Protected tenants in Kenya are tenants who enjoy secure tenancy under the rent restriction act. They are tenants who have resided in the same premises for a period exceeding six months continuously.
Protected tenants also have the right to renew their leases and reasonable notice in case of any changes on the landlord’s side.
As such, being a protected tenant in Kenya is advantageous as it guarantees the security of tenure and fair dealing in tenancy matters.
Understanding Tenancy Laws In Kenya
If you are planning to rent a property in Kenya, it’s crucial to understand the country’s tenancy laws. Here are the key points to keep in mind:
- The main tenancy laws in Kenya are the Landlord and tenant act and the rent restriction act.
- The Landlord and tenant act regulates the relationship between landlords and tenants, while the rent restriction act controls the amount of rent that landlords can charge.
- The tenancy agreement is a crucial document that outlines every aspect of the tenancy, including the monthly rent, length of the lease, and any additional terms and conditions.
Rights Of Tenants Under The Kenyan Constitution
The Kenyan constitution guarantees tenants the following rights:
- The right to privacy and quiet enjoyment of the property.
- The right to a habitable living environment that is free from health hazards.
- The right to be protected from arbitrary eviction. Landlords must follow the legal eviction process if they wish to terminate a tenancy.
- The right to be treated fairly and without discrimination.
Responsibilities Of Landlords Under The Kenyan Constitution
Landlords in Kenya are required to fulfill certain responsibilities to ensure that their tenants’ rights are protected:
- Provide the property in a habitable condition: Landlords must ensure that the property is safe and sanitary and that all essential services are in working order.
- Respect tenants’ privacy: Landlords should not enter the tenant’s premises without their consent, except in cases of an emergency.
- Follow the legal eviction process: If the landlord wishes to terminate a lease, they must follow the correct legal procedure and provide a valid reason for doing so.
- Do not discriminate: Landlords are prohibited from discriminating against tenants based on their gender, race, religion, or nationality.
What Qualifies A Tenant To Be Protected
In Kenya, a protected tenancy refers to a tenant who has legal protection against eviction from their rented premises. The protection is granted to tenants who have lived on the property for a long time, and to those who meet certain criteria.
The Kenyan government enacted the rent restriction act to protect tenants from being evicted without due process.
Types Of Protected Tenancies
There are two types of protected tenancies in Kenya, namely:
Statutorily protected tenancy
This type of tenancy occurs when a tenant has rented a property for a long time, usually for more than five years.
The landlord cannot evict the tenant without a court order, and the rent can only be increased with the approval of the rent tribunal or the courts.
Contractually protected tenancy
A contractually protected tenancy, on the other hand, is where the tenant and landlord have agreed in writing that the tenant will not be evicted without a court order. This agreement usually takes the form of a clause in the tenancy agreement.
Criteria For Qualifying As A Protected Tenant
To qualify as a protected tenant in kenya, the tenant must meet the following criteria:
- The tenant must have occupied the premises as their main home for a continuous period of not less than six months.
- The tenant must have paid rent regularly and not have any unpaid rent or arrears.
- The tenant must not have breached any terms of the tenancy agreement.
Protected tenancies provide legal protection to tenants against arbitrary eviction from their premises.
Tenants who meet the criteria of occupying the premises as their main home for six months, paying rent regularly, and not breaching any terms of the tenancy agreement are eligible for protection.
Therefore, landlords should be aware of these criteria when dealing with tenants to avoid falling foul of the law.
Frequently Asked Questions Of Who Is A Protected Tenant In Kenya?
What Is A Protected Tenant In Kenya?
A protected tenant in Kenya is a tenant who is entitled to certain protections under the rent restriction act.
How Do I Become A Protected Tenant In Kenya?
To become a protected tenant in Kenya, you need to have been in continuous occupation of the premises for at least 5 years.
What Are The Rights Of A Protected Tenant In Kenya?
Protected tenants in Kenya have the right to a fair rental rate and cannot be evicted from their premises without a valid reason.
How Does The Rent Restriction Act Protect Tenants In Kenya?
The rent restriction act in Kenya protects tenants by regulating the amount of rent that can be charged and ensuring proper eviction procedures are followed.
Conclusion
So, if you’ve been renting for decades, maintaining your home with respect, you just might be a protected tenant in Kenya. Cherish this unique legal safeguard! It’s a badge of honor, a testament to your tenure, and a layer of security to your abode.
Reference
https://insights.advocates.ke/controlled-tenancies-under-the-kenyan-law/