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{
    "id": 1164152,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1164152/?format=api",
    "text_counter": 79,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "residential premises, and twenty-four months, in the case of business premises has lapsed since, the date- (a) of the last rent increase for that tenant in the rental premises, if there has been a previous increase. There is limitation of period within which a landlord can increase rent. If it is residential, he or she cannot increase rent within the first 12 months since tenant has leased the property. If it is business premises, there must be guarantee of two years of payment of that rent. Thereafter, you now give two months’ notice and three months’ notice respectively. However, in the first 12 months, there must be guarantee of what a tenant can pay. Madam Temporary Speaker, let me just give a story here. Of course, this is the law but sometimes, it can be varied by the parties themselves. In the case of Central London Property Trust Ltd vs High Trees House Ltd, a 1945, High Court Case in London which was before Lord Denning, there was a crisis in United Kingdom (UK) at that point in time because of the Second World War and people were unable to pay rent. Therefore, the landlord gave an undertaking to the tenant and told them not to leave the premises and that they can stay and not pay the rent until the economy improves because of the effects of the Second World War. It was not written; it was just an undertaking and there was not consideration on the part of the tenant. In law for a contract to become viable, there must be an offer, acceptance and something called consideration, which may be monetary in nature. The landlord had given this undertaking that he is not going to ask for the rent. After the period, the owner of the property went back to the tenants and told since the economy has improved, they pay for the period that they had lived in the premises and never paid anything. The case proceeded and when it went before Lord Denning, he came up with a principle called the promissory estoppel which says that if a person gives a promise to another, even though there is no consideration, and they rely on that promise and change their situation because of that, in this case, continue living in the premises, no considerations is given then, the law says it is now an established common law principle that you are estopped from going back to your word because you have relied on that promise. That is how the promissory estoppel principle was established. I was just digressing to say, issues of tenancy and landlord and the promises that they give each other, goes way to the beginning of 18th Century and has been developed to have a time. Now it is being concretized in law so that the tenants and landlords cannot depend on common law principles but must go by the statutory provisions that we have given here. If you look at the law here, it is very detailed because the landlords and tenants relationship has been there for over 300 years in the world and a lot of experience has been gained over time. That is why you see notice is very important. What is the notice entailing and what rent provisions are being waived and presented? It must be in writing. It cannot be a promise like the case of High Tress where the promise was verbal. The law provides for grounds on which a landlord may seek to terminate the tenancy and there are many grounds here. Where under Section 25 a landlord has served a notice of termination of a tenancy on the tenant, the grounds on which the landlord seeks to terminate such tenancy may be as are stated in the notice. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}