Why Landlords Risk Paying Tenants for Disconnecting Water & Power

January often proves challenging for many Kenyans as disputes with landlords over delayed rent payments become common.

In response, landlords may resort to actions such as locking tenants out, cutting off water and electricity, or even forcibly evicting them from their homes.

Did you know you can take legal action against your landlord for actions like disconnecting utilities without proper notice? If you were unaware, this article outlines the steps to help you protect your rights.

In a landmark 2021 case—Joseph Njoroge v Peter Karanja (2020)—a tenant was awarded Ksh200,000 in damages after being evicted without the required notice as stipulated under the Landlord and Tenant Act. Initially, the landlord had disconnected water and electricity as a form of punishment.

Kenyan law, particularly the Landlord and Tenant Act, offers protection against tenant harassment, including wrongful utility disconnections.

Section 12 of the Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act mandates landlords to ensure uninterrupted services unless otherwise agreed in writing.

Any form of disconnection carried out without following due process can be considered harassment, making the landlord legally liable.

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What Steps Can You Take?
If your landlord cuts off water or power due to unpaid rent, you can file a complaint with either the Rent Restriction Tribunal or the Environment and Land Court.

It’s worth noting that the Rent Restriction Tribunal only deals with rental disputes involving units charging Ksh2,500 or less per month. For higher rents, tenants should approach the Environment and Land Court, which handles broader conflicts such as wrongful evictions and utility disconnections.

Before heading to court, issue a demand letter to the landlord, highlighting the illegality of the disconnection and demanding immediate restoration of services.

If the landlord fails to comply, you can formally file a complaint with the tribunal, including a request for compensation to cover losses caused by the disruption.

Alternative Approaches
If pursuing legal action seems difficult, tenants can also reach out to utility providers, such as water and electricity companies, for assistance. However, this may prove challenging if the landlord is the primary account holder with these providers.

Compensation Estimates
While compensation amounts are not fixed, observations suggest that awards typically range between Ksh50,000 and Ksh200,000, depending on the level of distress caused by the landlord’s actions.

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    Why Landlords Risk Paying Tenants for Disconnecting Water & Power

    Why Landlords Risk Paying Tenants for Disconnecting Water & Power