Section 1 of The Rent Restriction Act CAP 296: Short title
This Act may be cited as the Rent Restriction Act.
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- Section 2 - Application
(1) This Act shall apply to all dwelling-houses, other than—
(a) excepted dwelling-houses;
(b) dwelling-house let on service tenancies;
(c) dwelling-houses which have a standard rent exceeding two...
- Section 3 - Interpretation
(1) In this Act, except where the context otherwise requires—
"cost of construction", in relation to premises, means the cost of constructing the premises at the time of construction,...
- Section 4 - Rent tribunals
(1) The Cabinet Secretary shall, by notice in the Gazette, establish such Rent Tribunals, having jurisdiction in such areas, as he may think fit.
(2) The Cabinet Secretary shall, by notice in the...
- Section 5 - Powers of court
(1) The tribunal shall have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in particular shall have power—
(a) to assess the standard rent...
- Section 6 - Investigation of complaints by the tribunal
(1) In addition to any other powers specifically conferred on it by this Act, the tribunal may investigate any complaint relating to the tenancy of premises made to it by either a tenant or the...
- Section 7 - Penalty for failure to comply with lawful order of the tribunal
Any person who fails to comply with any lawful order or decision of the tribunal after the expiration of the time allowed for an appeal therefrom, or, if an appeal has been filed, after such order or...
- Section 8 - Appeals
(1) Except as provided by subsection (2), every decision, determination and order of the tribunal under the provisions of this Act shall be final and conclusive, and no appeal shall lie therefrom to...
- Section 9 - Restriction on increasing rent
Subject to this Act, the landlord of premises shall not be entitled to recover any rent in respect thereof in excess of the standard rent, notwithstanding any tenancy agreement or lease executed...
- Section 10 - Penalty for accepting excess rent
Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk, or other person employed by him, demands or accepts any rent in respect of such premises which exceeds the...
- Section 11 - Permitted increases in rent
(1) A landlord may, by notice in writing to the tenant a copy whereof shall be delivered to the tribunal, increase the rent of any premises as follows— (a) in the case of premises—
(i) upon which...
- Section 12 - Penalty for false statement in notice
If a notice served under the provisions of subsection (1) of section 11 contains any statement or representation which is false or misleading in any material respect, the landlord shall be guilty of...
- Section 13 - Limitation as to permitted increase in rent
(1) Nothing in this Act shall be taken to authorize any increase of rent except in respect of a period during which, but for the provisions of this Act, the landlord would be entitled to obtain...
- Section 14 - Restriction on right to possession
(1) No order for the recovery of possession of any premises or for the ejectment of a tenant therefrom shall be made unless—
(a) some rent lawfully due from the tenant has not been paid, or some...
- Section 15 - Notices to quit
Where notice to quit is required to be given in respect of premises it shall be in writing, and where the required period of notice is not elsewhere specified in this Act it shall be not less than one...
- Section 16 - Restriction on levy of distress for rent
No distress for the rent of any premises shall be levied except with the leave of the tribunal.
- Section 17 - Restriction on premiums
(1) No person shall, as a condition of the grant, assignment, renewal or continuance of a tenancy, lease, sublease, subletting or occupation of any premises require the payment of or take any fine or...
- Section 18 - Penalty for excessive charges for furnished lettings
Where any person lets, or has let, any premises at a rent which includes payment in respect of the use of furniture, the maximum rent per annum which may be charged shall be the standard rent...
- Section 19 - Recovery of certain sums paid on account of rent
(1) Where any sum has been paid on account of any rent, being a sum which is, under the provisions of this Act, irrecoverable by the landlord, the sum so paid shall be recoverable from the landlord...
- Section 20 - Statement to be supplied as to standard rent
(1) A landlord of any premises shall, on being so requested in writing by the tribunal or the tenant of the premises, supply to the tribunal and to the tenant a statement in writing as to the amount...
- Section 21 - Rent book
(1) Every landlord of premises, other than premises the standard rent of which exceeds two thousand five hundred shillings per month, shall keep or cause to be kept in respect of the premises a rent...
- Section 22 - Removal of furniture by landlord
(1) Where a landlord of any furnished premises wishes to remove the furniture or soft furnishings, or any of them, with which the premises were let, he shall apply to the tribunal for permission so to...
- Section 23 - Penalty for depriving tenant of service
(1) No landlord shall, except with the prior consent of the tribunal, and no person other than a landlord shall without lawful authority, do any act whereby—
(a) any tenant is or may be, either...
- Section 24 - Conditions of statutory tenancy
(1) A tenant who, under the provisions of this Act, retains possession of any premises shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions...
- Section 25 - Notification of estimate of market cost of construction or market value of land
Where, for the purpose of determining the standard rent, an estimate of the cost of construction or market value has been made by order of the tribunal, the tribunal shall forthwith send written...
- Section 26 - Repairs
In the absence of any provision to the contrary in the contract of tenancy, for the purposes of this Act it shall be deemed to be the obligation of the landlord of any premises to maintain and keep...
- Section 27 - Restriction on right to assign or sublet premises
Notwithstanding the absence of any covenant against the assigning or subletting of the premises, no tenant shall have the right to assign, sublet or part with the possession of any premises or any...
- Section 28 - Subletting by tenant
(1) Notwithstanding anything contained in this Act, the tenant of any dwelling- house may—
(a) with the consent in writing of the landlord (which consent shall not be unreasonably withheld), a copy...
- Section 29 - Penalty for subjecting tenant to annoyance
A landlord and any agent or servant of a landlord who evicts a tenant without the authority of a tribunal or wilfully subjects a tenant to any annoyance with the intention of inducing or compelling...
- Section 30 - Jurisdiction
In and for the exercise of the powers conferred upon it by this Act, a tribunal shall have the same jurisdiction and powers in civil matters as are conferred upon the High Court, and in particular...
- Section 31 - Enforcement of orders
(1) A copy of any determination or order of a tribunal, certified by the Chairperson of the tribunal, or by a public officer authorized by the Cabinet Secretary by notice in the Gazette to certify...
- Section 32 - Service of documents
Where under this Act any summons, notice or other document is required to be served upon any person, it shall be sufficiently served on that person if it is served on him personally or, if it cannot...
- Section 33 - Compensation in case of frivolous or vexatious applications
If, on the dismissal of any application, the tribunal is of opinion that the application was frivolous or vexatious, the tribunal may order the applicant to pay to any other party to the application a...
- Section 34 - Right of entry
The tribunal, and any person authorized by the tribunal in writing in that behalf, may, for the purpose of carrying out its duties and functions under this Act, at all reasonable times enter upon and...
- Section 35 - Proceedings
(1) A member of a tribunal shall be free from civil liability for anything done or said by him in his capacity as such member.
(2) If any proceedings whatsoever of a civil nature are brought against...
- Section 36 - Regulations
(1) The Cabinet Secretary may make such regulations, and give such directions, as he may think fit for the purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the...
- Section 37 - Rules
(1) The Chief Justice may make rules prescribing the procedure for enforcing determinations or orders of a tribunal under section 33, prescribing the time within which an appeal to a court may be...