Can a landlord charge me back rent if they'd already agreed to reduce it?
Manage episode 290627738 series 2786453
In today’s episode, we discuss whether a landlord can charge their tenant back rent if they'd already agreed to reduce it? Especially when there is no written tenant agreement.
I have been renting a property in Kahawa West for the past nine years. When I moved in we agreed that I would be give a one month deposit and be paying 25,000 a month. We also verbally agreed that I would take care of the water and electricity bills. I cannot remember if we signed any document but even if we did, it was to terminate after one or two
years.
For the most part up to last year, my relationship with the landlord has been cordial. Sometimes, I have not paid the rent on time, but I also recover and pay any arrears. I had also ensured that I made mini house repairs where needed and paid for the utility bills.
However, since the COVID pandemic, I have not been able to pay rent on time or in full. I spoke to the landlord to consider waiving the rent payments for sometime. He did not agree but gave me three months to gather myself before I started paying again. However, even after I resumed payment, I have only managed to pay between 10,000 to 15,000 a month and have not managed to pay the full amount. However, the landlord seemed to accept the payments and never demanded the balance. I have also fallen behind on utility
bills, even though when I get money I pay a bit.
Last week, however, I received a call from a house agent sent by the landlord. She told me that she wanted to come and inspect the house. I agreed for her to come but I am now worried.
What does it mean that a house agent wants to inspect the house and can the landlord just kick me out. I need to find a way of remaining in the house, but I also don’t want to be forced to pay arrears from last year.
Research by Muendo Manthi (muendo@hklaw.co.ke)
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