Many times tenants bear the brunt of rogue and ruthless auctioneers who come after the properties of individuals in a not-so-humane way.
The law has placed a few safeguards in respect to situations where a landlord in a residential unit intends to evict his tenant.
The procedure to be followed majorly depends on how parties agreed in the first place.
There is, however, a bare minimum, you cannot rightfully evict anyone without a Court order/warrant.
A court warrant in auctioneering is an act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it on a Public Auction through competitive bidding and use the proceeds to pay the judgment.
Speaking at Spice FM's morning show The Situation Room, the Chairperson Auctioneers Licensing Board Peter Gesora breaks down the regulations in the sector.
He stated that both the tenant and auctioneers have rights, however, they must all subject themselves to the law as stipulated.
"In a situation where the tenant absconds or is unable to pay rent, the landlord will issue the auctioneer instructions to carry out distress for rent. Upon receipt, the auctioneer will register the complaint and move to the location where they will give notice," he revealed.
He however cautioned that when the tenant absconds to commit to the set terms his/her properties would be itemized and seized.
"Failure to honour the orders, the auctioneer will proceed to issue a proclamation notice where properties will be itemized and proclaimed. When the tenant is hostile to such a move, the auctioneer is allowed to seek redress from the courts," he disclosed.
Gesora however stipulated that landlords have no right to evict tenants as they dim.
A landlord does not have the right to evict a tenant in any way he deems fit and the law detailed what was to happen in such a scenario.
"The law lays out a procedure for evicting tenants from properties. First, a landlord must give you a notice of termination. The notice must be in a prescribed form and must state the date on which the tenancy will end,"
According to Gesare, the tenant must ensure that the notice is signed, and identify the premises you live or for which the notice is given.
"If you receive the notice, it must also set out the details and reasons for terminating the tenancy,
After getting a notice, you must vacate the premises. If you do not vacate by the end of the date stated, the landlord may apply to a tribunal for an order to terminate the tenancy and evict you," he advised.
Additionally, he highlighted the malpractices in the sector.
"There have been instances where landlords increase rent for tenants who refuse to vacate their premises. That is unlawful," he affirmed.
"The law stipulates that a property owner cannot waive a notice of termination, create a new tenancy, or reinstate a tenancy by notice of rent increase. Both parties must agree to it," he highlighted.
He further informed that it was only a tribunal that could evict a tenant.
"Generally, it is only a Landlord and Tenant Tribunal that can legally evict you from a house. Even before the order comes out, the tribunal must determine that the reasons stated are accurate and justifiable," he advised.
On regulations in the sector, Gesare moved to inform the public that auctioneers are guided by the law to have licences.
“For a person to perform the duties of an Auctioneer, he must hold a valid Auctioneers Licence issued by the Kenya Auctioneers Licensing Board pursuant to the provisions of the Auctioneers Act No. 5 of 1996,” he disclosed.
He also demystified the categories in the sector stating that Auctioneers are clustered into Class ‘A’ and Class ‘B’ and vary in terms of responsibility and action.
“A class “A” licence shall be a general auctioneering licence limited to specific districts while a class “B” licence shall be a general auctioneering licence which shall enable the holder to realize charged securities, repossess and sell any property throughout Kenya, execute court orders, and to levy distress within specific districts,” he informed.
Gesare further stated that members of the public should ensure before engaging with auctioneers, they should establish their location of operation.
Also establishing if they had valid licences and certificates to practise. Kenyans were advised to visit the licencing board's social pages for further clarification.
