(Due Rent Recovery, Rent Collection and Enforcement for Due Rent Recovery)
Distress for Rent( Rent Recovery); is the act of seizing or causing goods to be seized from a tenant who owes rent and whose is in arrears of one month, with a view of selling them to recover those arrears of rent. This undertaking has to be done by a Licensed Auctioneer duly certified and Licensed to carry out Distress for Rent by The Auctioneers Licensing Board of Kenya. The Distress for Rent Act Chapter 293 Laws of Kenya regulates Distress for Rent activities.
Lolwe Auctioneers offer rent recovery services to property owners and landlords who instruct us individually or through their lawyers and Property Managers otherwise known as Estate Agents. The Landlords may also directly instruct us without passing through third parties. For distress for rent, the landlord does not have to seek the assistance of the court for him/her to recover rent through distress. The process of Distress for rent is guided by the Distress for Rent Act Cap 293 Laws of Kenya. This statute stipulates the procedures to be followed in effecting the distress against a tenant.
The Distress for Rent Act, The Auctioneers Act and rules are available for sale to the Public at The Government Press / Library situated along Haile Selassie Avenue - Nairobi. These laws of Kenya are also available online free of charge at: http://www.kenyalaw.org.
Lolwe Auctioneers Jurisdiction for Distress for Rent services:
Lolwe Auctioneers are authorized to offer this noble service of recovering your owed rents in the city of Nairobi and the neighbouring expansive Kiambu, Machakos and Kajiado Counties. Some of our major customers in this field include; Ngummo (Kenya) Ltd., Maestro Properties Limited amongst other clients.
Legal Procedure for Rent Recovery - Distress for Rent Services:
Upon receiving instructions from the instructors amongst whom are; Landlords, Lawyers or Estate Agents, we enter the same in our Register and proceed to the tenants premises for a 14 day's proclamation ( Attaching the movable household items and equipment by listing the same and leaving them with the owner for the next 14 days to settle the rent dues plus the Auctioneers fees) of attacheable household items and equipment. Upon the expiry of 14 days, if the tenant will not have paid the due rent plus the Auctioneers charges, on the 15th Day, the law allows the Auctioeer to seize goods; store them in an insured warehouse pending their redemption or sale through Public Auction, 7 days after advertisement in a daily newspaper. After the expiry of the legal requirement of 7 days after advertisement in a daily newspaper for sale by Public Auction, the Auctioneer will stage a Public Auction starting at 11.00am. After the Auction, the proceeds out of which shall be paid to the instructing officer within 15 days from the date of the Public Auction. The Auctioneer will then bill the instructing officer for its fees and charges.
Experience and Knowhow:
We are experts in the field of Distress for rent ( Rent Recovery) after being in practice for the last 29 years.
Items exempted from distress - These are items / household goods not attacheable by an Auctioneer as per the laws of Kenya:
(1) The following goods and chattels shall be exempt from distress for rent:
(a) The property of the Government;
(b) goods and chattels in the possession of the law;
(c) things delivered to a person exercising a public trade, to be carried,wrought, worked up or managed in the way of his trade;
(d) things in actual use or occupation of the person distrained upon at the time of the distress;
(e) things of a perishable nature, or such as cannot be restored again in the same state and condition that they were before being taken or must necessarily be damaged by removal or severance;
(f) animals ferae naturae; Animals that are wild by nature - Cats, dogs e.t.c.
(g) wearing apparel and bedding of the persons whose goods and chattels are being distrained upon and the tools and implements of his trade to the total value of one hundred shillings;
(h) things exempted from distress under the Electric Power Act (Cap.314); and (i) any metre (together with any fittings thereto) supplied and let on hire by a corporation or company supplying water to the premises on which the distress is levied for the purpose of ascertaining the quantity of water consumed on or supplied to those premises.
(2) A subordinate court, on complaint that goods or chattels exempt under this section from distress for rent have been taken under that distress, may by summary order direct that the goods and chattels so taken, if not sold, be restored; or, if they have been sold, that such sum as the court may determine to be the value thereof shall be paid to the complainant by the person who levied the distress or directed it to be levied.
Our Fees for Distress for rent service ( Rent Recovery):
The Auctioneers Fees and Charges for Distress for Rent are well stipulated within the ; Auctioneers Act and rules.
Lolwe Auctioneers fess and charges for distress for rent are chaged based on the legal requirement as per the law.
Our services are mostly sort by;
- Real Estate Managers and Agents
- Advocates acting on behalf of their clients
- Property owners and landlords