Notice to Repair — Landlord to Tenant (Kenya)

A Notice to Repair — Landlord to Tenant in Kenya gives formal notice of the sender's position or demand and the action required of the recipient.

The allocation of repairing obligations between landlord and tenant under Kenyan law depends principally on the express terms of the lease agreement. Kenyan commercial leases typically assign structural and external repairs to the landlord and internal, decorative, and tenant's fixture repairs to the tenant. Where the lease agreement contains a tenant's covenant to keep the premises in good repair, to yield up the premises in repair at the end of the tenancy, or to redecorate at specified intervals, a breach of those covenants entitles the landlord to serve a Notice to Repair.

For residential tenancies, the common law implied covenant of non-derogation from grant requires a landlord not to render the premises unfit for the purpose for which they were let. The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301 applies specifically to commercial premises and does not directly impose repairing obligations — those obligations derive from the lease. However, Cap. 301 is relevant to the landlord's remedies when a tenant in breach of a repairing covenant refuses to remedy the disrepair.

A landlord's Notice to Repair serves two practical purposes under Kenyan landlord-and-tenant law. First, it places the tenant on formal notice of the specific breach, which is a precondition to most enforcement remedies — without prior written notice, a court may be reluctant to grant an injunction or possession order on the ground of breach of a repairing covenant. Second, where the lease contains a forfeiture clause — as most Kenyan commercial leases do — the notice triggers the tenant's right to remedy the breach within the stated period before the landlord exercises the right of re-entry under the lease.

The Environment and Land Court (ELC), established under Article 162(2)(b) of the Constitution of Kenya 2010 and the Environment and Land Court Act No. 19 of 2011, has jurisdiction over landlord-and-tenant disputes concerning land and property. The ELC may grant injunctions compelling a tenant to carry out repairs, award damages for the cost of repairs the landlord has been compelled to carry out in the tenant's default, and in appropriate cases make a possession order. The Magistrates Court of Kenya has concurrent jurisdiction over lower-value tenancy disputes under the Civil Procedure Act Cap. 21.

Where the landlord intends to claim the cost of repairs carried out by the landlord following a tenant's default, the claim is quantified by reference to the actual cost of repairs and may include professional fees for quantity surveyors registered with the Board of Registration of Architects and Quantity Surveyors (BORAQS) under the Architects and Quantity Surveyors Act Cap. 525. The landlord must mitigate their loss and cannot recover costs that are excessive or unreasonable.

For commercial tenancies under Cap. 301, a landlord who intends to forfeit the lease on grounds of breach of a repairing covenant must first serve a notice under Section 14(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301 specifying the breach, requiring it to be remedied within a reasonable time, and requiring compensation in money. This statutory notice requirement protects tenants of controlled premises from summary forfeiture.

A Notice to Repair from a landlord to a tenant in Kenya is required whenever the landlord identifies a breach of the tenant's repairing obligations under the lease and wishes to enforce those obligations through a documented formal demand.

The notice is needed when a tenant has failed to maintain the interior of the premises in good and tenantable repair as required by the lease. Common examples include damage to internal walls, ceilings, plumbing fixtures, electrical installations, flooring, and doors attributable to the tenant's failure to carry out routine maintenance or the tenant's deliberate or negligent acts.

A Notice to Repair is required when a tenant has caused structural damage — broken windows, damaged roof sections accessible to the tenant, removed or altered partitions without consent — that the lease assigns to the tenant's responsibility to restore. Where the lease contains a schedule of condition, the landlord compares the current state with the schedule to establish the extent of disrepair.

The notice is needed before the expiry or termination of the tenancy where the landlord intends to rely on a yield-up covenant. Most Kenyan commercial leases require the tenant to yield up the premises at the end of the tenancy in the state of repair required by the repairing covenant. Where the tenant is approaching the end of the lease term and the premises are in disrepair, a schedule of dilapidations (a detailed list of repair items) served as or with the Notice to Repair gives the tenant the opportunity to remedy deficiencies before the lease ends.

A Notice to Repair is required before the landlord carries out repairs at the tenant's expense under a Scots clause or a landlord's right to repair clause in the lease. Such clauses typically allow the landlord to enter, carry out the repairs themselves if the tenant fails to do so within the notice period, and then recover the cost from the tenant as a debt. Without the prior Notice to Repair, the landlord cannot invoke this self-help remedy.

The notice is also needed when the tenant's disrepair is causing damage to adjacent premises or to the structure of the building, and the landlord needs to stop the damage escalating. In such urgent cases, the notice period may be short — 7 to 14 days — reflecting the urgency of the situation, and the landlord should reserve the right to carry out emergency repairs if the tenant fails to act within that period.

Under the Land Act No. 6 of 2012, the National Land Commission (NLC) manages public land in Kenya. Section 56 of the Land Registration Act No. 3 of 2012 governs land transfers. The Environment and Land Court (ELC) has exclusive jurisdiction under Article 162(2)(b) of the Constitution of Kenya 2010. The Land Control Act (Cap. 302) requires Land Control Board consent for agricultural land transactions. The Stamp Duty Act (Cap. 480) imposes duty on property transfers at rates of 2% (rural) and 4% (urban).

A Notice to Repair from a landlord to a tenant in Kenya under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301 and the applicable lease must include the following key elements to be legally effective.

Parties and Premises: Full legal names of the landlord (or the landlord's Advocate acting under a Power of Attorney under the Powers of Attorney Act Cap. 53) and the tenant, together with the full description of the demised premises — street address, Land Reference (LR) number or Plot number, and floor or unit identifier — as described in the lease agreement.

Lease Reference: The date of the lease agreement under which the tenant occupies the premises, the commencement date and expiry date of the lease term, and the specific repairing covenant being invoked. The notice should quote the relevant clause of the lease verbatim to avoid any dispute about which obligation is being enforced.

Description of Disrepair: A specific and detailed description of the disrepair or want of repair for which the tenant is responsible. Vague descriptions — "the premises are in poor condition" — are insufficient. The description should identify each item of disrepair separately, with its location within the premises (e.g. "cracked plaster on the north internal wall of the ground floor showroom", "broken ceramic floor tiles in the staff restroom"). Where a professional schedule of dilapidations has been prepared by a quantity surveyor registered with BORAQS, it may be attached as a schedule to the notice.

Repairing Standard Required: A statement of the standard to which the repairs must be carried out — typically "good and tenantable repair" or "the standard set out in the lease agreement" — so that the tenant knows what is expected.

Remediation Period: A reasonable period within which the tenant must complete the repairs, calculated from the date of service of the notice. For minor repairs, 14 to 30 days is standard; for more extensive works, 30 to 60 days may be appropriate. For commercial tenancies governed by Cap. 301, the notice period must be reasonable in all the circumstances.

Consequences of Non-Compliance: A clear statement of what the landlord will do if the tenant fails to carry out the repairs within the stated period — which may include: carrying out the repairs at the tenant's expense under the landlord's right-to-repair clause; commencing forfeiture proceedings under the lease; or applying to the Environment and Land Court (ELC) or the Magistrates Court for an injunction or damages.

Right of Access: Where the landlord will need to inspect the premises to verify completion of repairs, the notice should include a statement of the landlord's right to enter the premises on reasonable notice under the lease's access clause.

Landlord's Signature: Signed by the landlord or the landlord's duly authorised Advocate or agent, with the date of signature in DD/MM/YYYY format.

Service Method: Served by a method that creates a verifiable record — personal delivery with acknowledgement, registered post, or service through an Advocate — retaining proof of service for any subsequent Tribunal or court proceedings.

Forms-legal.com provides this Kenya landlord-to-tenant Notice to Repair template as a starting point. Landlords dealing with complex commercial dilapidations disputes under Cap. 301 are advised to instruct a qualified Advocate and a registered quantity surveyor to prepare and serve a formal schedule of dilapidations. Under Kenya law, Section 24 of the Land Registration Act 2012 (No. 3 of 2012) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

Under the Land Act No. 6 of 2012, the National Land Commission (NLC) manages public land in Kenya. Section 56 of the Land Registration Act No. 3 of 2012 governs land transfers. The Environment and Land Court (ELC) has exclusive jurisdiction under Article 162(2)(b) of the Constitution of Kenya 2010. The Land Control Act (Cap. 302) requires Land Control Board consent for agricultural land transactions. The Stamp Duty Act (Cap. 480) imposes duty on property transfers at rates of 2% (rural) and 4% (urban).