How much notice a landlord must give to end a shop lease or raise rent
Landlord and Tenant Act · sources read 5 Oct 2026
For a shop, hotel or eatery on a controlled tenancy, the landlord must give a tenancy notice in the prescribed form, at least 2 months ahead and stating the reasons, before ending the tenancy, raising rent or changing terms. You then have one month to say in writing whether you agree; if you don't, you can take it to the Business Premises Rent Tribunal before the notice date.
- Deadline
- The notice cannot take effect sooner than 2 months after you receive it (longer if your lease says so).
- Deadline
- One month from receiving the notice to reply in writing.
- Where
- Business Premises Rent Tribunal, Kenya Re Towers (Ground Floor), Upperhill, Nairobi, or file online on the Judiciary e-filing portal
Steps
- Within one month of getting the notice, tell the landlord in writing whether you agree to it.
- If you don't agree, refer the matter to the Business Premises Rent Tribunal before the date the notice is due to take effect. The notice has no effect until the Tribunal decides.
- File a Reference (Form C) at the Tribunal; you can represent yourself or use an advocate.
Watch out
- You and the landlord can agree in writing to a shorter notice period.
- Reasons the law allows include rent unpaid for two months after it is due, the landlord planning to demolish or rebuild, or the landlord wanting to occupy the premises himself.
- A written lease longer than 5 years is not a controlled tenancy, so these rules do not cover it; the lease terms apply.
- The landlord's notice must be on the prescribed Form A (Landlord's notice to terminate or alter terms of tenancy). A letter or SMS isn't the prescribed form.
- If the landlord says he wants the premises for himself, he must intend to occupy them for at least one year, for his own business or as his home.
- Demolition or rebuilding is only a ground if the landlord couldn't reasonably do the work without taking the premises back.
- Another ground is that the landlord has offered you suitable alternative premises on reasonable terms, taking account of your need to keep your business goodwill.
Who this covers
- Tenants of a shop, hotel or catering business whose lease is not written, or is written for 5 years or less (a controlled tenancy).
- Tenants too: to ask for a rent reassessment or a change of terms, the tenant serves a notice on the landlord in the prescribed form.
Official sources (3)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- Tribunals: Frequently Asked Questions (Business Premises Rent Tribunal) tribunals.judiciary.go.ke · read 2 Oct 2026
- Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations (L.N. 19 of 1966), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026