The Rent Restriction Act CAP 296 — Sections and Provisions

Section 1 of The Rent Restriction Act CAP 296: Short title

This Act may be cited as the Rent Restriction Act.

Section 2 of The Rent Restriction Act CAP 296: 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 thousand five hundred shillings per month, furnished or unfurnished. (2) Where a dwelling-house is let…

Section 3 of The Rent Restriction Act CAP 296: 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, increased— (a) where construction was completed before the 1st January, 1943, by 150 percent; (b) where construction…

Section 4 of The Rent Restriction Act CAP 296: 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 Gazette, appoint a Chairperson of each tribunal and may similarly appoint, subject to such conditions an…

Section 5 of The Rent Restriction Act CAP 296: 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 of any premises either on the application of any person interested or of its own motion; (b) to fix i…

Section 6 of The Rent Restriction Act CAP 296: 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 landlord of those premises. (2) Any tenant or any landlord making any such complaint to the tribunal shall…

Section 7 of The Rent Restriction Act CAP 296: 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 decision has been upheld, shall be guilty of an offence and liable to a fine not exceeding two thous…

Section 8 of The Rent Restriction Act CAP 296: 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 any court. (2) An appeal shall lie to the Environment and Land Court from any such decision, determin…

Section 9 of The Rent Restriction Act CAP 296: 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 between the landlord and the tenant or any other agreement, in writing or otherwise, as to the amount of…

Section 10 of The Rent Restriction Act CAP 296: 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 standard rent thereof by more than any amount permitted under this Act, or demands or accepts an ad…

Section 11 of The Rent Restriction Act CAP 296: 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 rates payable by the landlord have increased since the premises were let to the tenant, by the amount of…

Section 12 of The Rent Restriction Act CAP 296: 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 an offence and liable to a fine not exceeding one thousand shillings, unless he proves that the state…

Section 13 of The Rent Restriction Act CAP 296: 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 possession. (2) Notwithstanding any agreement to the contrary, where the rent of any premises is increased…

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…

Section 15 of The Rent Restriction Act CAP 296: 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 month’s notice ending at the end of a tenancy month: Provided that the tribunal shall construe noti…

Section 16 of The Rent Restriction Act CAP 296: 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 of The Rent Restriction Act CAP 296: 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 premium or other similar sum, or any consideration consisting of money or money’s worth, in addition…

Section 18 of The Rent Restriction Act CAP 296: 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 applicable to furnished premises and, if service is included, such service charge as may be permitted by the…

Section 19 of The Rent Restriction Act CAP 296: 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 who received payment, or from his legal personal representative, by the tenant by whom it was paid, an…

Section 20 of The Rent Restriction Act CAP 296: 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 of the standard rent of the premises and if, without reasonable excuse, he fails within fourteen days…

Section 21 of The Rent Restriction Act CAP 296: 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 book, in such form as the Cabinet Secretary may approve, and shall provide his tenant with a copy. (2…

Section 22 of The Rent Restriction Act CAP 296: 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 do. (2) Upon any application being made under subsection (1), the tribunal may grant the applicatio…

Section 23 of The Rent Restriction Act CAP 296: 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 directly or indirectly, deprived; or (b) any other person is or will be enabled, either directly or indire…

Section 24 of The Rent Restriction Act CAP 296: 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 of the original contract of tenancy, so far as they are consistent with the provisions of this Act, a…

Section 25 of The Rent Restriction Act CAP 296: 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 notification to the landlord and the tenant, or their representatives, that the details of the estimate a…

Section 26 of The Rent Restriction Act CAP 296: 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 the premises in a state of good structural repair and in a condition suitable for human habitation, an…

Section 27 of The Rent Restriction Act CAP 296: 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 part thereof except with the written consent of the landlord or, where such consent is unreasonably wit…

Section 28 of The Rent Restriction Act CAP 296: 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 whereof shall be delivered by the tenant to the tribunal; or (b) in any case where, in the opinion of…

Section 29 of The Rent Restriction Act CAP 296: 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 the tenant to vacate the premises or to pay, directly or indirectly, a higher rent for the premises sh…

Section 30 of The Rent Restriction Act CAP 296: 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 (but without prejudice to the generality of the foregoing) shall have power— (a) to administer oaths, a…