However, Dr Mwimali notes that there are two instances in which the landlord can increase rent as stipulated in Section 11 of the Act: “When the land rates payable have increased since the premises were let to the tenant, by the amount of that increase or the premises were let to the tenant, by the amount of the rates.”
But even in such cases, the landlord must inform the tenant in writing of his or her intention to do so, and also present a copy to the tribunal. This means, that the landlord can only increase the rent by the amount of the rates increased and this is generally a small amount that cannot have substantial effect on the rent.
Ms Nyaga’s advice to tenants? “Negotiate everything upfront since leases are, first and foremost, contracts. Familiarise yourself with Article 66 of the New Land Act (a tenant is obligated to pay the rent reserved by the lease at the times and in the manner specified in the lease).”
