What is the Business Premises Rent Tribunal in Kenya?
The Business Premises Rent Tribunal is the specialist tribunal for disputes under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301. It deals with controlled commercial tenancies rather than ordinary residential tenancies.
Typical disputes concern termination or alteration of tenancy terms, rent assessment, possession, service charges, arrears, distress for rent and compliance with a tenancy notice. Residential controlled-tenancy disputes ordinarily belong to the Rent Restriction Tribunal instead; start with our Rent Tribunal guide if the premises are a dwelling house.
Does BPRT cover my commercial tenancy?
BPRT generally applies when the premises are a shop, hotel or catering establishment and the tenancy is “controlled” under Cap 301. The statutory definition includes an oral tenancy and a written tenancy that is for no more than five years or can be terminated, other than for breach, within five years.
| Question | What it usually indicates |
|---|---|
| Is the premises used for retail, wholesale, services, a hotel or catering? | Potential Cap 301 premises. |
| Is the tenancy oral? | It may be a controlled tenancy. |
| Is the written term five years or less? | It may be a controlled tenancy. |
| Can either party terminate within five years, other than for breach? | It may be a controlled tenancy. |
| Is it an ordinary residential dwelling? | Use the residential tribunal/court analysis, not BPRT. |
Jurisdiction is fact-specific. A lease title alone does not decide it; the actual premises, written term and termination clauses matter.
Which BPRT forms are used?
The official Forms and Procedure Regulations prescribe the core forms. Use the current official version rather than an undated third-party download.
- Form A: landlord's notice to terminate or alter the terms or conditions of a controlled tenancy.
- Form A1: tenant's notice seeking reassessment of rent or alteration of terms or conditions.
- Forms B and C: references to the Tribunal under the circumstances set out in the Act and Regulations.
- Other applications: the procedure may use forms adapted from subordinate courts, depending on the order sought.
A tenancy notice and a reference are not interchangeable. If the receiving party does not agree with a tenancy notice, the Act sets a time-sensitive reference process; obtain advice promptly rather than waiting for the proposed effective date.
How do I prepare a BPRT filing?
- Confirm jurisdiction. Identify the premises type and why the tenancy is controlled under Cap 301.
- Identify the remedy. Decide whether the matter requires a prescribed tenancy notice, a reference, an application, or another procedure.
- Use the official form. Download it from Kenya Law's current Regulations and complete every relevant field.
- Assemble evidence. Include the lease, notices and proof of service, rent statements, receipts, correspondence, photographs and any valuation or inspection records relevant to the dispute.
- Confirm the current channel and fee. Contact the Tribunal Secretariat before filing; old fee tables and unofficial instructions may be outdated.
- Keep proof. Retain stamped or electronic filing confirmation, payment proof, the case number and proof of service on the other party.
What are the published BPRT fees?
Form D of the official Regulations lists KSh 500 for a notice of motion or chamber summons; KSh 250–500 for smaller distress applications and 10% of the amount claimed above KSh 5,000; 5% of annual rent for termination proceedings; 5% of the annual rent increase for alteration proceedings; and KSh 500 for a requested inspection. Confirm the exact assessment and payment channel with the registry before paying.
See the full table and official links on the Rent Tribunal fees and contacts page.
Where can I confirm BPRT contacts, forms and filing instructions?
The Judiciary's Office of the Registrar Tribunals publishes the central Tribunal Secretariat contact: 0792 429713, tribunals@court.go.ke, P.O. Box 30041-00100. Nairobi tribunal shared services operate from Kenya Re Towers, Upper Hill; call first to confirm the current registry floor, filing channel and circuit arrangements.
Use our maintained Rent Tribunal contacts page for the official contact links in one place.
Frequently asked questions
What cases does the Business Premises Rent Tribunal hear?
BPRT hears disputes under Cap 301 involving controlled tenancies of shops, hotels and catering establishments. Common issues include tenancy notices, rent, possession, service charges, arrears and distress for rent.
Does BPRT handle residential tenancy disputes?
Ordinarily no. BPRT is for controlled commercial premises under Cap 301. Controlled residential dwelling disputes are associated with the Rent Restriction Tribunal, while other residential disputes may belong in a court with jurisdiction.
What is a controlled tenancy under Cap 301?
It includes certain shop, hotel and catering tenancies that are oral, or written for no more than five years, or contain a non-breach termination provision within five years. The complete statutory definition and exclusions are in section 2 of Cap 301.
Where can I download official BPRT forms?
Use the current Forms and Procedure Regulations on Kenya Law. They contain Form A, Form A1, Forms B and C, and other prescribed forms. Confirm the current filing process with the Tribunal Secretariat.
Can I file a BPRT matter without an advocate?
Tribunal users may act in person, but jurisdiction, notices and filing deadlines can be technical. Consider an advocate when the tenancy status, form, service, deadline or remedy is disputed.