Rent Restriction Regulations (Cap. 296)

CAP. 296 Rent Restriction 30 [Rev. 2010 [Subsidiary] Regulations under section 36 THE RENT RESTRICTION REGULATIONS 1. These Regulations may be cited as the Rent Restriction Regulations. 2. In these Regulations “chairman” means the chairman of the tribunal; “register” means the register to be maintained under regulation 3 3. A register shall be maintained by an officer appointed for the purpose in respect of (a) applications for the assessment of standard rent under the Act, showing (i) date of application; (ii) serial number; (iii) name of landlord; (iv) name of tenant; (v) location of premises; (vi) date of assessment; (vii) amount of assessment; (b) all other proceedings under the Act, showing (i) date of instituting proceedings; (ii) serial number; (iii) name of plaintiff; (iv) name of defendant; (v) location of premises; (vi) nature of proceedings; (vii) date of hearing; (viii) determination or order. 4. (1) Applications to the tribunal shall be made in such manner and form as the tribunal may decide. (2) An application to the tribunal shall be signed by the applicant or his advocate. 5. The fees specified in the Schedule to these Regulations shall be payable in respect of the matters therein specified. 6. Notice of the hearing of any matter before the tribunal except as provided in section 25 of the Act, shall be served on the parties or their advocates, and the date fixed for hearing shall not be earlier than ten days from the date L.N. 347/1966, L.N. 148/1967. Citation. Interpretation. Register. Applications. Fees. Notice of hearing. Rent Restriction CAP. 296 31Rev. 2010] [Subsidiary] of service of the notice of hearing. 7. At any hearing before the tribunal, a party may appear in person or by an advocate. 8. Proceedings of the tribunal shall be open to the public. 9. A member of the tribunal shall not participate in a decision of the tribunal unless he has been present throughout the whole of the hearing. 10. The chairman shall record in writing the following particulars on the record of each case (a) date of hearing; (b) composition of the tribunal; (c) names of the parties present or their advocates; (d) a record of the evidence; (e) the determination or order of the tribunal. 11. The procedure to be followed by the tribunal shall, except as herein provided, be that prescribed under the Civil Procedure Act, so far as is practicable. 12. Where a landlord unreasonably refuses to accept payment of rent tendered by his tenant, and the tenant has made all reasonable efforts to induce the landlord to accept payment, the tenant may deposit the rent with the tribunal. 13. A record of deposits of rent made by a tenant shall be maintained in a deposits ledger, in which shall be recorded the date of deposit, the name of the tenant, the location of the premises, the receipt number and the amount deposited. 14. A receipt shall be issued in respect of any deposit of rent made by a tenant, showing on the reverse the name and the address of the landlord to whom the rent is payable. 15. The tenant shall inform the landlord that he has deposited the rent with the tribunal, and also of the amount of the deposit. 16. The landlord may apply in writing to the tribunal for the rent deposited in his name to be paid out to him. 17. The tribunal shall retain a fee of five per cent of all rents deposited, but the landlord shall nevertheless be deemed for all purposes to have been paid in full. Appearance at hearing. Procedings to be in public. Decision of Tribunal. Matters to be recorded on decision. Procedure. Cap. 21. Deposit of rent. Record of deposits. Receipt for deposit. Landlord to be informed of deposit. Payment out of deposit. Commission. CAP. 296 Rent Restriction 32 [Rev. 2010 [Subsidiary] SHEDULE OF FEES (r. 5) 1. For filing an application under Order XXV of the Civil Procedure Rules Sh. 200.00 2. For filing all other applications Sh. 100.00 3. On instituting proceedings for arrears of rent, where the sum involved is (i) less than Sh. 2,000.00 Sh. 225.00 (ii) more than Sh. 2,000.00 but less than sh. 5,000.00 Sh. 370.00 (iii) over Sh. 5,000.00 Sh. 400.00 (iv) on filing a plaint where no rent is claimed but an order for possession only is claimed 5 per cent of the yearly rental value. 4. On filing Bill of Costs Sh. 100.00 Issue of notice of taxation Sh. 40.00 Usual service fees 5. On filing an application (non-pecuniary matter) under Order XXXIX of the Civil Procedure Rules Sh. 300.00 Order thereon 6. Issue of Rent Control Certificate Sh. 100.00 7. For inspecting or viewing premises at the request of a party (a) within 5km. Sh. 200.00 (b) over 5km. Sh. 20.00 per km. SCHEDULE OF FEES 1. On filing an affidavit Sh. 40. 2. On filing of valuation report 1 per cent of the annual 3. On request for adjournment Sh.100. 4. On filing of defence Sh. 40. Rules under section 37 L.N. 438/1988, L.N. 223/1994. L.N. 24/1992.