Updated 8 November 2026
The Business Premises Rent Tribunal (BPRT) hears disputes between landlords and tenants of business premises such as shops, hotels and catering establishments under a controlled tenancy. Either side starts a case by filing a reference on Form C and a written application, usually a notice of motion, supported by a sworn affidavit. You do not need a lawyer. The Judiciary says matters take a maximum of 180 days, orders are enforced through the Chief Magistrate’s Court and appeals go to the Environment and Land Court within 30 days.
Checked on 8 November 2026 against the Judiciary’s Tribunals FAQs (Business Premises Rent Tribunal section). Filing fees depend on the case type; the Judiciary refers users to the Tribunals’ gazetted fees and the e-filing portal, so confirm the fee for your application before filing.
Contents: What it handles · Controlled tenancy · Filing steps · Evidence · Timelines and fees · Enforcement and appeal · FAQ
What the Business Premises Rent Tribunal handles
The Judiciary says BPRT hears and determines disputes arising from a controlled tenancy, or a tenancy relationship between a landlord and a tenant of a business premises. Typical disputes include rent increases, termination notices, repairs, lockouts and unpaid rent on shops, kiosks in buildings, offices used for trade, hotels and restaurants.
BPRT is not the forum for houses. The Judiciary explains that BPRT deals with business premises or commercial space, while the Rent Restriction Tribunal deals with residential units. If you rent a flat and run a business from it, check which tribunal applies before filing.
What counts as a controlled tenancy
The governing law is the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301. According to the Judiciary’s FAQ, a controlled tenancy (often called a protected tenancy) is one where either the lease has not been put in writing, or there is a written lease for a period not exceeding five years. A long written lease of more than five years generally falls outside the Act, and disputes on it go to the ordinary courts.
| Your tenancy | Likely forum |
|---|---|
| Shop or business premises, no written lease | Business Premises Rent Tribunal |
| Business premises, written lease of 5 years or less | Business Premises Rent Tribunal |
| Business premises, written lease over 5 years | Not a controlled tenancy under the Judiciary’s definition; seek advice |
| Residential house or flat | Rent Restriction Tribunal |
How to file at the Business Premises Rent Tribunal
The Judiciary lists the process as follows:
- Reference on Form C. The landlord or tenant files a reference to start the complaint.
- Written application. Usually a notice of motion, drawn by you or an advocate, giving the names and addresses of the landlord and tenant, the orders or relief sought and the grounds.
- Certificate of urgency (optional). An advocate can certify the matter as urgent, for example where a tenant has been locked out.
- Supporting affidavit. Sworn by the tenant or landlord, or for a company, an authorised official such as a director.
- Interim orders. After filing, the Tribunal may issue interim orders to preserve the status quo until the hearing.
The Tribunal sits at Kenya Re Towers, Ground Floor, Upper Hill, Nairobi, from 8am to 5pm, Monday to Friday. You can represent yourself or use an advocate.
Evidence to prepare
Depending on the Tribunal’s directions, you may later file a replying affidavit, an affidavit of service, witness statements and other documents. Useful evidence includes:
- the lease or letter of offer, or proof of the tenancy if there is no written lease (rent receipts, M-Pesa or bank records);
- notices received or sent, such as rent increase or termination notices;
- photos of the premises, repairs needed or a lockout;
- correspondence and a rent account showing what is paid and owed.
Landlords working out arrears can use our rent arrears calculator to prepare a clear statement. Evidence can be given in person or in writing.
Timelines and fees at the Business Premises Rent Tribunal
The Judiciary says matters take a maximum of 180 days, depending on complexity and urgency, with urgent matters expedited. On costs, it says filing fees vary with the nature of the case and points users to the Tribunals’ gazetted fees, the Judiciary e-filing portal or the Tribunal itself. We have not listed amounts here because the Judiciary’s FAQ does not set them out.
You can withdraw a case by notifying the Tribunal and the other parties through a notice of withdrawal or by consent; the Tribunal then gives directions.
Enforcement and appeals
The Judiciary says BPRT decisions are legally binding. If a landlord ignores lease terms or a tenant refuses to pay, the remedy is enforcement of the Tribunal’s orders, which is done at the Chief Magistrate’s Court in the area of the premises. A party dissatisfied with a decision can file a memorandum of appeal at the Environment and Land Court within 30 days.
Business owners should also check their cover for interruptions caused by disputes or closures; see our SME business insurance guide.
Business Premises Rent Tribunal FAQ
Who can file at the Business Premises Rent Tribunal?
Either the landlord or the tenant of a business premises under a controlled tenancy.
Do I need a lawyer at the Business Premises Rent Tribunal?
No. The Judiciary says you can represent yourself or use an advocate.
How long does a Business Premises Rent Tribunal case take?
A maximum of 180 days, according to the Judiciary, depending on complexity and urgency.
Does the Business Premises Rent Tribunal handle residential houses?
No. Residential disputes go to the Rent Restriction Tribunal.
Where do I appeal a Business Premises Rent Tribunal decision?
To the Environment and Land Court, within 30 days.
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