Leases, Charges & Mortgages in Kenya
Review residential and commercial leases, property charges, mortgage registration and discharges in Kenya with WKA Advocates in Nairobi.
Leases
A lease gives a tenant the right to occupy property for a defined period. We draft and review residential and commercial leases covering rent, reviews, service charge, repairs, renewal, assignment and termination. Longer leases must be registered to protect the tenant’s interest.
Charges and Mortgages
When a bank lends against property, it takes a charge over the title. We act for borrowers and lenders to review loan and charge documents, obtain consents (including spousal consent), register the charge and, once the loan is repaid, secure a discharge of charge.
Key Issues to Check
- Remaining term and ground rent on leasehold land
- Statutory notices and rights on default and sale by a chargee
- Rights of existing tenants
- Insurance, valuation and registration requirements
Commercial Property
For offices, warehouses and retail space, we also advise on landlord and tenant disputes, change of user, and incorporation of property-holding companies.
This page is general information for readers in Kenya and is not legal advice. Laws, rates and procedures change, so confirm the current position with an advocate before you act.
Read the Lease Beyond the Monthly Rent
Review rent escalation, deposits, permitted use, service charges, repairs, renewal rights, assignment and exit conditions. For business premises, check whether the lease supports your actual operation and any fit-out works. Ask how notices must be delivered and what happens if a party defaults.
Coordinate Financing and Registration
A mortgage-funded purchase brings the lender’s requirements into completion. Confirm valuation, insurance, charge documents and conditions for releasing the loan. When an existing loan is repaid, follow up on the discharge and registry position rather than relying only on a repayment receipt.
Explore commercial lease negotiations and mortgage registration.
Related Guides and Legal Support
For wider support, explore Property contracts and financing advice on the official WKA Advocates website, or contact our Nairobi team with your transaction details.