If you own a home that you no longer want to live in, you have a choice: sell or rent it out. To decide on the right path for you, you’ll want to consider the housing market as well as your appetite for becoming a landlord—a job that comes with many responsibilities. Renting your house: Pros and cons There are several advantages and disadvantages when you make the decision to rent. The most important thing is to be sure you’re up for the commitment. Pros 1. Safer for a buyer’s market. Selling in a buyer’s market puts you at a disadvantage. High supply and low demand typically drive down prices, meaning you may lose money on the sale. If you’re facing a buyer’s market, renting is a way to earn income while you wait for the market to improve. 2. Passive income. If you can command rent that surpasses your monthly mortgage bill, you’ll have a steady stream of passive income. 3. Continue building equity. If you’ve only owned the house for a short period of time, renting will allow you to hold onto your home and build more equity, especially if property values in your area increase significantly. If…

Does a property owner have absolute power over the process of eviction? Property law has come a long way in addressing this. The law imposes restrictions to evictions. In this article, we shall look at different scenarios in which eviction is necessitated and how to legally evict a Tenant or an unlawful settler. There are different types of eviction in Kenya. In this piece, we shall cover evictions in the following areas: – Eviction of a Tenant at a residential unit; Eviction of a Tenant from business premises protected under Cap 301; and Eviction of unlawful/illegal settlers. Eviction of a Tenant at a residential unit: – The law has placed a few safeguards in respect of situations where a landlord in a residential unit intends to evict his tenant. These are those units where rent is paid periodically, for instance, monthly or quarterly in advance. The procedure to be followed majorly depends on how parties agreed in the first place. There is, however, a bare minimum, you cannot rightfully evict anyone without a Court order. The requirement of a termination notice There are landlord and tenant relationships whose agreements are not provided for in writing, oral agreements. They, therefore, do…

What is Capital Gains Tax (CGT)? CGT is tax that is levied on transfer of property situated in Kenya, acquired on or before January 2015. It is declared and paid by the transferor of the property Rate of Tax The rate of tax is 5% of the net gain.It is a final tax i.e. the Capital Gain is not subject to further taxation after payment of the 5% rate of tax.Net Gain is Sales Proceeds minus the Acquisition and Incidental costCGT is on gains arising from sale of property. How to Compute Capital Gains Tax Net Gain = (Transfer value – Incidental Costs on Transfer) – Adjusted Cost ( Acquisition Cost + Incidental Costs on Acquisition + Any enhancement Cost) What constitutes a transfer? If property is sold, exchanged, conveyed or otherwise disposed of in any manner (including by way of gift), whether or not for consideration; On the occasion of the loss, destruction or extinction of property whether or not a sum by way of compensation is received in respect of the loss, destruction or extinction unless that sum is utilized to reinstate the property in essentially the same form and in the same place within one year or…

Rent means payments received from a right granted to another person for use or occupation of immovable property which includes premium or similar consideration received for the use or occupation of property. Rental Income Taxation Under Annual Regime Rent is charged on actual amount received Expense incurred to generate rent is allowed under section 15 of the Income Tax Act. Tax is calculated under individual graduated scale or corporate rate of 30% In addition, rent on non-residential buildings (Commercial) is taxable under the VAT Act(No. 35 of 2013) – Laws of Kenya. How to determine Taxable Income Gross Rent income for the year: Property A – 5 units*Kshs. 20,000*12months 1,200,000 Property B – 10 units*Kshs. 15,000*12months 1,800,000 Total Rent income in Kshs. 3,000,000 Less: Allowable expenses (Kshs.): Land Rent/Rates …

Land grabbing is a chronic, malignant and deeply rooted problem and sadly a familiar tale to every Kenyan. Fraudsters are increasingly falsifying documents while conniving with civil servants to secure title deeds, robbing Kenyans of their precious land, damaging businesses and fuelling investor hesitancy. The problem stems from the unshakeable composition of these criminal networks. Historical cases have seen the involvement of individuals that hold sway on various rungs of our political, legal and regulatory framework. Indeed, incidents have included employees inside ministries, high-ranking political officials, and police officers. Land cartels are sophisticated, protected criminal structures built on such foundations that have become increasingly difficult to break down. Their actions are organised and robust. For example, land grabbers often claim they bought land from a deceased individual before their death, using forged ownership and sale agreements ratified by power-wielding cartel members. Police are then deployed to physically commandeer the land. At the same time, the cartels higher ranking individuals threaten, blackmail and cajole the rightful owners into deterring them from chasing justice. As a result, many individuals and businesses find themselves too scared or unable to fund the legal battle ahead of them. This pattern of events resonates with several…

Buying land is usually a sound investment because the land won’t go anywhere and you can improve upon it in the future. Besides the primary rule of location, it is important to learn everything you can about a piece of land before you buy it. Aside from learning all you can on paper, go see the land, and inspect it for yourself. Keep an eye out for these red flags when buying land. You’ll want to avoid these problems! The Surrounding Area is zoned for Other Use A land zone is how the local governmental authority determines how a specific portion of land can be developed. Commercial zones are designated for shopping centers and offices and industrial zones are set aside for manufacturing plants and storage facilities. Although the plot of land you purchase could be zoned for residential use, the area around you might be zoned for less than ideal neighbors. It might be empty now, but the municipality might have plans to build a nightclub or federal prison next door. Take a look at the long-term plan for the area and decide if you’re comfortable with the thought of who might move in next door. Covenants and Deed…