Right to quiet enjoyment: Interpreting tenant rights in Kenya.

Updated: Apr 14, 2020

It has become a common this in Kenya nowadays to see the landlords or their agents coming appearing to tenant doors claiming that they wanted to show the property t a prospecting tenant since the current one was on had given them a notice to vacate at the end of the month. The timing of which they appear being a debate for another day, there are others who would go a notch higher and even asking if they can be allowed to show the client how the bedroom is!

The relationship between the landlord and the tenant is bound by their communications and the rental agreement and therefore the right to quiet enjoyment is guaranteed therein as long as the tenant is making good on his obligations including paying rent, he is entitled to peaceful occupation of the premises and that is an obligation on the landlord.  The sense of quiet enjoyment is that there should be no interference from persons claiming there should be no disturbance.

Section 3 of the Landlord and Tenant (Shops, Hotels and catering Establishments) Act, read together with the schedule detailing the terms and conditions to be implied in tenancies, The lessee shall have quiet enjoyment of premises provided that he complies with express or implied covenants.
This is to mean that as a landlord, one cannot just decide to show up at the tenant's door uninvited hence the need to notify such a tenant on your intention to enter the house and upon his/her acceptance, the landlord will be at ease to access the premises.

If a landlord shows up without notifying the tenant of his intention to enter the premises, he will be doing against the law and this can be cited as trespassing and an infringement on the right to quiet enjoyment by the landlord.

#landlord #tenant #quietenjoyment #tenantrights #lease #rentalagreement #lettingagent

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