What the law says about sub-letting and repairs
Real Estate
By
Harold Ayodo
| Jul 28, 2016
If I seek permission to sublet or improve — repaint, fix leaking roofs, blocked drainage, sewer or even replace window panes — my rented property but the landlord fails to respond to my request, what options do I have?
Shem, Nairobi.
The Land Act 2012 forces landlords to respond to proposals by tenants within “reasonable time”. According to Section 67 of the Land Act, the house or land owner is under obligation to give or refuse consent to the application by the tenant.
The tenant can make a written application to the landlord seeking permission to sublet the property, transfer or assign the lease or part with possession of the rented land or building. Other common reasons include changing the use of the property from what is included in the lease, extend, improve or develop the building or create a charge over lease.
READ MORE
Budget cuts loom for Parliament thanks to Sh9.6b Bunge Towers
Private sector partnerships important to catalysing sports
Tax stand-off as boda boda riders defy county call to pay
Islamic banking gets traction in Africa as Salaam Bank feted
Data privacy major challenge for Kenya's digital space, report
Angola ICT Minister: Invest in space industry to ensure a connected, peaceful Africa
NCPB sets in motion plans to compensate farmers for fake fertiliser
Governors reject revenue Bill, demand Sh439.5 billion allocation
Firm linked to fake fertiliser calls for arrest of Linturi, NCPB boss
The landlord can, however, decline to give consent if the tenant is required to pay additional rent, premium or fine towards expenses to be incurred in connection with the permission. Other reasons may include if the consent may impose unreasonable conditions to the property owner. The landlord should inform the tenant in writing the reasons for refusing to allow the proposals.
The law further provides that the tenant can either be compensated or seek damage for any loss suffered in regard to the application. As a plus to tenants, landlords cannot forfeit a lease without giving notice of at least 30 days.
In addition, tenants have legal rights to seek relief from court as a result of losses incurred from the forfeiture. According to the Act, tenants who are undergoing a forfeiture process, which began before the enactment of the new laws, may go to court and stop the process to start under the new law.
Therefore, the right of landlords to forfeit a tenancy agreement will last longer as most tenants will invoke their rights for relief in court. The court will consider conducts of both the tenant and landlord before delivering its judgment.
In daily practice, tenants and landlords both have their responsibilities, which may be presumed even without written agreements. For instance, tenants must pay rent, electricity and water bills, maintain the house in good condition, repair damaged doors, windows and bath tubs.
Tenants should also not sublet the house without the written permission of the owner and must move out on the agreed date. On their part, landlords must ensure that tenants enjoy their stay peacefully — not walking into houses without the permission of tenants.
They must also refund deposits as agreed in writing, pay the required land rates and land rent to the government. House owners should also insure their property against loss or damage by fire, for instance, and pay premium as required.
Landlords must also strive to keep clean the main walls, roofs and other exterior structures of the houses.
Others like electrical lighting, sanitary installations, water heater tank pipes and gutters should all be in good condition.
— The writer is an advocate of the High Court.
- Budget cuts loom for Parliament thanks to Sh9.6b Bunge Towers
- Governors reject revenue Bill, demand Sh439.5 billion allocation
- KPLC to pay Sh500 million for Nakumatt fire tragedy
- Yes, prices are falling but it might be too early to celebrate