alexa LEGAL AID: How do I sort problems with my landlord? - Daily Nation

LEGAL AID: How do I sort problems with my landlord?

Friday August 30 2019

I have been having issues with my landlords for several years. PHOTO | FILE

I have been having issues with my landlords for several years. PHOTO | FILE 

ERIC MUKOYA
By ERIC MUKOYA
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Hello,

I have been having issues with my landlords for several years. I have gone for legal assistance in various places including the community alliance of tenants and the State Bar Association to no avail. To make things worse, I have been going to HUD for more than three years without any success. It took them years to speak to me and even then, they caused unbelievable damage resulting in my whole case being botched.

I have gone to the bureau of labour and industry, but they can only help with the past year and not the half a decade my son and I have been suffering. I am unsure how to take HUD to court for the damage they have caused and the case they have lost. It is not my fault that I lost the cases.

Warmly,

Robin Hankins

 

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Dear Robin,

Thank you for your question.

Your question relates to landlord-tenant relationship, and I purpose to answer the same on the assumption that you are currently in Kenya.

It is evident from your question that none of the avenues pursued to address your issues have borne fruit. Your situation calls for empathy.

Since you have not indicated the specific issues, allow me to answer generally by highlighting the avenues to explore in landlord tenant disputes.

In Kenya, such disputes are governed by the Rent Restriction Act and the Landlord and Tenant (Shops, Hotel and Catering Establishment) Act.

The former offers arbitration services and prevents landlords from exploiting tenants, while the latter relates specifically to controlled tenancies – shops, hotels or catering establishments.

Where tribunals (business rent tribunal and or rent restriction tribunal) have not borne the desired results, you may approach the court High Court and file an appeal against the decision of the tribunal.

Most important, a contract between a landlord and tenant ensures both parties are protected within the law.

***

Eric Mukoya is the Executive Director, Legal Resources Foundation Trust. Do you have a legal problem you would like addressed by a lawyer? Please email your queries to [email protected]  

 

 

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