2023

In Kenya, a side agreement also referred to as a side letter or supplemental agreement, is a separate document that is signed by two or more parties to an existing agreement. It contains additional terms and conditions not included in the original agreement and/or seeks to clarify certain provisions of the original agreement.

Leasing of property, whether for residential or commercial use, is a common practice in Kenya. However, situations may arise where a tenant may need to terminate the lease agreement before the expiry of the agreed duration. This could be due to various reasons, such as financial difficulties, changes in personal circumstances, or the need to relocate. Early or premature termination of a lease is not always a straightforward process and it may have legal and financial implications for both the tenant and landlord. In this context, it is essential to understand the legal framework governing lease termination in Kenya and the implications of early or premature terminations for tenants and landlords.

Leasing property (whether residential or commercial) is a common practice in Kenya. However, understanding unregistered and unexecuted leases can be a challenge for both landlords and tenants. In this article, we will explore the types of leases available in Kenya, the registration requirements for leases, and the legal implications of unregistered and unexecuted leases. By the end of this article, you will have a better understanding of what you need to know when dealing with unregistered and unexecuted leases in Kenya.

Leasing property (whether residential or commercial) is a common practice in Kenya. However, understanding unregistered and unexecuted leases can be a challenge for both landlords and tenants.

In Kenya, landlords have the right to perform due diligence on potential tenants to ensure that they are suitable and can meet their rental obligations. This involves requesting tenants for their identification documents and performing background checks on them by inquiring about their credit history, sources of income, employment status and references from former landlords. On the other hand, tenants have the right to privacy which involves them issuing consent before their personal information is accessed or processed by a landlord.

Ardhisasa is a digital platform, launched on 27th April 2021 to help streamline the process of buying and selling land in Kenya. The platform seeks to improve land management in Kenya by resolving the numerous historical land problems experienced by Kenyans by providing a centralized, transparent and efficient system for land ownership, transfer and registration. The platform offers services relating to due diligence; land registration of cautions, leases, charges, replacement of title; land administration processes such as payment of land rents, extension and renewal of lease; physical planning activities such as the acquisition of approvals for development; valuation of property; adjudication and settlement; and land allocation by the National Land Commission.

One of the most frustrating things for any landlord is dealing with tenants who persistently default in paying rent when it becomes due. Non-payment or late payment of rent amounts to a breach of contract and the law grants a landlord the right to claim and recover any rent amount that is in arrears. The law provides the following legal remedies a landlord may pursue to recover unpaid rent

In commercial settings, the terms ‘lease’, ‘license’, and ‘tenancy’ have been interpreted and used interchangeably to mean the same thing. However, each of these terms is different, possess unique features and imposes different rights and obligations on the parties involved. It is important to distinguish the terms to be aware of which agreement to or not to bind yourself into in order to guarantee you full rights and protection in cases of disputes.

A listing agreement is a contract between a seller/property owner and a real estate agent. It allows the agent permission to sell property on behalf of a seller on agreed terms and commission. The Types of Listing Real Estate Agency Agreements: Exclusive Listing Agreements and Non-exclusive Listing Agreements.

Commercial property can be one of the most lucrative investments in real estate as it offers investors the ability to acquire more clients while growing their business interests. However, it is crucial to keep in mind that the dynamics of investing in commercial property differ from that of residential property since its more complex and involves more risk.