The Landlord and Tenant Bill 2021 (“the Bill”) seeks to consolidate all the laws on residential and commercial tenancies and to ensure regulation of the rental sector in Kenya. It applies to both residential and business premises (with some exceptions) and proposes various provisions including establishment of tribunals, limits on rent increases, termination notices, among others. On rent increases, the Bill provides that rent can only be increased after 12 months for residential premises and 24 months for business premises. The landlord also has to give a 90-day notice for the increase in rent to be valid. On termination notices, the Bill provides that, unless there is a breach of covenant by the tenants or the term of the tenancy has expired, landlords have to give at least 24-month notice of termination for business premises and 12-month notice for residential premises. The Bill was published in February 2021 and is still undergoing review in Parliament.
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