The Rentals Episodes and Tenants-Landlords Relationships in Kenya
Tenancy management is a compound relationship that must involve both landlords, tenants and registered real estate companies in Nairobi or registered real estate agents in Kenya. After settling in some of these rent to buy properties available in Nairobi, one has to realize that the real estate apartments for rent in Kenya comes with some hidden packages that includes Tenancy agreements and local estate regulations.
Recent times have witnessed a great duel between landlord and their tenants. The alarming number of such misunderstandings have been on the rise. What is the fuel behind such?
Understanding the Parties Involved
Landlord
A person who owns property and allows another person to use it at a fee.
Tenant
The person using the property. In some cases, the landlord seeks the services of a house agency to run and manage the property on their behalf.
Once the relationship is commenced it is confined into a binding agreement known as "a lease" or "rental agreement" and in some instances, it's a verbal agreement.
Major Causes of Tenancy Disputes
💰 Rent Deposit (The Goodwill Fee)
This is an epic battle between the landlord and tenant. Rent deposit is a fee payable in advance equivalent to the rent charge. In addition, the tenant is also charged for:
- Water deposit
- Electricity deposit
- Garbage collection deposit
- Security or resident association deposit
Rent deposit may be required to be equivalent to 2 or 3 months' worth of rent depending on the landlord/house agent.
⚡ Service Provider Charges
Traditionally, landlords have taken upon themselves to raise the amount payable to service providers like water and electricity, pocketing the difference. The introduction of "electricity tokens" by KPLC has been a relief as tenants now pay only for units they consume.
📝 Verbal Agreements
Most agreements between landlords and tenants continue to exist in verbal form, making the tenant vulnerable whenever issues emerge.
Protecting Yourself as a Tenant
📋 Inventory Checklist
Before moving into a new house, it is important for a tenant to make an inventory list to assess the condition of the house:
- Do a walk-through of the entire house preferably with the landlord/caretaker
- Come up with a list of what's still in working condition and what needs repairing
- Note things that have gone through wear and tear
- Make two copies and give the landlord/caretaker a copy
- If the landlord/caretaker won't sign, keep one copy sealed
- Record pictures and videos of defects in the house
⚖️ Legal Rights on Rent Increment
Under Section 4(5) of the Landlord and Tenant Act, a notice must be served of not less than one month, citing reasons for increasing rent or altering a term of tenancy agreement.
📅 Moving Out: Important Steps
- Serve the landlord/house agency with a one-month notice (not to be mistaken with "am sitting on my deposit")
- Do an inspection and cross-check with the presence of the landlord or caretaker for any damages or repairs
- Remember: it's not your responsibility to fix wear and tear of the house
- If repairs are done, the landlord must provide receipts or estimates for authenticity
- Rent deposit must be returned within 30 days of moving out
- Landlord must provide a statement with items charged as reason for any amount withheld from your deposit
🚫 Illegal Eviction and Lockouts
Being locked out by the landlord is against the law and violates the right to peaceful enjoyment of the possession of the premise by the tenant. However, the landlord has a right to confiscate household property belonging to the tenant for purposes of recovering rent in arrears.
The Way Forward
The shortage of affordable housing has created enormous numbers of desperate tenants who continue to subject themselves to the few affordable houses and being victimized every day by rogue landlords or house agencies.
It's with this notion that the modern tenant should gather critical information and know how to safeguard their rights whenever a tenancy dispute arises.
At Hao Finder, we keep you informed and connected to reliable housing and accommodation besides connecting Landlords to prudent tenants.
📋 Tenant Rights Quick Reference
💡 Best Practices for Tenants
- Always communicate in written form
- Keep receipts of all records
- Notify landlord when repairs take place
- Clean the house and leave it presentable when moving out
- Take photos and videos of property condition
- Understand your rights under the law
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