January is one of the months that a majority of Kenyans often find themselves in constant fights with their landlords over rent payments and associated delays.
Landlords, in return, respond by either locking doors, cutting supply to water, power or even completely ejecting the tenants from their property.
Did you know you can sue your landlord for seemingly simple yet costly actions such as cutting off power or water access to your rented house? If not, this article will guide you on how to take legal action.
In 2021, a tenant in the case of Joseph Njoroge v Peter Karanja (2020) won Ksh200,000 in damages after being evicted without notice, as required under the Landlord and Tenant Act. Initially, the landlord had punished the tenant through water and power disconnection.
The laws of Kenya under the Landlord and Tenant Act, alongside other legal provisions, protect tenants from harassment, including wrongful disconnection of utilities.
Section 12 of the Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act, provides that landlords are obligated to provide uninterrupted services to their tenants unless there is a legal agreement to the contrary.
If a landlord does any form of disconnection without due process, then that can be deemed as harassment, making the landlord liable for legal action.
What to do
If your landlord has cut off your water or power supply for failure to pay rent, you can file a complaint with the Rent Restriction Tribunal or the Environment and Land Court.
However, it is important to note that the Rent Restriction Tribunal handles rent disputes involving rental units with monthly rent not exceeding Ksh2,500. For those with higher rent amounts, tenants are advised to approach the Environment and Land Court.
The court has the mandate to resolve broader landlord-tenant conflicts, including wrongful eviction and utility disconnection.
But you should first issue a demand letter to the landlord, highlighting the illegality of the disconnection and seeking the immediate restoration of services.
Should the landlord fail to comply, then the law provides that you can file a formal complaint with the tribunal. The complaint may include a petition for compensation for the losses incurred due to the disconnection of water and electricity.
Outside Courts and Tribunals
If you find it difficult to follow the legal mechanisms, then alternatively you can contact local water and electricity utility companies to intervene on your behalf.
However, this might be a challenging task especially if it is the landlord who has the immediate legal engagement with the providers.
In summary, the law is however not pegged on a strict amount of money to be awarded, but from our observations, the award may range from between Ksh50,000 to Ksh200,00 depending on the stress that the landlord might cause to you.
