distress for rent act protects kenyan landlords

Distress for Rent (Recovery of rent); is the seizing or causing items to be seized from a tenant that owes rent being in arrears, so as to sell them and collect the rent that is owed.

Licensed Auctioneers who are certified by The Auctioneers Licensing Board of Kenya have the authority to implement rent distress.

Distress for Rent activities are regulated by Chapter 293 of the Laws of Kenya. Licensed Auctioneers provide rent recovery services to landlords and property owners who instruct them personally or through their Estate Agents also known as Property Managers or through their lawyers. The property owner may also directly give instruction to the auctioneer without going through third parties.

The property owner does not have to take the matter to court in order to recover rent arrears through distress. . The process of Distress for rent is guided by the Distress for Rent Act Cap 293 Laws of Kenya. This statute stipulates the procedures to be followed in effecting the distress against a tenant.

Procedure for Rent Recovery According to Distress For Rent Act Cap 293 Laws of Kenya:

Once the Auctioneer receives instructions from a Landlord, Estate Agent or Lawyer, the auctioneer makes an entry of the same in their Register and goes ahead to the tenant's premises and issues the 14 day's notice/proclamation (Attaching the movable equipment and household items by listing them and leaving them with the tenant for the next 14 days so that they can pay their dues together with the Auctioneers fees) of attachable household equipment and goods. At the expiry of 14 days, incase the tenant will not have settled the rent arrears plus the Auctioneers charges, the law authorizes the Auctioneer to seize goods; keep  them in an insured warehouse awaiting for their redemption, or sale by Public Auction, seven days following an advertisement in a daily newspaper.

After the the 7 days are over since the date of the advertisement in a daily newspaper, the Auctioneer will stage the items for sale through public auction beginning at 11:00am. The auctioneer will remit the proceeds of sale to the instructing officer within 15 days after the day of public auction. The auctioneer will then invoice the instructing officer for their charges and fees.

Property owners who contract Kizazi Realtors (leading estate agents in Kisumu) bank on us to implement rent distress seamlessly for them.