Introduction
With the enactment of the Sectional Properties Act of 2020, Kenya (the “SPA”) updated its legal framework to better address the ownership and management of sectional properties, aligning with the constitutional and legal reforms in the land sector. This Act not only simplifies the registration process for sectional properties but also provides a structure for the management and regulation of these properties, including the handling of tenants who violate by-laws or regulations.
Understanding the By-Laws
The by-laws under the SPA are designed to ensure the smooth operation and management of sectional properties. They cover various aspects, including the duties of owners, powers of the corporation, board election, and restrictions on the use of units and common areas. These by-laws are essential for maintaining the quality of life for all residents and the overall integrity of the property.
Steps for Evicting a Tenant
-
Notice of Breach: The first step in addressing a contravention is to issue a formal notice to the tenant, detailing the specific by-laws violated and providing a reasonable period to remedy the breach. This notice serves as a documented first attempt to resolve the issue amicably.
-
Rectification Period: Tenants must be allowed to rectify the breach within a specified timeframe. The duration for correction should be reasonable and clearly communicated to the tenant, allowing them to take corrective actions.
-
Formal Warning and Eviction Notice: If the tenant fails to address the breach, a formal warning followed by an eviction notice may be issued. The eviction notice must adhere to legal requirements, specifying the timeline for the tenant to vacate the premises.
-
Legal Proceedings: Should the tenant refuse to leave, the corporation can initiate legal proceedings to obtain an eviction order from the court. The court will consider evidence of the breach, efforts made by the corporation to resolve the issue, and any defences the tenant might have.
-
Court-Ordered Eviction: A court eviction order is the final step, enforced by legal authorities, to remove the tenant from the property. This measure is taken when all other attempts at resolution have failed.
Legal Considerations
The corporation and property owners must follow the legal procedures meticulously to avoid allegations of wrongful eviction or breaches of tenant rights. The eviction process must be conducted in line with the SPA, the Land Act, and other relevant Kenyan laws.
-
Due Process: Ensuring that the eviction process respects the tenant’s rights and follows the procedural requirements set out in the SPA and the corporation’s by-laws.
-
Documentation: Keeping detailed records of all communications, notices, and actions taken during the eviction process. This documentation is crucial if the matter escalates to legal proceedings.
-
Legal Advice: Consulting with legal professionals experienced in property law is advisable to navigate the complexities of the eviction process and ensure compliance with all legal requirements.
Conclusion
Simply put, if a tenant contravenes the development’s by-laws and the owner of the unit fails to take necessary action, the corporation is entitled to give the tenant notice to vacate the unit and this is without the consent or need to consult the other unit holders. Evicting a tenant for contravening the by-laws or regulations of a sectional property corporation is a process that requires careful consideration, adherence to legal procedures, and respect for the rights of all parties involved. By following the outlined steps and ensuring compliance with the SPA, 2020, and the corporation’s by-laws, property managers and owners can address breaches effectively while minimizing potential legal risks.
Disclaimer:
Please note that the information provided in this article is for general informational purposes only and should not be construed as legal advice. It is always advisable to consult with a qualified legal professional to discuss your specific circumstances and obtain tailored legal counsel.
Add a Comment