KENYA LAW OF LANDLORDS & TENANTS.
1.0 INTRODUCTION
Landlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law and contract law.
Modern landlord‐tenant law includes a number of other rights and duties held by both landlords and tenants.
The relationship of landlord and tenant arises where one person, who possesses either a freehold or leasehold property interest expressly or impliedly grants to another, an estate in that property which is less than the freehold interest or for a shorter duration than the leasehold interest of the grantor, as the case may be. The relationship of landlord and tenant may arise in various different ways between the original parties. Although the relationship of landlord and tenant generally arises by express grant and estoppel it is possible for it to arise by: 1.1 Implication; For instance, by a person occupying the land with the landlord's consent or by entry and payment and acceptance of rent, or by a tenant remaining after his term has ended and paying rent which is accepted. 1.2 A contract to grant: It is also possible for the relation to arise where there is merely a contract to grant and take a lease and the tenant enters before the lease is granted.
1.3 Attornment: This is a useful device for ensuring that tying covenants run with the land in question ‐ as with a mortgage where the borrower attires himself tenant of the mortgagee. The relationship of landlord and tenant may continue despite the wish of one of the parties to terminate it. For example, on expiry of a fixed‐ term or periodic tenancy of a dwelling house protected by the Rent Act 1977, a statutory tenancy
1 | P a g e
automatically arises. The landlord has no choice but to accept this state of affairs.' Finally, on the occasion of any assignment of a lease the relationship of landlord and tenant arises under
Landlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law and contract law.
Modern landlord‐tenant law includes a number of other rights and duties held by both landlords and tenants.
The relationship of landlord and tenant arises where one person, who possesses either a freehold or leasehold property interest expressly or impliedly grants to another, an estate in that property which is less than the freehold interest or for a shorter duration than the leasehold interest of the grantor, as the case may be. The relationship of landlord and tenant may arise in various different ways between the original parties. Although the relationship of landlord and tenant generally arises by express grant and estoppel it is possible for it to arise by: 1.1 Implication; For instance, by a person occupying the land with the landlord's consent or by entry and payment and acceptance of rent, or by a tenant remaining after his term has ended and paying rent which is accepted. 1.2 A contract to grant: It is also possible for the relation to arise where there is merely a contract to grant and take a lease and the tenant enters before the lease is granted.
1.3 Attornment: This is a useful device for ensuring that tying covenants run with the land in question ‐ as with a mortgage where the borrower attires himself tenant of the mortgagee. The relationship of landlord and tenant may continue despite the wish of one of the parties to terminate it. For example, on expiry of a fixed‐ term or periodic tenancy of a dwelling house protected by the Rent Act 1977, a statutory tenancy
1 | P a g e
automatically arises. The landlord has no choice but to accept this state of affairs.' Finally, on the occasion of any assignment of a lease the relationship of landlord and tenant arises under