My mission is certainly to give a general overview of the material provisions of the law, but this would not be possible without the introduction of its basic structure. First, it must cover both leasing contracts commonly known as financing leases and operational leasing, the idea is that it should be as broad as possible in its scope, in order not only to understand the current needs of developing countries and processing economies, but also to consider likely trends in the development of these markets.4 On the other hand, Kenya`s experience in rent-buying with domestic goods and small and small-scale personal utility vehicles, which we have called “matatus”. In the area of financing, a lease agreement is an agreement that allows a party to use real estate, investments or equipment, for a fee, for a period of time. Leases have become increasingly common, with businesses and consumers looking for alternatives to finance the acquisition of fixed assets. A lease agreement consists of at least two parties; a landlord (z.B. a bank) who owns the property and a tenant who uses the property. The lessor, essentially a creditor of the transaction, is reimbursed from the combination of rents, benefits and income from the sale or re-lease of the property at the end of the tenancy period 10. From a safety and solidity perspective, leasing contracts resulting from lease buybacks should be entered into in much the same way as other leasing contracts15, and domestic banks may enter into leases for agricultural, commercial, commercial or consumer purposes. As a general rule, they can only acquire real estate after the bank has entered into a legally binding lease obligation or a legally binding written agreement on the bank`s compensation for the loss related to the acquisition of the rental property. 16 vi) Within 21 days, a copy of the contract is served on the tenant. v) In the case of a financing lease, the taker bears the risk of loss of the asset which maintains the risk of loss, unless expressly stated. Section 6 of the Act provides for those that must be included in each lease-sale agreement, for example.B. entails leases/tenants called controlled leases.

Commercial leases in Kenya must be signed in writing and have a limited duration of at least 5 years and 3 months. Nor do they contain termination clauses. They are structured to eliminate the risk of creating controlled leases. A controlled lease limits the landlord`s ability to increase the rent or terminate the lease without prior authorization from the Business Premises Rent Tribunal. Due to the increase in crime in urban areas, the police ask to check the tenants of the landlords, so that landlords can also require a copy of the work letter of tenant employers. However, this is based on the agreement between the tenant and the landlord and is mostly used by foreigners. The second type of agreement is an agreement in which the lessor wishes to have the use of an aircraft, but wishes to leave the owner as the operator of the aircraft, either voluntarily or out of necessity. Such a rental or charter flight may apply to either a flight, a certain number of flights, or even a specified period. Before signing a rental agreement, you must do some basic due diligence on the land and your future owner. Due Diligence includes a number of things: There are landlords who request payment of the full rent for the full term of the lease/tenant, even if this rent/rent has already been terminated. In chiMANLAL MEGHJI NAYA SHAH – ANOTHER v OXFORD UNIVERSITY PRESS (EA) LIMITED [2007] eKLR, the High Court of Kenya ruled that it was unacceptable for a landlord to charge the full rent for the remaining portion of the rental/rental period if that rent/rental was terminated.