The change of terns for homeowners in Nairobi’s Enaki Town development luxury apartments, still cause disquiet among homeowners, after the developer made good the introduction of controversial clauses in post-sale lease agreements.
The issues first came into the limelight i n 2023 when demand letter by the owners’ lawyers was dispatched to the directors of the developer Rosslyn Suites Limited – protesting the change of terms long after majority had paid their initial deposits
Real estate firm Hass Consult proclaimed itself, in the new terms, as “… the sole and exclusive letting agent appointed by the Enaki management company…for the rental of all units at Enaki.”
The changes had opined that property owners must remit a fee each time a tenant occupies their unit, even if the owner secures a tenant independently or through a third party. The clause also says that “If, for any reason, the owner would like to withdraw the property from the rental market… a fee of 50% of the full fee shall be payable…” said the stringent new terms
Hass Consult, through Mohammed Hassanali, is the biggest shareholder in Rosslyn Suites Limited. He doubled as a director in the development company.
The homeowners also claimed that they had been denied access to their houses until they sign the lease agreement, whose terms the developer has said cannot be changed, and that they “…must either acquiesce to disadvantageous terms or abstain from formalising the agreement.”
The luxury Nyari-based facility has top-notch hospitality, convenient amenities, and diverse resident experiences. The residential resort features 1-4 bedroom residences, with prices starting from Sh10 million. It also includes swimming pools, a gym, a dance studio and a 6.3 acre Botanical Gardens.
Access to the Botanical Gardens was also a point of contention.
