The real estate agency in Kenya is governed by four statutory provisions. The main statutory is the Constitution of Kenya 2010. The other three include Estate Agents Act Chapter 533, the Rent restriction act chapter 296, and the land act 2012. Below, we are going to discuss each and how it affects Estate agents.
1. The constitution of Kenya 2010.
All authority and power flow from the Kenyan constitution 2010, as it is the supreme law in the land.
The constitution protects consumers with rights on how goods and services should be offered to them under article 46.
How the constitution affects real estate agents.
A real estate agency, being a service provider is required by the constitution under this article to:
a). Offer reasonable quality services
b). Offer information necessary to the customers for them to gain the full benefit of the service.
c). Protect customers’ health, safety, and economic interest.
d). Should offer compensation to customers in case they suffer injury or loss that may arise to defects in the services.
The act also sets it clear that an agent or a landlord cannot evict a tenant without following the right procedure.
The agent/ landlord must send a form of termination notice duly signed and showing the end date of the tenancy.
Reasons and details for terminating the tenancy must be stipulated and also show which specific unit that applies to.
The landlord should apply to the tribunal for, an order for the termination of the tenancy and eviction of the tenant. That is if the tenant fails to vacate by the end date of the tenancy.
An increment in rent and the creation of a new tenancy cannot be done unless both the landlord and the tenant agree to it.
A landlord and tenant tribunal is the only one that can evict a tenant legally after determining the accuracy and justifiability of the reasons given.
2. Estate Agents Act Chapter 533.
This act was amended in the year 2012 after being enacted long ago.
The act provides that people, who negotiate for others, act to sell, purchase or let land and buildings as a form of business, be registered. For this purpose, a board (Estate Agents Registration Board) was established.
The board would also ensure that real estate agents are competent enough to protect the public.
How the Estate Agents Act affects Real estate agents.
If a real estate agent is convicted and found guilty, the board may have the agent:
a). Suspended
b). Cautioned and the caution is entered in a register.
c). Have a fine not exceeding Ksh5, 000 imposed upon that agent.
d). Be unregistered as an agent
3. Rent restriction act chapter 296.
This act of parliament was enacted to mainly provide for the restriction of rent increment, and the right to possess and obtain premiums.
How the rent restriction act affects real estate agents.
a). Landlords/agents cannot increase the rent without agreeing with the tenant and both signing the tenancy agreement.
b). Agents/ landlords cannot refuse to rent to certain people.
4. The land act 2012.
This act was enacted so as to deal with all matters that pertain to land in Kenya. Article 68 of the Kenyan Constitution was given effect by this act.
The act applies to land described as; public land, community land, and private land all of which are under articles 62, 63, and 64 respectively.
How the land act 2012 affects Real estate agents.
The act made ownership and acquisition of land quite procedural. This gives estate agents a hard time when dealing with clients.
Conclusion
As a real estate agent, you should adhere to these four statutory provisions to avoid being on the wrong side of the law.
It also shows competence in what you do for your clients building confidence in them.
If you are a real estate agent you can leave a comment below and let us know how either of the statutory has affected you.
