Mzee Abubakar v. Salum Selemani & another. Misc. Civ. App. 15-D-69; -/9/69; Hamlyn J.

Mzee Abubakar v. Salum Selemani & another. Misc. Civ. App. 15-D-69; -/9/69; Hamlyn J.

The appellant appeals against a decision of the Rent Tribunal made on two applications for the fixing of standard rent on two sets or premises. The Tribunal set the rent at 30/- a month for each room on the first application and 120/- a month total on the second application. The order of the tribunal stated that the landlord was to re-apply for “full standard rent” after executing repairs. During the hearing

There had been allegations that repairs were needed but no estimate was made of the cost.

            Held: (1) “This mode of dealing with the matter is clearly incorrect, for application was made for the fixing of the standard rent and not for some “diminished” rent. What the Tribunal should have done is to have fixed the standard rent properly and then (if there were evidence on which it could act with regard to repairs) to have set some lower figure payable until the repairs were carried out. Even so, I would point out that such procedure is strictly applicable only on the request of the tenant and there was none here…….. Once rent has been settled for the two premises and recorded by the Tribunal, in view of the allegations (albeit no very specific) of the need of repairs required to the premises, if these are repairs properly carried out either by agreement or by custom by the landlord, I think that the Tribunal might deal with this matter under section 4(5) of the Act, by regarding the complaints as to repairs by the tenants as notional applications under the section. The Tribunal could then make an Order as to the amount of rent payable until such time as the repairs have been carried out by the landlord (f they are in fact to be done by him). The standard rent must of course be fixed first and thereafter the reduced rent should be ascertained after considering he factors governing the state of the property.: (2) “Standard rent fixed at 50/- for each room on the first application, second/application sent back to Tribunal for determination on evidence or view of premises”.