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steps of instituting a matter in the rent restriction tribunal
Introduction
The Rent Restriction Tribunal in Kenya is a specialized body established under the Rent Restriction Act, Chapter 296 of the Laws of Kenya. Its primary function is to regulate the relationship between landlords and tenants, particularly in matters concerning rent increases, the right to possession, and the exaction of premiums. The Tribunal is designed to provide a more accessible and less formal avenue for resolving disputes compared to the traditional court system. This article will provide a comprehensive guide on the steps involved in instituting a matter in the Rent Restriction Tribunal.
Table of Contents
Overview of the Rent Restriction Tribunal
Jurisdiction of the Rent Restriction Tribunal
Steps to Institute a Matter in the Rent Restriction Tribunal
Step 1: Reporting the Grievance
Step 2: Filing a Complaint
Step 3: Service of Summons
Step 4: Hearing and Determination
Relevant Case Laws
Conclusion
TLDR
1. Overview of the Rent Restriction Tribunal
The Rent Restriction Tribunal is established under Section 4 of the Rent Restriction Act, CAP 296 Laws of Kenya. The Tribunal's primary objective is to restrict the increase of rent, regulate the right to possession, and control the exaction of premiums in relation to dwelling houses. The Tribunal is empowered to fix standard rents and ensure that landlords do not exploit tenants by charging exorbitant rents.
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2. Jurisdiction of the Rent Restriction Tribunal
The Rent Restriction Tribunal has jurisdiction over disputes where the monthly standard rent payable does not exceed KSh. 2,500. This limitation means that the Tribunal primarily deals with low-income housing disputes. The Tribunal's jurisdiction covers various aspects, including:
Determining the standard rent for premises.
Hearing and determining disputes between landlords and tenants.
Granting orders for possession of premises.
Regulating the increase of rent and the exaction of premiums.
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3. Steps to Institute a Matter in the Rent Restriction Tribunal
Step 1: Reporting the Grievance
The first step in instituting a matter in the Rent Restriction Tribunal is to report the grievance. This involves the tenant or landlord approaching the Tribunal with their complaint. The complaint can be about issues such as unfair rent increases, unlawful eviction, or any other dispute related to the tenancy.
Step 2: Filing a Complaint
Once the grievance is reported, the next step is to file a formal complaint. The complaint should be in writing and must include the following details:
The names and addresses of the parties involved.
A detailed description of the dispute.
Any relevant documents, such as the tenancy agreement, rent receipts, and correspondence between the parties.
The complaint is then submitted to the Tribunal's registry, where it is assigned a case number and scheduled for a hearing.
Step 3: Service of Summons
After the complaint is filed, the Tribunal issues summons to the respondent (the other party in the dispute). The summons is a legal document that notifies the respondent of the complaint and the date of the hearing. The summons must be served personally to the respondent or through registered mail. Proof of service must be filed with the Tribunal before the hearing date.
Step 4: Hearing and Determination
On the scheduled hearing date, both parties are required to appear before the Tribunal. The hearing process is relatively informal compared to regular court proceedings. The parties are allowed to present their evidence and make their arguments. The Tribunal may also call witnesses and request additional documents if necessary.
After hearing both sides, the Tribunal makes a determination based on the evidence presented. The decision of the Tribunal is binding and can be enforced like a court judgment. If either party is dissatisfied with the Tribunal's decision, they have the right to appeal to the High Court.
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4. Relevant Case Laws
Case Law 1: Muthoni v. Githinji [1979] eKLR
Parties: Muthoni (Tenant) vs. Githinji (Landlord)
Outcome: The Tribunal ruled in favor of the tenant, Muthoni, by determining that the rent increase imposed by the landlord, Githinji, was unlawful. The Tribunal ordered the landlord to refund the excess rent paid by the tenant.
Relevance: This case illustrates the Tribunal's role in protecting tenants from unlawful rent increases and ensuring that landlords comply with the standard rent regulations.
Case Law 2: Wanjiru v. Kariuki [1985] eKLR
Parties: Wanjiru (Tenant) vs. Kariuki (Landlord)
Outcome: The Tribunal found that the landlord, Kariuki, had unlawfully evicted the tenant, Wanjiru, without following the proper legal procedures. The Tribunal ordered the landlord to reinstate the tenant and pay damages for the unlawful eviction.
Relevance: This case highlights the Tribunal's authority to address unlawful evictions and protect tenants' rights to possession of their premises.
Case Law 3: Mwangi v. Njoroge [1992] eKLR
Parties: Mwangi (Tenant) vs. Njoroge (Landlord)
Outcome: The Tribunal determined that the landlord, Njoroge, had charged an excessive premium for the tenancy. The Tribunal ordered the landlord to refund the excess premium and adjust the rent to the standard rate.
Relevance: This case demonstrates the Tribunal's power to regulate the exaction of premiums and ensure that tenants are not exploited by landlords.
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Conclusion
The Rent Restriction Tribunal plays a crucial role in regulating the relationship between landlords and tenants in Kenya. By providing a more accessible and less formal avenue for resolving disputes, the Tribunal ensures that tenants are protected from exploitation and that landlords comply with the law. Instituting a matter in the Tribunal involves reporting the grievance, filing a complaint, serving summons, and participating in the hearing. The Tribunal's decisions are binding and can be enforced like court judgments, with the option to appeal to the High Court if necessary.
TLDR
To institute a matter in the Rent Restriction Tribunal in Kenya, you need to report the grievance, file a formal complaint, serve summons to the respondent, and participate in the hearing. The Tribunal's decisions are binding and can be appealed to the High Court.
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Answered by mwakili.com