The Landlord And Tenant (Shops, Hotels And Catering Establishments) Act Cap 301 in Kenya

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15 sections

• Section 1 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Short title
  

  This Act may be cited as the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. [Act No. 12 of 1971, s. 2.]

  
  
• Section 2 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Interpretation
  

  (1) For the purposes of this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to commerce; "catering establishment" means any premises on which is carried out the business of supplying food or drink for...

  
  
• Section 3 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Matters relating to controlled tenancies generally
  

  (1) Without prejudice to the power of the parties to a tenancy to adopt any form upon which they may mutually agree, a controlled tenancy may be reduced to writing in the prescribed form. (2) The terms and conditions set forth in the Schedule to this Act shall be implied in every controlled tenancy...

  
  
• Section 4 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Termination of and alteration of terms and conditions in controlled tenancy
  

  (1) Notwithstanding the provisions of any other written law or anything contained in the terms and conditions of a controlled tenancy, no such tenancy shall terminate or be terminated, and no term or condition in, or right or service enjoyed by the tenant of, any such tenancy shall be altered,...

  
  
• Section 5 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Effect on sub-tenancies
  

  (1) Where a landlord is himself a tenant, the termination of the landlord’s tenancy shall not of itself terminate a controlled sub-tenancy, but for the purposes of this Act the person entitled to the interest in reversion expectant on the termination of the landlord’s tenancy shall be deemed to be...

  
  
• Section 6 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Reference to Tribunal
  

  (1) A receiving party who wishes to oppose a tenancy notice, and who has notified the requesting party under section 4(5) of this Act that he does not agree to comply with the tenancy notice, may, before the date upon which such notice is to take effect, refer the matter to a Tribunal, whereupon...

  
  
• Section 7 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Grounds on which landlord may seek to terminate tenancy
  

  (1) Where under section 4 of this Act served a notice of termination of a controlled tenancy on the tenant, the grounds on which the landlord seeks to terminate such tenancy may be such of the following grounds as are stated in the aforesaid notice— (a) where, under the tenancy under which the...

  
  
• Section 9 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Decision of Tribunal and effect thereof
  

  (1) Upon a reference a Tribunal may, after such inquiry as may be required by or under this Act, or as it deems necessary— (a) approve the terms of the tenancy notice concerned, either in its entirety or subject to such amendment or alteration as the Tribunal thinks just having regard to all the...

  
  
• Section 10 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Effect of notice where tenant fails to refer to Tribunal, etc.
  

  Where a landlord has served a notice in accordance with the requirements of section 4 of this Act, on a tenant, and the tenant fails within the appropriate time to notify the landlord of his unwillingness to comply with such notice, or to refer the matter to a Tribunal then subject to section 6 of...

  
  
• Section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Establishment of Tribunals
  

  (1) A Tribunal shall consist of a person or persons appointed as such by the Cabinet Secretary, and shall exercise such jurisdiction as is conferred on it by or under this Act, over such area as shall be specified in such appointment. (2) Persons other than public officers appointed under the...

  
  
• Section 12 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Powers of Tribunals
  

  (1) A Tribunal shall, in relation to its area of jurisdiction have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in addition to and without prejudice to the generality of the foregoing shall have power— (a) to determine whether or not any...

  
  
• Section 13 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Compensation for misrepresentation
  

  Where a Tribunal makes any order in respect of a tenancy under this Act and it is subsequently made to appear to the Tribunal that it was induced to make the order by the misrepresentation or the concealment of material facts by either party, the Tribunal may order the offending party to pay to the...

  
  
• Section 14 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Filing of determination or order in court
  

  (1) A duly certified copy of any determination or order of a Tribunal may be filed in a competent subordinate court of the first class by any party to the proceedings before such Tribunal or by the Tribunal, and on such copy being filed and notice thereof being served on the Tribunal by the party...

  
  
• Section 15 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Appeal to court
  

  (1) Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the Environment and Land Court: Provided that the Environment and Land Court may, where it is satisfied that there is...

  
  
• Section 16 of The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301: Regulations and rules
  

  (1) The Cabinet Secretary may make regulations for the better carrying out of the provisions of this Act and without prejudice to the generality of the foregoing such regulations may prescribe— (a) the manner in which a Tribunal shall conduct its business; (b) the procedure in connexion with any...