Understanding the Estate Agency Business and Profession in Kenya.
Residential property in Karen, Kenya.
Real Estate practice like any other profession is bound by a number of regulations some that are in the property law in kenya pdf. To be enlisted along the list of registered real estate agents in kenya one need to comply with the kenya real estate developers regulatory board, Estate agents registration board (EARB) amongst other.
Constitution of Kenya 2010
The Constitution of Kenya, being the supreme law of the land, is the main statutory instrument from which all authority and power flows.
Article 46 of the Constitution makes provisions in regard to consumer rights. It stipulates that consumers have the right;
a) To goods and services of reasonable quality
b) To the information necessary for them to gain full benefit from goods and services
c) To the protection of their health, safety, and economic interest
d) To compensate for loss or injury arising from defects in goods or services.
Just like goods, estate agency services fall within the ambit of services protected under the Constitution.It therefore follows that every person is entitled to services of reasonable quality and every person is as well entitled to information necessary for them to gain full benefit from such services. The Constitution thus extends consumer rights to services which include estate agency services. The provision of better and reasonable estate agency services in Kenya is therefore a constitutional guarantee that is to be protected.
Estate Agents Act Chapter 533
It is an Act of Parliament to provide for the registration of persons who, by way of business, negotiate for or otherwise Act in relation to the selling, purchasing or letting of land and buildings erected.
Whereas the Act was enacted long ago, the same was amended in the year 2012 in order to align it with the developments that have so far taken place over the period.
With the Act, came the establishment of the Estate Agents Registration Board. The Board is charged with the responsibility of registering estate agents and of ensuring that the competence and conduct of practising estate agents are of a standard sufficiently high to ensure the protection of the public.
The Land Act 2012
It is an Act of Parliament to give effect to Article 68 of the Constitution. The aim was to revise, consolidate and rationalize land laws, to provide for the sustainable administration and management of land based resources and for connected purposes.
The act was enacted to deal with matters pertaining to land.
This act applied to land described as; (a)public land under Article 62 of the Constitution (b) private land under Article 64 of the Constitution (c) community land under Article 63 of the Constitution
Title to land may be acquired through (a) allocation (b) land adjudication process (c) compulsory acquisition (d) prescription (e) settlement programs (f) transmissions (g) transfers (h) long term leases exceeding twenty-one years created out of private land or any other manner prescribed in an Act of Parliament.
Rent Restriction Act, chapter 296
It is an Act of Parliament to make provision for restricting the increase of rent, the right to possession and the exaction of premiums, and for fixing standard rents, in relation to dwelling-houses, and for other purposes incidental to or connected with the relationship of landlord and tenant of a dwelling-house
How These Laws Affect Estate Agents
Constitution of Kenya, 2010
This act is really concerned with human rights. It affects landlords and agents as one does not have the right to evict a tenant in any way he or she deems fit. The law lays out a procedure of evicting tenants from properties.
First, a landlord must give you a notice of termination.
The notice must be in a prescribed form and must:
State the date on which the tenancy will end Be signed by the person issuing the notice
Identify the premises you live or for which the notice is given
If you receive the notice, it must also set out the details and reasons for terminating the tenancy.
After getting a notice, you must vacate the premises. If you do not vacate by the end of the date stated, the landlord may apply to a tribunal for an order to terminate the tenancy and evict you.There have been instances where landlords increase rent for tenants who refuse to vacate their premises. That is unlawful. The law says a property owner cannot waive a notice of termination, create a new tenancy, or reinstate a tenancy by notice of rent increase. Both parties must agree to it. Generally, it is only a Landlord and Tenant Tribunal that can legally evict you from a house. Even before the order comes out, the tribunal must determine that the reasons stated for are accurate and justifiable.
Estate Agents Act, Chapter 533
This in the case that an estate agent is convicted of an offence under this Act or is after due inquiry found to have been guilty of an act or omission contrary to the public interest or amounting to professional misconduct the Estate Agents Registration Board may;
a) suspend the agent
(b) caution the person and may also order that such caution shall be entered on the register
(c) impose a fine not exceeding five thousand shillings upon that person
(d) order that the name of the person shall be deleted from the register.
The regulations help those seeking how to start a real estate agency in kenya understand the estate agent commission rates kenya.
The Land Act of 2012
There are a lot of formal procedures when it comes to land ownership and acquisition in Kenya. This makes the estate agent’s work hectic when dealing with clients.
Rent restriction act, Chapter 296
Both the landlord and agent do not have the right to refuse to rent out their property to certain people. They also cannot increase rent without notice unless stated in a tenancy agreement.
Summary
Estate agents should be familiar with laws and regulations governing real estate in their country. Working with Hao finder means getting to work a team that is well knowledgeable on policies governing estate agency. It is necessary to download the estate agents registration board pdf to be funished with the current land agency fee in kenya and the up to date real estate laws in kenya.