Author: Property254

Several years ago, lawyers and property experts started raising concerns about Kenya’s outdated law governing commercial leases — the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. Although this law was meant to protect tenants, smart lease drafting and rigid interpretations by landlords often made it very difficult for tenants to exit leases, even in genuine cases of hardship. A recent Supreme Court decision in Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology (JKUAT), delivered in December 2024, now provides clarity — and some important lessons — for both landlords and tenants. What Happened? In 2016,…

The Supreme Court has recently delivered a landmark ruling that promises major relief for many individuals with pending applications for lease extensions on government land. At the center of the case was a land dispute in Ngara, Nairobi. A proprietor who had held a leasehold interest since 1968 — set to expire in 2001 — had applied for a lease extension three months before expiry. However, the government offered no response. Despite the silence, the proprietor remained in possession of the land, continuing to pay land rent and rates diligently. Yet in 2009, the same property was allocated to another…

The Kenya Revenue Authority (KRA) has launched the Electronic Rental Income Tax System (eRITS) as part of its commitment to improving tax compliance in the real estate sector. Built on KRA’s Enterprise Integration Platform, Gava Connect, this system aims to simplify the tax process for landlords, property owners, and real estate agents. Dr. Chris Kiptoo, the National Treasury Principal Secretary, highlighted that eRITS is a significant milestone in streamlining tax compliance. By enhancing efficiency and equity in the tax system, this initiative will contribute directly to national development, benefiting all Kenyans. Kiptoo emphasized that the taxes collected through this system…

A recent ruling by the Court of Appeal has cleared up a long-standing question in Kenya’s real estate world: Should VAT apply to the sale of commercial buildings? Spoiler: Yes, it should. Even if the land itself is VAT-exempt. Let’s break it down. Section 5 and Paragraph 8 of Part II of the First Schedule of the VAT Act (VAT Act) exempts the sale, rental, hiring or leasing of land and residential premises from VAT (save for hotels and holiday accommodations). So, What Happened? In the case of Kenya Revenue Authority v Ndegwa [2025], the Court of Appeal made a…

A landmark ruling by the High Court has delivered a major victory for real estate investors, setting a precedent for buyers who have suffered delays and quality issues in off-plan developments. The ruling favored two buyers, Nizarali Pradhan Sumar and Shehnaz Nizarali Sumar, against VK Construction Limited, after the developer failed to meet contractual obligations regarding the completion and quality of an apartment. Case Background As reported by buyrentkenya, The plaintiffs signed a sale agreement on April 23, 2015, agreeing to purchase a unit in a 32-unit four-bedroom apartment development for Kshs. 18,800,000. However, despite paying Kshs. 18,860,000, they encountered…

The Estate Agents Registration Board (EARB) has called for mandatory registration for all estate agents or risk facing arrest and prosecution. In a notice on March 28, 2025, the board stated that any person who negotiates, purchases, or sells land and buildings must be registered with the board. According to the notice, any person practicing Estate Agency without registration is doing so illegally and risks prosecution. Estate Agents registered by the Board are issued with a Registration Certificate and an Annual Practicing Certificate every year of practice. In the notice, the board reaffirmed its commitment to protecting public interest and…

Did you know you can grow your real estate business without cold calling or buying expensive leads? Many agents spend hours dialing numbers, chasing unqualified leads, or paying for platforms that deliver low-quality prospects. But what if there was a better way? In this post, I’ll break down three powerful lead generation strategies that can help you attract clients organically and predictably. Let’s dive in! #3: Building a Brand on Social Media Social media is one of the most effective ways to generate real estate leads. However, it requires time and consistency to see results. Your potential clients need to…

Many real estate agents believe that branding starts and ends with a logo. They hire a designer, get a sleek new look, and think, “Now I have a brand!” But here’s the truth: A brand is NOT a logo. A brand is a promise. It’s the trust you build, the experience you deliver, and the reputation that follows you long after a deal is closed. And here’s something most people don’t tell you—it takes at least 3 years to establish a brand and 10 years to solidify one. So, how do you build a real estate brand that stands the…

Buying a home is exciting—but it’s also one of the easiest ways to lose money if you’re not careful. Every year, countless buyers make avoidable mistakes that leave them trapped in bad investments, tangled in legal disputes, or scammed out of their hard-earned savings. I’ve seen it happen too many times. People rush into deals without doing the right checks, trusting the wrong people, or assuming that a good price means a good deal. To help you avoid these pitfalls, I’ve broken down the five critical stages of buying a home—from realizing the risks to making a smart purchase decision.…

Investing in property is a significant decision, especially in a market like Nairobi, where real estate development is booming. However, not all projects are created equal, and due diligence is crucial before committing your hard-earned money. If you’re considering buying an apartment or house from a developer, here are some essential questions to ask before making a decision. 1. Who Is the Developer, and What Is Their Track Record? A developer’s history can tell you a lot about their reliability. Ask: A reputable developer should have a solid portfolio, positive client reviews, and a history of delivering projects on time.…