Review of the provisions of sections 70(2), 75 and 76) of the Land Act

 

Based on the Land Act (No. 6 of 2012) of Kenya, specifically within Part VI: Leases (Remedies and Relief), Sections 75 and 76 govern the process by which a lessor (landlord) can forfeit a lease and the relief available to the lessee (tenant) against that forfeiture. 

Here is a breakdown of the sections requested:

1. Section 75: Notice before Forfeiture 

This section acts as a procedural safeguard for the lessee. A lessor cannot automatically evict a lessee or forfeit a lease for breach of covenant (including non-payment of rent) without following this process. 

• Notice Requirement: The lessor must serve a notice on the lessee specifying the particular breach (e.g., unpaid rent or broken covenant).
• Remedy Period: The notice must require the lessee to remedy the breach within a reasonable time.
• Court Action: If the lessee fails to remedy the breach within the specified time, the lessor may then commence an action in court for forfeiture. 

2. Section 76: Relief against Forfeiture

This section gives the Court discretionary power to prevent the harsh application of forfeiture, guided by principles of equity. 

• Court Discretion: In an action for forfeiture, the court may grant relief to the lessee on such terms as it deems just.
• Equitable Principles: The court will consider the conduct of both parties, the nature of the breach, and whether the breach has been remedied.
• Effect: If relief is granted, the lease continues as if the breach had never occurred. 

3. Contextual Notes on Related Sections

• Section 73 (Lessor's right of forfeiture): Establishes the right to forfeit if rent is unpaid for twelve months or if a covenant is breached.
• Section 74 (Effect of forfeiture on subleases): Provides that forfeiture of a head lease does not automatically destroy a sub-lease; the court can protect sub-lessees.
• Section 70(2) (Land Registration Regulations): While not in the main Land Act 2012, Regulation 70(2) of the Land Registration (General) Regulations 2017 requires that an application for registration of a charge must be supported by a land rent clearance certificate. 

Summary of Process:

1. Breach: Lessee fails to pay rent/covenant.
2. Section 75: Lessor serves a notice specifying the breach.
3. Action: If not remedied, Lessor sues for forfeiture.
4. Section 76: Court may grant relief (e.g., time to pay) to the lessee to avoid losing the lease.