Section 14 of The Rent Restriction Act CAP 296: 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 other obligation of the tenancy (whether under the contract of tenancy or under this Act) so far as it is consistent with the provisions of this Act has been broken or not performed; or
(b) the tenant, or any person residing with him, has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose, or the condition of the premises has, in the opinion of the tribunal, deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any such person; or
(c) the tenant has given notice to quit, and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the tribunal, be seriously prejudiced if he could not obtain possession; or
(d) the tribunal is satisfied that the tenant has sublet the whole or any part of the premises (that part being also premises to which this Act applies) for a rent in excess of the rent recoverable under the provisions of this Act; or
(e) the dwelling-house is reasonably required by the landlord for occupation as a residence for himself or for his wife or minor children, or for any person bona fide residing or to reside with him, or for some person in his whole-time employment or in the whole-time employment of some tenant of his or for the occupation of the person who is entitled to the enjoyment of the dwelling-house under a will or settlement, and the landlord has given to the tenant not less than twelve months’ notice to quit; and in that case the tribunal shall include in any order for possession a requirement that the landlord shall not without its consent let the premises or any part thereof within eighteen months after the date on which possession is to be given; or
(f) the premises are reasonably required for the purpose of the execution of the statutory duties or powers of a local authority or public body, or for any purpose which, in the opinion of the tribunal, is in the public interest:
Provided that where, upon completion of any work undertaken, the landlord wishes again to let the dwelling-house (whether for a consideration or without consideration), he shall give to the tenant who, under the provisions of this paragraph was required to give up possession of the dwelling-house, the first option to let and take possession thereof; or
(g) the tenant has, without the consent in writing of the landlord, assigned, sublet or parted with the possession of the premises or any part thereof, and a landlord who has obtained or is entitled to obtain an ejectment order on this ground may at his option either obtain a similar order against the occupier or treat the occupier as his tenant;
(h) the landlord is the owner of a dwelling-house which he has previously occupied as a residence for himself and reasonably requires the house for occupation as a residence for himself or for his wife or minor children, and has complied with the terms relating to the giving of notice contained in any lease into which he has entered with the tenant in respect of the house, or, in the absence of any such lease, has given the tenant three months’ notice to quit:
Provided that if, within twelve months next after the date upon which the landlord was, under the provisions of this paragraph, entitled to vacant possession of the dwelling-house, he wishes again to let the house (whether for a consideration or without consideration), he shall give to the tenant who, under the provisions of this paragraph was required to give up possession of the house, the first option to let and take possession thereof; or
(i) the landlord requires possession of the premises to enable the reconstruction or rebuilding thereof to be carried out, and has given to the tenant not less than six months’ written notice of that requirement; in which case the tribunal shall include in any order for possession a requirement that the reconstruction or rebuilding shall be completed within such specified time as the tribunal may consider reasonable:
Provided that where, upon completion of any work undertaken, the landlord wishes again to let the dwelling-house (whether for a consideration or without consideration), he shall give to the tenant who, under the provisions of this paragraph was required to give up possession of the dwelling-house, the first option to let and take possession thereof; or
(j) the tenant or his or her wife or husband owns a dwelling-house to which this Act does not apply, and the landlord has given to the tenant—
(i) twelve months’ notice to quit; and
(ii) an option, exercisable within six months of the date of the notice, to take the premises for a period of three years from the date of the notice at a rent and on terms to be determined, in default of agreement, by the tribunal, which shall determine the rent to be at the annual rate of one-tenth of such sum as it finds to be the open market value of the dwelling-house sold with vacant possession at the date of the notice; or
(k) the landlord has, with the consent of the tribunal, let the premises for a definite period, and the landlord requires the premises at the expiry of that tenancy for his own occupation or for the occupation of his wife or minor children or for some person in his whole-time employment; or
(l) the premises are occupied by a larger number of persons than can reasonably be accommodated so that in the opinion of the tribunal the premises are overcrowded or constitute, for any reason, a danger to the premises or to the neighbours; or
(m) the application for the recovery of possession of the premises is made by a person who, having been the tenant of the premises, has been unlawfully dispossessed thereof, and in any such case—
(i) any tenant who, if the application is successful, is liable to be ejected from the premises shall be made a party to the proceedings;
(ii) where any such tenant is so ejected, the tribunal may order that the landlord pay to that tenant such sum by way of compensation as the tribunal thinks just in all the circumstances of the case;
(iii) where any tenant has been lawfully dispossessed, and upon an application for recovery of possession, the tribunal may order that the landlord pay that tenant such sum by way of compensation as the tribunal thinks just in all the circumstances of the case.
(2) In any case arising under any of paragraphs (a) to (d), (f) to (h) and (k) to (m), inclusive, of subsection (1), no order for the recovery of possession of premises shall be made unless the tribunal considers it reasonable to make such an order.
(3) Nothing in paragraph (e) or paragraph (h) of subsection (1) shall permit a landlord to recover possession of a dwelling-house if by that recovery he or his wife or minor children or any person bona fide residing or to reside with him would be in occupation of, or would acquire the right to occupy, more than one place of residence at the same time.
(4) Where the tribunal makes an order for the recovery of possession of premises or for the ejectment of a tenant therefrom subject to conditions it may—
(a) where those conditions are complied with, discharge or rescind the order; or
(b) where those conditions are not complied with, on application by notice of motion, make the order absolute.
(5) An order against a tenant for the recovery of possession of any premises or ejectment therefrom under the provisions of this section shall not affect the right of any subtenant to whom the premises or any part thereof have been lawfully sublet before proceedings for recovery of possession or ejectment were commenced to retain possession under the provisions of this section, or be in any way operative against any such subtenant.
(6) Any landlord who, in contravention of the proviso to paragraph (f), (h) or (i) of subsection (1), fails to give a first option to the tenant required to give up possession of the dwelling-house or fails to give up possession of the dwelling- house to the tenant who has accepted the option shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a
term not exceeding six months, or to both such fine and imprisonment, and in addition the court may—
(a) order the offender to pay to the tenant concerned compensation for any loss or damage suffered by him in consequence of having been required to give up possession;
(b) order any person to whom the dwelling-house has been let or who is actually occupying it to give up possession thereof within such period as the court may consider reasonable; and (c) order the offender to reinstate the tenant in the dwelling-house.
(7) Where a landlord has obtained an order for possession or ejectment under this section, and it is subsequently made to appear to the tribunal that the order was obtained by misrepresentation or the concealment of material facts, the tribunal may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by such tenant as the result of the order; and any landlord who so obtains such an order shall be guilty of an offence and liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(8) Any person who contravenes or fails to comply with any order made under subsection (1) or any requirement contained in any such order shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.