(b) the underwriter acquires the asset or the right to hold and use the asset under a lease agreement and the supplier is aware of it; and Section 535 of the Act states that, unless the tenancy agreement has not been registered, no person has the right to enforce the agreement against the tenant, impose a tenant`s contract or impose a guaranteed contract with respect to the contracts, and the landlord has no right to obtain the right to recover the goods from the tenant. A guarantee granted by the tenant for the money to be paid under the agreement or a deposit for the funds to be paid under the contract or a deposit for funds without money payable as part of the guarantee related to the agreement is enforceable against the tenant or guarantor. There are landlords who ask for the full rent to be paid for the duration of the lease/tenant, even if that rent/rent has already been terminated. In chiMANLAL MEGHJI NAYA SHAH – ANOTHER v OXFORD UNIVERSITY PRESS (EA) LIMITED [2007] eKLR, the High Court of Kenya ruled that it was unacceptable for a landlord to charge the full rent for the remaining portion of the rental/rental period if that rent/rental was terminated. The landlord reserves the right to offer the same premises to another tenant for occupancy. The aircraft charter contract is similar to an aircraft charter contract In this agreement, the owner is again the operator, but the taker is not involved in the operation of the aircraft. The lessor only finds that the passenger and/or cargo capacity of the aircraft are made available for the agreed flight or service. It is a simple financing lease, the owner remains the “owner” in a capacity that is almost minimal; it provides and benefits from the capital, but under the terms of the lease, it does not expose itself to the liability of the commercial risks of being the operator of the aircraft.23 Below are some of the most important factors you should consider when negotiating the terms of your lease. On the other hand, a landlord can terminate and take possession of a rental agreement, which leads to the eviction of the tenant. To dislodge the tenant, the landlord must apply to a court for an eviction order. The lessor may also claim interest or sue for rent arrears and damages or “rental difficulties” (the latter allows the landlord to seize and sell personal property in rented premises in exchange for payment of the rent arrears). What recourse do tenants and landlords have for breach of rental conditions? Is there a usual procedure for evicting a failing tenant and can a tenant seek damages from a landlord? Do the general rules of the contract or special real estate apply? Are remedial measures different for landlords when it comes to commercial and residential rents? Kenya`s Hire Purchase Act 24 is based on the English statute of 1964.25 That English law lifted and re-evaluated the Hire Purchase Act in 1938, 1954 and 1964. It applies to all agreements for which the rental purchase price does not exceed $2000, unless the tenant or buyer is an organization.
The act came into force in 1965.