ATP – 107 CONVEYANCING LAW

TOPIC: LEASES AND TENANCIES

Mr. Tonny M Odera – Adjunct Lecturer

* 29th June 2024 * 8:00 – 10:00am
 Definition
2

When a proprietor of land lets out his land to another

person under such circumstances that the other party
obtains a right a right to exclusive possession, an
interest in the land known as a lease is created.
S.2 of the Land Registration Act defines a Lease to
include a sublease.

Mr. Tonny M. Odera Thursday, July 11, 2024

 Nature of interests
3

A Lease is a conveyance by which the Lessor grants to

the Lessee an interest in land less than a freehold and
less than which he is himself entitled.

The Lessor retains for himself an interest called the

reversion.

Mr. Tonny M. Odera Thursday, July 11, 2024

 Terminologies
4

 The grantor of a Lease is known as the Lessor or

Landlord and the grantee is known as the Lessee or
Tenant.
 The words Lease or Tenancy denote the grant and are
used interchangeably.
 However in common legal parlance, the term tenancy has
come to be used in reference to short term leases
whereas the term lease is used to denote longer term
tenancies.
Mr. Tonny M. Odera Thursday, July 11, 2024
 Legal Framework
5

 Leases are dealt with under part VI of the Land Act

and Part IV of the Land Registration Act.

 However, Common Law applies subject to the

stipulations of the Judicature Act.

Mr. Tonny M. Odera Thursday, July 11, 2024

 Essential requirements
6

The Three Essential of a Lease are:

 Exclusive Possession

 Determinate term

 Defined Premises

 Ought to be in writing

Mr. Tonny M. Odera Thursday, July 11, 2024

 Contd
7

 A tenant must acquire the right of possession to

the exclusion of the landlord and all persons
claiming through the landlord.

 The period of a lease must be defined or capable of

being defined i.e. the term must have a beginning
and a certain ending.
Mr. Tonny M. Odera Thursday, July 11, 2024
8

 No lease can be created unless the property is

concretely defined or capable of being defined.
 (See Heptulla Brothers Ltd. v. Jambha Jeshangbhai
Thakore where the court explicitly stated that no
tenancy could be created where the premises
intended to be let out could not be ascertained with
sufficient precision.
Mr. Tonny M. Odera Thursday, July 11, 2024
9

Section 56 Land Act:

Subject to the provisions of this Act, the owner of
private land may lease that land or part of it to any
person for a definite period or for the life of the
lessor or of the lessee or for a period which though
indefinite, may be terminated by the lessor or the
lessee (provision for notice)
Mr. Tonny M. Odera Thursday, July 11, 2024
 Periodic Tenancies
10

 Section 57 of the Land Act provides for creation of periodic

tenancies:
 Where the term of the lease is not specified and no provision is
made for the giving of notice to terminate the tenancy, the lease
shall be deemed to be a periodic lease;

 the term of the lease will be from week to week, month to month,
year to year or any other periodic basis on which the rent is payable
and in relation to agricultural land the periodic lease shall be for six
months;

Mr. Tonny M. Odera Thursday, July 11, 2024

11

• A periodic tenancy is also created

◼ where the lessee remains in possession of land with the consent of
the lessor after the term of the lease has expired, in which case,
unless the lessor and lessee have agreed, expressly or by implication,
that the continuing possession shall be for some other period, the
lease shall be deemed to be a periodic one and shall continue in force
until the lease is terminated
◼ where the owner of land permits the exclusive occupation of the land
or any part of it by any person at a rent but without any
agreement in writing.
Mr. Tonny M. Odera Thursday, July 11, 2024
12

 A periodic tenancy may be terminated by either party

giving notice to the other, the length of which shall be not
less than the period of the tenancy and shall expire on one
of the days on which rent is payable.

Mr. Tonny M. Odera Thursday, July 11, 2024

 SHORT TERM LEASES
13

Section 58 of the Land Act provides for Short-term leases

by defining a short term lease as
 a lease made for a term of two years or less without an
option for renewal and/or
 A lease that is a periodic lease;

(2) A short term lease may be made in writing and is not a

registrable interest in land (What’s the import of this?)
Mr. Tonny M. Odera Thursday, July 11, 2024
 Consideration (RENT)
14

 Consideration or rent is an ingredient of a Lease but

the lack of it may not affect the validity of the Lease.
 Concept of Peppercorn Rent

Mr. Tonny M. Odera Thursday, July 11, 2024

 Implied Rights and Liabilities
15

 Section 55 (2) Land Act - The parties to a lease made or

coming into effect before the commencement of this Act
may agree, in writing, to adopt or incorporate any of the
provisions of this Part into that lease and any provisions
adopted or incorporated shall, unless the agreement
otherwise provides, become a part of the lease and shall
be enforceable in every respect, with effect from the date
of the agreement.
Mr. Tonny M. Odera Thursday, July 11, 2024
 Contd
16

Read Sections 65 & 66 Land Act

 Make a list of the Covenants and Conditions

implied in a Lease

Mr. Tonny M. Odera Thursday, July 11, 2024

17 Mr. Tonny M. Odera Thursday, July 11, 2024