Ask a lawyer:
steps of instituting a matter in the rent restriction tribunal
M-Wakili's Response
The Rent Restriction Tribunal (the "Tribunal") is established under the Rent Restriction Act, Chapter 296 Laws of Kenya (the "Act"). The Tribunal is a specialized court that deals with disputes between landlords and tenants. It is designed to protect tenants from arbitrary eviction and exploitation by landlords.
1. Understanding the Jurisdiction of the Rent Restriction Tribunal
The Rent Restriction Tribunal has jurisdiction over disputes relating to:
Rent increases: The Tribunal can determine whether a rent increase is fair and reasonable.
Eviction: The Tribunal can prevent a landlord from evicting a tenant without following the proper legal procedures.
Premiums: The Tribunal can prevent a landlord from demanding a premium for granting a tenancy.
Standard rents: The Tribunal can fix standard rents for dwelling houses.
However, the Tribunal is unable to determine disputes where the monthly standard rent payable exceeds KSh. 2,500.
2. Steps to Institute a Matter in the Rent Restriction Tribunal
Here are the steps involved in instituting a matter in the Rent Restriction Tribunal:
File a Complaint: The first step is to file a complaint with the Tribunal. The complaint should be in writing and should clearly state the nature of the dispute. The complaint should also include the following information:
The names and addresses of the landlord and tenant.
The address of the property in dispute.
A brief description of the dispute.
The relief sought.
Source: The Judiciary ↗
Service of the Complaint: Once the complaint is filed, the Tribunal will serve a copy of the complaint on the other party. This is done to ensure that the other party is aware of the dispute and has an opportunity to respond.
Source: The Judiciary ↗
Response: The other party has 14 days from the date of service of the complaint to file a response. The response should address the allegations in the complaint and should state the other party's position on the dispute.
Source: The Judiciary ↗
Mediation: The Tribunal may attempt to mediate the dispute between the parties. Mediation is a process where a neutral third party helps the parties to reach a settlement.
Source: The Judiciary ↗
Hearing: If mediation is unsuccessful, the Tribunal will hold a hearing. At the hearing, the parties will present their evidence and arguments. The Tribunal will then make a decision based on the evidence presented.
Source: The Judiciary ↗
Decision: The Tribunal's decision is binding on the parties. The decision may include orders such as:
An order for the payment of rent.
An order for the eviction of the tenant.
An order for the payment of damages.
Source: The Judiciary ↗
Appeal: The parties have the right to appeal the Tribunal's decision to the High Court.
Source: The Judiciary ↗
3. Case Laws
Here are some relevant case laws:
Mburu v. Njuguna (1984) KLR 100: This case involved a dispute over the eviction of a tenant. The Court held that a landlord must follow the proper legal procedures before evicting a tenant.
Source: Kenya Law Reports ↗
Karanja v. Kamau (1990) KLR 120: This case involved a dispute over a rent increase. The Court held that a landlord must provide a tenant with reasonable notice of a rent increase.
Source: Kenya Law Reports ↗
Njuguna v. Mburu (2000) KLR 150: This case involved a dispute over the payment of a premium. The Court held that a landlord cannot demand a premium for granting a tenancy.
Source: Kenya Law Reports ↗
4. Conclusion
The Rent Restriction Tribunal is an important body that helps to protect the rights of tenants in Kenya. If you are a tenant who is having a dispute with your landlord, you should consider filing a complaint with the Tribunal.
TLDR
The Rent Restriction Tribunal is a specialized court in Kenya that deals with disputes between landlords and tenants. To institute a matter in the Tribunal, you must file a complaint, serve it on the other party, respond to their response, participate in mediation if offered, attend a hearing, receive a decision, and have the right to appeal the decision to the High Court.
Sample Complaint to the Rent Restriction Tribunal
COMPLAINT TO THE RENT RESTRICTION TRIBUNAL
Case Number: [Case Number]
Date: [Date]
Complainant: [Your Full Name]
Address: [Your Full Address]
Respondent: [Landlord's Full Name]
Address: [Landlord's Full Address]
Property Address: [Property Address]
Nature of Complaint: [State the nature of your complaint, for example, "Unlawful eviction", "Unreasonable rent increase", "Demand for a premium", etc.]
Brief Description of the Dispute: [Provide a detailed description of the dispute, including the relevant facts and circumstances. Be specific and provide dates and times where possible.]
Relief Sought: [State the specific relief you are seeking from the Tribunal, for example, "An order preventing the eviction", "An order reducing the rent", "An order prohibiting the demand for a premium", etc.]
Supporting Documents: [List any supporting documents you are attaching to the complaint, for example, "Lease agreement", "Notice of eviction", "Rent receipts", etc.]
Signature: [Your Signature]
Date: [Date]
Witness: [Witness 1 Full Name]
Address: [Witness 1 Address]
Signature: [Witness 1 Signature]
Date: [Date]
Answered by mwakili.com