A landlord cannot simply end a business tenancy on their own. Where the landlord wants to terminate the tenancy, or termination is disputed, the matter must go through the Business Premises Rent Tribunal. A landlord’s demand that a tenant leave is not, by itself, the end of the tenancy.
What law covers these premises?
The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) covers business tenancies in shops, hotels and catering establishments. For tenancies covered by this law, the landlord cannot bypass the Tribunal by acting alone.
“Termination” simply means bringing the tenancy to an end. The important distinction is between a landlord wanting the arrangement to end and that termination being dealt with through the process the law provides. Those are not the same thing.
Does a notice mean the tenancy has ended?
A notice or another step taken by a landlord outside the Tribunal process does not, by itself, bring the tenancy to an end. The tenant’s occupation continues until termination has been dealt with through the Tribunal.
For example, a shop tenant may receive a message saying that the landlord considers the tenancy finished. That message communicates the landlord’s position. It does not replace the Tribunal process or, on its own, settle a disagreement about termination.
The same distinction matters to landlords. Deciding that a tenancy should end is not a substitute for bringing the matter before the Tribunal. The Tribunal is the forum for disputes arising from the ending of such tenancies.
What practical steps can you take?
- Keep copies of your tenancy agreement and any notices or messages about ending the tenancy.
- Ask for verbal demands to be put in writing so that there is a clear record of what was said.
- Keep a dated record of communications about the proposed termination.
- Speak to an advocate if you are unsure whether your tenancy falls under this law or how to approach the Tribunal.
The key point: a landlord’s decision alone does not replace the Tribunal process for ending a business tenancy covered by this law.
📚 Pioneer International Schools Ltd v Del Monte Kenya Ltd & another [2026] KECA 2500 (KLR)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.