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What rights do tenants have against landlords?

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Introduction

In Kenya, the relationship between tenants and landlords is governed by various laws and regulations designed to protect the rights and obligations of both parties. The primary sources of these laws include the Constitution of Kenya, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, the Rent Restriction Act, and the Distress for Rent Act. This comprehensive guide will outline the rights of tenants against landlords, referencing the relevant legal provisions.

Constitutional Rights
- 1.1 Right to Property
- 1.2 Right to Fair Administrative Action
- 1.3 Right to Privacy
Statutory Rights
- 2.1 Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- 2.2 Rent Restriction Act
- 2.3 Distress for Rent Act
Common Law Rights
- 3.1 Right to Quiet Enjoyment
- 3.2 Right to Habitability
- 3.3 Right to Non-Discrimination
Conclusion

1. Constitutional Rights

1.1 Right to Property

Source: Constitution of Kenya, Article 40
Explanation: Article 40 of the Constitution guarantees the right to acquire and own property. This includes the right of tenants to occupy rental property without unlawful interference from landlords.

1.2 Right to Fair Administrative Action

Source: Constitution of Kenya, Article 47
Explanation: Article 47 ensures that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. Tenants are entitled to fair treatment in all dealings with landlords, including evictions and rent increases.

1.3 Right to Privacy

Source: Constitution of Kenya, Article 31
Explanation: Article 31 guarantees the right to privacy, which includes the right of tenants to enjoy their rented premises without unwarranted intrusion by landlords.

2. Statutory Rights

2.1 Landlord and Tenant (Shops, Hotels and Catering Establishments) Act

Source: Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
Explanation: This Act provides for the regulation of certain types of tenancies and protects tenants from unfair eviction and rent increases. Key provisions include:
- Security of Tenure: Tenants are protected from eviction without a valid reason and proper notice.
- Rent Control: Landlords cannot increase rent arbitrarily; they must follow the procedures outlined in the Act.

2.2 Rent Restriction Act

Source: Rent Restriction Act, Cap 296
Explanation: This Act applies to residential premises with a monthly rent not exceeding Ksh 2,500. It aims to protect tenants from excessive rent and provides mechanisms for resolving disputes. Key provisions include:
- Rent Assessment: The Rent Tribunal can assess and set fair rent for premises.
- Eviction Protection: Tenants cannot be evicted without a court order, and only for specific reasons such as non-payment of rent.

2.3 Distress for Rent Act

Source: Distress for Rent Act, Cap 293
Explanation: This Act regulates the process by which landlords can recover unpaid rent by seizing tenants' property. Key provisions include:
- Notice Requirement: Landlords must provide notice before seizing property.
- Prohibited Items: Certain items, such as tools of trade and essential household items, cannot be seized.

3. Common Law Rights

3.1 Right to Quiet Enjoyment

Source: Common Law
Explanation: Tenants have the right to enjoy their rented premises without interference from the landlord. This includes protection from harassment and unlawful entry.

3.2 Right to Habitability

Source: Common Law
Explanation: Landlords are required to ensure that rental premises are habitable and meet basic living standards. This includes providing necessary repairs and maintenance.

3.3 Right to Non-Discrimination

Source: Common Law and Constitution of Kenya, Article 27
Explanation: Tenants have the right to be free from discrimination based on race, gender, religion, or other protected characteristics. Landlords must treat all tenants fairly and equally.

Conclusion

The rights of tenants in Kenya are well-protected under various legal frameworks, including the Constitution, statutory laws, and common law principles. These rights ensure that tenants can enjoy their rented premises without undue interference, discrimination, or exploitation by landlords. Understanding these rights is crucial for both tenants and landlords to maintain a fair and harmonious rental relationship.