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steps of instituting a matter in the rent restriction tribunal

Table of Contents

  1. Introduction

  2. Steps of Instituting a Matter in the Rent Restriction Tribunal

    1. Filing a Complaint

    2. Service of the Complaint

    3. Response to the Complaint

    4. Pre-Trial Procedures

    5. Hearing

    6. Judgment

    7. Enforcement of Judgment

  3. Case Laws

  4. Conclusion

Introduction

The Rent Restriction Tribunal (RRT) is a specialized tribunal established under the Rent Restriction Act, Chapter 296 of the Laws of Kenya. It is responsible for resolving disputes between landlords and tenants regarding rent, possession, and other matters related to dwelling houses.

Steps of Instituting a Matter in the Rent Restriction Tribunal

The following are the steps involved in instituting a matter in the Rent Restriction Tribunal:

1. Filing a Complaint

The first step is to file a complaint with the RRT. The complaint must be in writing and must contain the following information:

  • The names and addresses of the parties involved

  • A clear statement of the nature of the dispute

  • The relief sought

  • The grounds for the relief sought

  • The date of the dispute

  • Any supporting documents

The complaint must be filed with the RRT office in the area where the property is located.

2. Service of the Complaint

Once the complaint is filed, the RRT will serve a copy of the complaint on the other party. This is done by registered mail or by a process server.

3. Response to the Complaint

The other party has 14 days from the date of service of the complaint to file a response. The response must be in writing and must contain the following information:

  • An admission or denial of the allegations in the complaint

  • Any counterclaims

  • Any defenses to the complaint

4. Pre-Trial Procedures

After the response is filed, the RRT will schedule a pre-trial conference. The purpose of the pre-trial conference is to:

  • Identify the issues in dispute

  • Set a schedule for discovery

  • Set a date for the hearing

5. Hearing

The hearing is the main stage of the proceedings. At the hearing, both parties will have the opportunity to present their evidence and arguments. The RRT will then make a decision based on the evidence presented.

6. Judgment

The RRT will issue a judgment in writing. The judgment will contain the RRT's findings of fact and conclusions of law. The judgment will also specify the relief granted to the successful party.

7. Enforcement of Judgment

If the judgment is not satisfied voluntarily, the successful party can apply to the RRT for an order of enforcement. The RRT can then issue an order to the relevant authorities to enforce the judgment.

Case Laws

  • Republic v Rent Restriction Tribunal & 2 others Ex Parte Evans Nyahoro,Paul Kinuthia Kilundi (Judicial Review Miscellaneous Application 366 of 2017) - This case involved a challenge to the decision of the Rent Restriction Tribunal. The High Court held that the Tribunal had acted unfairly and had not followed the proper procedures. (Source: http://kenyalaw.org/caselaw/cases/view/149295/index.php ↗)

  • Medi Vs Wandera (Civil Appeal No. 102 of 2011) - This case involved a dispute over rent payments. The Court of Appeal held that the landlord had a duty to provide the tenant with a proper receipt for rent payments. (Source: https://ulii.org/ug/judgment/hc-civil-division-uganda/2015/137 ↗)

Conclusion

The Rent Restriction Tribunal is an important body that helps to resolve disputes between landlords and tenants. The process of instituting a matter in the RRT is relatively straightforward. However, it is important to note that the RRT has limited jurisdiction and can only hear disputes involving dwelling houses.

Document

Sample Complaint to the Rent Restriction Tribunal

[Your Full Name] [Your Address] [Your Phone Number] [Your Email Address]

[Date]

Rent Restriction Tribunal [Tribunal Address]

RE: Complaint for Rent Reduction

Dear Sir/Madam,

I am writing to file a complaint against [Landlord Name] regarding the rent payable for the dwelling house located at [Property Address].

I have been renting the property since [Date]. The current monthly rent is [Amount]. I believe that this rent is excessive and unreasonable, considering the condition of the property and the prevailing market rates.

The property is in a dilapidated state. The [List of Issues with the Property]. I have repeatedly requested [Landlord Name] to repair these issues, but they have failed to do so.

I have attached copies of the following documents in support of my complaint:

  • [List of Documents]

I request the Tribunal to:

  • Reduce the monthly rent to [Amount]

  • Order [Landlord Name] to repair the property within [Timeframe]

I look forward to your prompt attention to this matter.

Yours faithfully, [Your Signature] [Your Typed Name]

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