KENYA Law and Practice Contributed by: Anne Kinyanjui and Loice Erambo, DLA Piper Africa, Kenya (IKM)
65 and 66 of the LA impose some covenants on landlords and tenants, including: • the tenant’s right to peaceful and quiet pos - session and enjoyment of the leased prem - ises; • the tenant’s obligation to pay rent; • the landlord’s obligation to pay statutory charges; and • the landlord’s responsibility to ensure the leased dwelling premises are fit for human habitation. The LTA further regulates the revision of rent of the following controlled tenancies: • commercial leases that are not in writing; • written commercial leases of a period below five years or which contain termination provi - sions other than for breach of covenant within five years of commencement of the lease; or • leases over business premises gazetted as controlled tenancies. 6.4 Typical Terms of a Lease The terms of a lease are contractual, except for the implied covenants under Sections 65 and 66 of the LA (see 6.3 Regulation of Rents or Lease Terms ). Length of Lease Term The law does not prescribe the term of a lease, which is contractually agreed by the parties. For commercial leases, the term is typically above five years to avoid creating a controlled tenancy under the LTA. Furthermore, where the term of the lease is not specified and no provision is made for the giv - ing of notice to terminate a tenancy, the lease is deemed to be a periodic lease pursuant to Sec -
tion 57 (1) (a) of the LA. In this case, the term of the periodic lease will be the period by reference to which rent is paid. Finally, where the lease is terminated or the term lapses and the landlord accepts rent and allows the tenant to occupy the premises for at least two subsequent months, a periodic lease from month to month is deemed to have come into force, pursuant to Section 60 (2) of the LA. Maintenance and Repair Provisions Sections 65 (1) (c) and (d) of the LA impose an obligation on landlords to keep the exterior parts of leased premises in a proper state of repair, and to ensure dwelling houses are fit for human habitation. Sections 66 (1) (c) and (e) of the LA impose an obligation on tenants to keep the interior parts of leased premises and boundary marks of land in a reasonable state of repair. Tenants are also required to yield up the leased premises in the same condition they were in when the term of the lease began (subject to fair wear and tear). The parties can agree to further terms. Frequency of Rent Payments The law does not regulate the frequency of rent payments, which is contractually agreed by the parties. COVID-19 Pandemic Provisions See 6.21 Forced Eviction. 6.5 Rent Variation The law does not regulate rent variation, except in the case of commercial leases governed by the LTA, which sets out elaborate notice require - ments and allows the tenant to challenge the
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