A new law is set to change the landlord –tenant affairs. In the wake of brutal evictions over non-payment of rent during the pandemic, Parliament is set to debate a bill that seeks to create a level playing field for real estate stakeholders.
The Landlord and Tenant Bill 2021, which has been amended by the National Assembly Transport, Public Works and Housing Committee, permits landlords to give tenants just one month notice to vacate their premises in case of failure to pay rent.
The original bill, which was sponsored by Leader of Majority in the National Assembly Amos Kimunya, proposed that landlords terminate tenancy in situations where the tenant fails to pay rent in three consecutive months.
This means that, if the proposal by the committee is adopted by Parliament, a landlord will have a right to evict a tenant who fails to pay rent for just one month. However, a landlord will not be allowed to seize a tenant’s property for default in the payment of rent, or for the breach of any other obligation of the tenant without legal process.
Signed records of all rent payments
“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 a higher rent for the premises commits an offence,” the draft law says.
If the Bills sails through, landlords will not be allowed to change the locks, install deadbolts, take off doors, or do anything to stop defaulting tenants from accessing their homes. They will also not be allowed to shut off utilities to force tenants to pay up their dues.
“No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant,” the Bill says.
The draft law further seeks to compel landlords to keep signed records of all rent payments and to share a copy of the record with the tenant. A fine not exceeding one month’s rent will be imposed on any landlord who violates this obligation.
Even where a tenant dies or walks out on the premises while in rent arrears, a landlord will have to apply to a proposed tribunal to dispose of the belongings of the departed tenant. This will only be approved after an inventory of the items is taken by an officer of the tribunal. Excess proceeds from the sale of the tenant’s belongings can be claimed by the next of kin or an administrator of the deceased estate within six months of the auction.
