Mwangi v Waciru Commercial & Property Agencies [2022] KEBPRT 3 (KLR)

Mwangi v Waciru Commercial & Property Agencies (Tribunal Case 34 of 2021) [2022] KEBPRT 3 (KLR) (27 May 2022) (Ruling)

Neutral citation: [2022] KEBPRT 3 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case 34 of 2021

Gakuhi Chege, Vice Chair

May 27, 2022

Between

James Mwangi

Applicant

and

Waciru Commercial & Property Agencies

Respondent

Ruling

1. By a ruling delivered on 17th December 2021, this Tribunal directed the two parties herein to file statements of rent account for the relevant period to establish if any rent is owing as arrears within Thirty (30) days of the ruling based on the holding that the monthly rent payable by the tenant is Kshs.50,000/- save for the months of December 2020, January and February 2021 which was Kshs.40,000/- as mutually agreed by both parties.

2. The parties filed separate statements with the landlord filing his account dated 24th February 2021 and the tenant’s dated 20th March 2022.

3. The landlord through the statement of account claims Kshs.355,800/- as at February 2022 while the tenant’s account shows a balance of Kshs.13,500/- only. Despite being urged to sit down and agree on the amount due, the parties could not agree and as such left the matter for determination by the Tribunal.

4. I have examined the records presented by the two parties and in reliance on the tenant’s account, I have found the amount due to be Kshs.470,000/- made up as follows:Amount Payable Amount PaidDecember- 2020- 40,000/- 50,000/-January- 2021- 40,000/- 40,000/-February-2021- 40,000/- 50,000/-March- 2021 40,000/- 40,000/-April – 2021 40,000/- 40,000/-May- 2021 40,000/- NILJune- 50,000/- NILJuly- 50,000/- 85,000/-August 50,000/- 80,000/-September 50,000/- NILOctober 50,000/- NILNovember 50,000/- NILDecember 50,000/- NILJanuary 50,000/- NILFebruary 50,000/- NILMarch 50,000/- NILApril 50,000/- NILMay 50,000/- NILTotals 870,000/- 405,000/-Add 500/- rent balance for May 2020Total thereafter 875,000/-.

5. The difference between the amount payable and the amount paid is Kshs.470,000/- and the landlord is entitled to the same from the tenant.

6. I have noted the contents of paragraphs 7 and 8 of the affidavit/statement of rent account wherein the tenant deposes that the owners of the suit premises through a letter dated 1st November 2021 warned the tenants against paying rent to the respondent as a result of which the tenant has since October 2021 been paying rent to the undisclosed owners of the suit premises.

7. The alleged letter marked ‘JM 13’ is not annexed to the affidavit/statement of rent account neither has the tenant exhibited any evidence of payment of rent to the alleged owners of the suit premises. There is equally no evidence that the tenancy between the tenant herein and the said owners of the suit premises was legally terminated to enable them take over the premises together with the subtenants in occupation thereof.

8. I find and hold that since this matter was still pending before this Tribunal, the tenant was not entitled to pay rent to any other person without the landlord’s consent or an order of this Tribunal. If he paid rent to the alleged owners as claimed, the same does not absolve him from liability to pay rent to the landlord herein.

9. In the premises, the following final orders commend to me:-i. The amount owing by the tenant to the landlord as at 31st May 2022 is Kshs.470,000/- in rent arrears.ii. The landlord is entitled to use legal means to recover the said amount from the tenant with immediate effect unless the same is paid by the tenant in any event within the next fourteen (14) days hereof.iii. The landlord is awarded costs of Kshs.30,000/- against the tenant in this case.It is so ordered.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS27TH DAY OFMAY, 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence ofShelmith/Landlord presentNo appearance for the Tenant