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Property & Landlord

Notice to Vacate -- Controlled Residential (Cap. 296)

A Notice to Vacate for controlled residential premises under the Rent Restriction Act (Cap. 296). Sets out the statutory grounds and procedures for recovering possession.

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What this document covers

Landlord and tenant details
Property address
Statutory grounds for possession under Cap. 296
Required notice period
Date by which tenant must vacate
Reference to Rent Restriction Tribunal process
Governing law (Rent Restriction Act Cap. 296)

Frequently Asked Questions

What are the legal grounds to evict a tenant under Cap. 296 in Kenya?
Under the Rent Restriction Act (Cap. 296), a landlord can apply to the Rent Tribunal for possession on grounds including: non-payment of rent, breach of tenancy terms, the landlord requiring the property for their own use or that of a close family member, the property being required for demolition, or the tenant having sublet without consent.
Can a landlord evict a controlled tenant without a Rent Tribunal order?
No. For controlled premises under Cap. 296, a landlord must obtain an order from the Rent Restriction Tribunal. Evicting a tenant without such an order, regardless of the reason, is unlawful and the landlord can face criminal liability.
What is a 'controlled' residential premises under Kenyan law?
Controlled premises are residential dwellings within the jurisdiction of a Rent Restriction Tribunal (primarily Nairobi, Mombasa, Nakuru, and other gazetted areas) with a rateable value below the prescribed ceiling. Premises above the threshold are uncontrolled and governed by the Law of Contract Act.