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RENT INCREASE
Elder
#21 Posted : Monday, July 04, 2011 5:09:43 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
Inuendo wrote:
mmunguti wrote:

any lawyer out thgere who can clarify what the law says about increase in rent???



@ mmunguti well am not a lawyer but i think you are at liberty to go to the rent tribunal. wachana na hawa ma bwenyeye who are saying the rent increase is justifiable without offering you legal options....

1. A landlord shall not increase the rent charged to a tenant for a rented premises without giving the tenant at least ninety(90) days written notice of intention to do so. an increase in rent is void if the landlord has not given the notice

2. On the other hand, A landlord may increase rent if the landlord has,
(a) carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase;
(b) provided or undertakes to provide a new or additional service in exchange for the rent increase; or
(c) taken into account inflationary trends in the economy



Yawa! Maybe the two of you really need a lawyer.

@Inuendo you only go to the tribunal and only get its protection if you are a protected tenant. To be a protected tenant on a residential house your rent need to be at most KES 2500 (not sure of the exact amount but around that much).
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
mmunguti
#22 Posted : Monday, July 04, 2011 5:12:51 PM
Rank: New-farer


Joined: 6/23/2011
Posts: 53
jkmaich wrote:
considering for that 1 or 2 month you would have paid electricity bill its fair the question is when kenya power decides to to replace the damn thing will the price go back down


we had a blackout for 3days before the generator was brought. by the time it was being installed, kplc had already repaired the transformer. so far we have used it twice. the first time for about 5hrs. and in that time we were asked not to iron, use instant heater, switch off the fridge. it was for lighting and tv only.
Genghis Khan
#23 Posted : Monday, July 04, 2011 5:40:04 PM
Rank: Member


Joined: 8/5/2010
Posts: 335
Location: Nairobi
mmunguti wrote:
dunkang wrote:
pray that you have a very very good landlord like that. Imagine, stayin in darkness all that long, then the power bills (ama munaishi huruma pale rent and bill ziko pamoja?), the thugs, etc, etc, etc.

Next time, Brother/Sister, MULIKA MWIZI!


when we moved in, Rent was 20k. Security became an issue, a Watchie was hired and we have KK on speed dial for that 500bob ikaongezwa. so rent ikakua 20,500. i have no problem with that coz security is a major issue and the securty is present at all times.
when the generator was brought, we were sent a note to say 500bob imeongezwa kwa rent. so when paying rent, we should pay 21,000. my problem is. we rarely have power blackouts. and when we do its usually for an hour max. i dont understand the 500bob every month.
isn't the landlord using using us to recoup HIS investment? when i move out, i wont go with the generator.
a generator is classified under group IV and depreciates at 12.5% so for it to depreciate completely and become unusable, it will take 8yrs. y cant he spread the cost over that period of time? divide by the number of households?
then bill us every month for the fuel used for that generator in that month?


Strange that you are worried about the 500bob and not the 20k for rent... the landlord is also using that to recoup his investment... All investments by definition are to be recouped at the least... and no, you wont go with the flat eithersmile

Btw what is the cost of that generator? 50k? 100k? A car worth 1m costs approx 100k pm to hire, and you would have to fuel it yourself.

Its a good service you have there...
"I'd rather be lucky than clever... every time!" - ME
"The problem is not what we don't know... it's what we know for sure that just ain't!" - MARK TWAIN
"Space we can recover... time never!" - NAPOLEON BONAPARTE
Inuendo
#24 Posted : Monday, July 04, 2011 6:15:38 PM
Rank: Member


Joined: 4/13/2011
Posts: 151
Elder wrote:
Inuendo wrote:
mmunguti wrote:

any lawyer out thgere who can clarify what the law says about increase in rent???



@ mmunguti well am not a lawyer but i think you are at liberty to go to the rent tribunal. wachana na hawa ma bwenyeye who are saying the rent increase is justifiable without offering you legal options....

1. A landlord shall not increase the rent charged to a tenant for a rented premises without giving the tenant at least ninety(90) days written notice of intention to do so. an increase in rent is void if the landlord has not given the notice

2. On the other hand, A landlord may increase rent if the landlord has,
(a) carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase;
(b) provided or undertakes to provide a new or additional service in exchange for the rent increase; or
(c) taken into account inflationary trends in the economy



Yawa! Maybe the two of you really need a lawyer.

@Inuendo you only go to the tribunal and only get its protection if you are a protected tenant. To be a protected tenant on a residential house your rent need to be at most KES 2500 (not sure of the exact amount but around that much).


The rent tribunal notwithstanding, the law is clear that a landlord SHOULD NOT increase rent without 90 days WRITTEN notice.

With regard to the tribunal, it is being reviewed...........http://www.housing.go.ke/index.php?option=com_content&view=article&id=19&Itemid=13

Common sense is the most evenly distributed quantity in the world. Everyone thinks he has enough.
Elder
#25 Posted : Monday, July 04, 2011 6:24:34 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
@inuendo which law is that? Would honestly like to know of that coz as far as I know a landlord can raise his rent whenever he feels like as long as he gives reasonable notice. In the absence of an agreement or Statutory provision to the contrary one month notice is generally taken to be reasonable.

A link or just the name of the Act of Parliament you are basing your position on would be necessary to make me believe otherwise.

@mmunguti legally the only way you can challenge the increment is if the notice was not reasonable. And be careful coz unless you have a REGISTERED lease if you are being `difficult` the landlord can merely terminate your tenancy by giving you a month notice and getting a new tenant at most likely a higher rent.

And if your tenancy agreement, registered or not, had expired and you never renewed it by signing another one then he can terminate your tenancy by giving you only 15 days notice - in such a scenario only agricultural land tenancies require at least 6 months notice.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
Sakangu
#26 Posted : Thursday, July 07, 2011 2:59:36 PM
Rank: New-farer


Joined: 12/1/2010
Posts: 36
Location: Nairobi
mmunguti wrote:
jkmaich wrote:
considering for that 1 or 2 month you would have paid electricity bill its fair the question is when kenya power decides to to replace the damn thing will the price go back down


we had a blackout for 3days before the generator was brought. by the time it was being installed, kplc had already repaired the transformer. so far we have used it twice. the first time for about 5hrs. and in that time we were asked not to iron, use instant heater, switch off the fridge. it was for lighting and tv only.



I wish I had a landlord like yours,

With a generator that is providing lighting and tv; that is sufficient when there is a blackout, If he was to provide a generator or electricity backup system to allow you to use iron, heater, fridge then your will be required to paymore than the 500 you are now paying; say 2000 because these system are expensive. So stop complaining when you have something good going on, while you still have an option to shift.



With all the above said, left right and center, bottom line solution to this; Get your own house

KNM
#27 Posted : Thursday, July 07, 2011 4:48:25 PM
Rank: Member


Joined: 10/28/2008
Posts: 41
The landlord is running a business i.e. provision of goods and/or services for a profit.

He invested in housing and charged rent to recoup the investment but when he added on to the investment(the generator) he had to increase rent accordingly

So yes he is using u to recoup HIS investment ocz its business NOT charity.Laughing out loudly Laughing out loudly

500 * 20 households * 96 months(8 years)=960,000. Cost of generator + fuel + maintenance. Sounds lyk a gud deal to me.Drool Drool

Finally, its willing buyer willing seller....nt happy with it then you are free to leave. From the replies posted here doesn't sound lyk the unit will remain unoccupied for long...
The crowd will cheer your coronation as well as your beheading. People like a show, that's all.
Lolest!
#28 Posted : Thursday, July 07, 2011 8:33:14 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Munguti, read your tenancy agreement. What does it say about alteration of rent? If you have no written agreement, its your word against his. Go slow on the landlord, he may choose to fail to renew the lease if you act kichwa ngumu.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
lovely2010
#29 Posted : Thursday, July 07, 2011 9:41:50 PM
Rank: Member


Joined: 10/25/2010
Posts: 519
Location: nairobi
Mulimuitisha generator? Yatafakari....
Barrywhite
#30 Posted : Friday, July 08, 2011 9:32:09 AM
Rank: Member


Joined: 12/2/2009
Posts: 286
Location: Nairobi
This is one very gooooooooooood landlord. 500/- per month for lighting a month in the absence of power? Boss, relax and enjoy the lighting; or better still move out. You wont find too many landlords like that, anywhere.
The laudable is more often than not rendered laughable by overclaim
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