An Act to establish Rent Authority to regulate renting of premises and to protect
the interests of landlords and tenants and to provide speedy adjudication
mechanism for resolution of disputes and matters connected therewith or
incidental thereto.
BE it enacted by the (State/Union territory Legislature) in the
Seventy-first Year of the Republic of India as follows:––
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the (Name of State/Union territory)
Tenancy Act, 2020.
(2) It extends to the whole of the State/Union territory of (Name of
State/Union territory):
(3) It shall come into force on such date as the State
Government/Union territory Administration may, by notification in the
Official Gazette, appoint and different dates may be appointed for
different provisions of this Act.
Short title, extent
and
commencement.
2. In this Act, unless the context otherwise requires,–– Definitions.
(a) “landlord”, whether called landowner or lessor or by any other
name, means a person who receives or is entitled to receive, the rent
of any premises, on his own account, if the premises were let to a
tenant, and shall include ––
(i) his successor-in-interest; and
(ii) a trustee or guardian or receiver receiving rent for any
premises or is entitled to so receive, on account of or on behalf of or
for the benefit of, any other person such as minor or person of
unsound mind who cannot enter into a contract;
41 of
2006.
(b) “local authority” means a Village Panchayat or Panchayat Samiti
or Zila Parishad or a Municipal Corporation or a Municipal Council or
a Nagar Panchayat or a Planning or Development Authority, by
whatever name called, or the Cantonment Board, or as the case may
be, a civil area committee appointed under section 47 of the
Cantonment Act, 2006 or such other body entitled to function as a
local authority in any city or town, constituted under any law for the
time being in force;
(c) “notification” means a notification published in the Official Gazette
of the State or the Official Gazette of the Union territory and the
expression “notify” with its grammatical variations and cognate
Page 5 of 28
expressions shall be construed accordingly;
(d) “premises” means any building or part of a building which is, or is
intended to be, let on rent for the purpose of residencial or
commercial use except for hotel, lodging house, dharamshala, inn
and for industrial use but includes–
(i) garden, garage or closed parking area, vacant land, grounds
and out-houses, if any, appertaining to such building or part of the
building; and
(ii) any fitting to such building or part of the building for the more
beneficial enjoyment thereof;
(e) “prescribed” means prescribed by rules made by the State
Government / Union territory Administration under this Act;
(f) “property manager” means a person or any legal entity including
rental agent who is authorised by the landlord to manage the
premises and who represents the landlord in his dealings with the
tenant;
(g) “rental agent” means any person, who negotiates or acts on
behalf of landlord or tenant or both in a transaction of renting of any
premises and receives remuneration or fees or any other charges for
his services whether as a commission or otherwise and includes a
person who introduces, through any medium, prospective landlord
and tenant to each other for negotiation for renting of premises and
includes property dealers, brokers or middlemen, by whatever name
called;
(h) “Rent Authority” means an officer appointed under section 30;
(i) “Rent Court” means a Rent Court constituted under section 33;
(j) “Rent payable” in relation to any premises means the rent as
specified in section 8;
(k) “Rent Tribunal” means a Rent Tribunal constituted under section
34;
(l) “Schedule” means a schedule annexed to this Act;
(m) “Sub-tenant” means a person to whom the tenant sublets whole
or part of the premises held by him or transfers or assigns his rights
accrued under the tenancy agreement or any part thereof upon
entering into a supplementary agreement to the existing tenancy
agreement;
(n) “Tenant”, whether called lessee or by any other name, means a
person by whom or on whose account or on behalf of whom, the rent
of any premises is payable to the landlord under a tenancy
agreement and includes any person occupying the premises as a
sub-tenant and also, any person continuing in possession after the
termination of his tenancy whether before or after the
commencement of this Act; but shall not include any person against
whom any order or decree for eviction has been made.
Page 6 of 28
43 of
1995
3. (1) Nothing in this Act shall apply to any––
(a) premises owned or promoted by the Central Government or State
Government or Union territory Administration or local authority or a
Government undertaking or enterprise or a statutory body or
Cantonment Board;
(b) premises owned by a company, University or organisation given
on rent to its employees as part of service contract;
(c) premises owned by religious or charitable institutions as may be
specified, by notification by the State Government/Union territory
Administration;
(d) premises owned by auqaf registered under the Waqf Act, 1995 or
by any trust registered under the public trust law of the State/Union
territory for the time being in force;
(e) other building or category of buildings specifically exempted in
public interest by notification by the State Government/Union territory
Administration.
(2) Notwithstanding anything contained in sub-section (1), if the owner
and tenant of the premises referred to in clause (a) to clause (e) of the
said sub-section agrees that the tenancy agreement entered into
between such landlord and tenant be regulated under the provisions
of this Act, such landlord may inform the Rent Authority of the
agreement to do so at the time of information of the tenancy
agreement under section 4.
Act not to
apply to
certain
premises.
CHAPTER II
TENANCY
4. (1) Notwithstanding anything contained in this Act or any other law
for the time being in force, no person shall, after the commencement
of this Act, let or take on rent any premises except by an agreement
in writing, which shall be informed to the Rent Authority by the
landlord and tenant jointly, in the form specified in the First Schedule
within a period of two months from the date of tenancy agreement.
(2) Where the landlord and the tenant fail to jointly inform the
execution of the tenancy agreement referred to in sub-section (1), the
landlord and tenant shall separately inform the execution of tenancy
agreement to the Rent Authority within a period of one month from
the date of expiry of the period specified in sub-section (1).
(3) The Rent Authority shall, within three months from the date of its
appointment, put in place a digital platform in the local vernacular
language or the language of the State/Union territory for enabling
submissions of document in such form and manner as may be
prescribed.
(4) The Rent Authority shall, after receiving information about the
execution of tenancy agreement along with the documents specified
in the First Schedule,––
Tenancy
agreement.
Page 7 of 28
(a) provide a unique identification number to the parties; and
(b) upload details of the tenancy agreement on its website in local
vernacular language or the language of the State/Union
territory,
within seven working days from the date of receipt of such
information, in such manner along with such documents as it may
deem fit.
(5) The terms of authorisation of the property manager, if any, by the
landlord to deal with the tenant shall be such as agreed to by the
landlord and tenant in that behalf in the tenancy agreement.
(6) The information provided under sub-section (1) and sub-section
(2) shall be conclusive proof of the facts relating to tenancy and
matters connected therewith, and in the absence of any statement of
information, the landlord and the tenant shall not be entitled to any
relief under the provisions of this Act.
5. (1) Every tenancy entered into after the commencement of this Act
shall be valid for a period as agreed upon between the landlord and
the tenant and as specified in the tenancy agreement.
(2) The tenant may request the landlord for renewal or extension of
the tenancy, within the period agreed to in the tenancy agreement,
and if agreeable to the landlord, may enter into a new tenancy
agreement with the landlord on mutually agreed terms and
conditions.
(3) Where a tenancy for a fixed term ends and has not been renewed
or the tenant fails to vacate the premises at the end of such tenancy,
then such tenant shall be liable to pay an enhanced rent to the
landlord as provided in section 23.
Provided that notwithstanding anything contained in this section, if
the term of tenancy expires at a time when the locality where the
premises let out on rent is situated is affected by any disastrous
event of force majeure, then, subject to requisition by the tenant, the
landlord shall allow the tenant to continue in possession of the said
premises till a period of one month from the date of cessation of such
disastrous event on the same terms and conditions of the tenancy
agreement already entered into.
Explanation.–– For the purposes of this section, “force majeure”
means a situation of war, flood, drought, fire, cyclone, earthquake or
any other calamity caused by nature affecting the habitation of the
tenant in the premises let out on rent.
Period of
tenancy.
6. The terms of agreement executed between landlord and tenant,
shall be binding upon their successors in the event of the death of
the landlord or tenant, as the case may be, and in such case, the
successors of the deceased landlord or tenant shall have the same
Rights and
obligations of
successor in
case of death.
Page 8 of 28
rights and obligations as agreed to in the tenancy agreement for the
remaining period of such tenancy.
7. (1) After the commencement of this Act, no tenant shall, except
by entering into a supplementary agreement to the existing tenancy
agreement,
(a) sub-let whole or part of the premises held by him as a tenant;
(b) transfer or assign his rights in the tenancy agreement or any
part thereof.
(2) Where the premises is sub-let upon entering into a supplementary
agreement to the existing tenancy agreement as referred to in subsection (1), the landlord and tenant shall jointly inform the Rent
Authority about the sub-tenancy within a period of two months from
the date of execution of such agreement in the Form specified in the
First Schedule.
CHAPTER III
RENT
8. The rent payable in respect of a premises shall be the rent agreed
to between the landlord and the tenant in accordance with the terms
of the tenancy agreement.
9. (1) The revision of rent between the landlord and the tenant shall
be in accordance with the terms of the tenancy agreement.
(2) Where, after the commencement of tenancy, the landlord has
entered into an agreement in writing with the tenant prior to the
commencement of the work and has incurred expenditure for
carrying out improvement, addition or structural alteration in the
premises occupied by the tenant, which does not include repairs
necessary to be carried out under section 15, the landlord may
increase the rent of the premises by an amount as agreed to
between the landlord and the tenant, and such increase in rent shall
become effective from one month after the completion of such work.
10. In case of any dispute between landlord and tenant regarding
revision of rent, the Rent Authority may, on an application made by
the landlord or tenant, determine the revised rent and other charges
payable by the tenant and also fix the date from which such revised
rent becomes payable.
11. (1) The security deposit to be paid by the tenant in advance shall
be such as may be agreed upon between the landlord and the tenant
in the tenancy agreement, which shall ––
Restriction on
sub-letting.
Rent payable.
Revision of rent.
Rent Authority to
determine the
revised rent in
case of dispute.
Security deposit.
Page 9 of 28
(a) not exceed two months rent, in case of residential premises;
and
(b) not exceed six months rent, in case of non-residential
premises.
(2) The security deposit shall be refunded to the tenant on the date of
taking over vacant possession of the premises from the tenant, after
making due deduction of any liability of the tenant.
CHAPTER IV
RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT
12. The tenancy agreement shall be signed in duplicate by both the
landlord and tenant, and one each of such original signed tenancy
agreement shall be retained by the landlord and tenant.
13. (1) Every tenant shall pay rent and other charges payable within
such period as agreed to in the tenancy agreement.
(2) Every landlord or his property manager shall, on receipt of
payment towards rent and other charges payable within the
stipulated period as in the tenancy agreement from the tenant,
provide forthwith against acknowledgement, a duly signed receipt for
the amount received by him:
Provided that where the payment of rent or other charges is
made by the tenant to the landlord through the electronic mode, the
bank acknowledgment thereof shall be conclusive proof of such
payment.
14. (1) Where the landlord refuses to accept any rent and other
charges payable or refuses to give a receipt, the rent and other
charges shall be paid to the landlord by postal money order or any
other method, in such manner as may be prescribed, consecutively
for two months, and if the landlord refuses to accept the rent and
other charges within such period, then the tenant may deposit the
same with the Rent Authority in such manner as may be prescribed.
(2) Where the tenant is unable to decide to whom the rent is payable
during the period of tenancy agreement, the tenant may, in such
case, deposit the rent with the Rent Authority in such manner as may
be prescribed.
(3) Where the rent is deposited under sub-section (1) or sub-section
(2), the Rent Authority shall enquire the case as to whom the rent is
payable and pass orders as may deem fit on the basis of the facts of
the case.
(4) The withdrawal of rent and other charges payable, deposited
Original tenancy
agreement to be
retained by
landlord and
tenant.
Rent and other
charges payable
and receipt for
payment thereof.
Deposit of rent
with Rent
Authority.
Page 10 of 28
under sub-section (1) or sub-section (2), shall not by itself operate as
an admission against the landlord or any other claim made by the
tenant, if the landlord withdraws it to the extent of rent agreed upon
under the tenancy agreement.
15. (1) Notwithstanding any agreement in writing to the contrary, the
landlord and the tenant shall keep the premises in as good a
condition as at the commencement of the tenancy, except for normal
wear and tear, and shall respectively be responsible to repair and
maintain the said premises as specified in the Second Schedule or
as agreed to in the tenancy agreement.
(2) In case of common facilities shared among the tenants or with the
landlord, the respective responsibilities of the tenant and landlord to
repair and maintain those facilities shall be such as may be specified
in the tenancy agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in
sub-section (1) or sub-section (2), the landlord may carry out the
repairs or remove the additional structure erected by tenant without
consent of landlord and deduct the amount incurred for such repairs
or removal as the case may be, from the security deposit and the
amount so deducted shall be paid by the tenant within a period of
one month of issue of notice by the landlord in that regard:
Provided that if the cost for such repairs exceed the security deposit,
the tenant shall be liable to pay the excess cost including the security
deposit so deducted to the landlord within a period of one month of
the issue of notice by the landlord in that regard.
(4) In case the landlord refuses to carry out the repairs referred to in
sub-section (1) or sub-section (2), the tenant may carry out such
repairs and deduct the expenditure incurred towards the same from
the rent to be paid for the succeeding months:
Provided that in no case the deduction from rent in any one
month shall exceed fifty per cent of the agreed rent for a month.
(5) Where the premises is uninhabitable without the repairs and the
landlord refuses to carry out the required repairs, after being called
upon by the tenant in writing to do so, the tenant may abandon the
premises after giving the landlord fifteen days notice in writing.
(6) Where the premises let out on rent becomes uninhabitable for the
tenant due to an event of force majeure or the tenant is unable to
reside due to occurrence of such event, the landlord shall not charge
rent from the tenant until the said premises is restored by the
landlord, subject to the provisions of this section, to be inhabitable:
Provided that where the rented premises becomes uninhabitable
as specified in sub-section (5) or this sub-section and the landlord
Repair and
maintenance
of property.
Page 11 of 28
fails to carry out the required repairs to make it inhabitable or the said
premises could not be made inhabitable, then, the security deposit
and advance rent shall be refunded by the landlord to the tenant
within a period of fifteen days of the expiry of the notice period, after
making due deduction of liability of the tenant, if any.
Explanation.–– For the purposes of this section, “force
majeure” means a situation of war, flood, drought, fire, cyclone,
earthquake or any other calamity caused by nature affecting the
habitation of the tenant in the premises let out on rent.
16. During the subsistence of tenancy, the tenant shall ––
(a) not intentionally or negligently damage the premises or permit
such damage;
(b) inform in writing the landlord of any damage;
(c) take reasonable care of the premises and its contents
including fitting and fixtures and keep it reasonably habitable
having regard to its condition at the commencement of tenancy
and the normal incidence of living.
Tenant to look
after premises.
17. (1) Every landlord or the property manager may enter the
premises let out on rent after serving a notice, in writing or through
electronic mode, to the tenant at least twenty four hours before the
time of entry under the following circumstances, namely:––
(a) to carry out repairs or replacement or to do or to get work
done in the premises; or
(b) to carry out an inspection of the premises for the purpose of
determining whether the premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the
tenancy agreement.
(2) The notice referred to in sub-section (1) shall specify the day,
time and reason for entry:
Provided that no person shall enter the premises before sun
rise and after sun set.
Provided further that nothing contained in this section shall
prevent the landlord from entering into the premises let out on rent
without prior notice to the tenant in case of emergent situations like
war, flood, fire, cyclone, earthquake or any other natural calamity,
which may affect that premises.
Entry into
premises.
Page 12 of 28
18. In case the landlord has engaged a property manager, the
landlord shall provide the following information to the tenant,
namely:––
(a) name of the property manager;
(b) proof that such property manager is authorised by the
landlord;
(c) specific purposes for which the property manager has been
authorised by the landlord and the period of such authorisation;
and
(d) if the property manager is a legal entity, the name of the
entity and the person authorised in this behalf by that legal entity
who may be contacted in relation to the tenancy agreement.
19. (1) The duties of the property manager shall include the
following, namely:––
(a) to collect rent against receipt;
(b) to do essential repairs on behalf of the landlord;
(c) to inspect the premises from time to time;
(d) to give notices to tenant for––
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between
landlord and tenant;
Information
as to
property
manager.
Duties of
property
manager
and
consequences
of violation of
duties.
(f) any other matters relating to tenancy to be acted upon only on
the instructions of the landlord.
(2) Where the property manager acts, in contravention of the
provisions of sub-section (1) or against the instructions of the
landlord, the Rent Authority may, on an application made to it by
the landlord or tenant in that behalf, remove the property manager
or impose such costs on the property manager so as to
compensate any loss incurred by the landlord or tenant due to
such contravention.
20. (1) No landlord or property manager shall, either by himself or
through any other person, withhold any essential supply or service in
the premises occupied by the tenant.
(2) In case of contravention of provisions of sub-section (1) and on
application made by the tenant in this behalf, the Rent Authority after
examining the matter, may pass an interim order directing the
Withholding
essential supply
or service.
Page 13 of 28
restoration of supply of essential services immediately on service of
such order upon the landlord or property manager, as the case may
be, pending the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an enquiry in respect of the
application made by the tenant under sub-section (2), and complete
the inquiry within one month of filing such application.
(4) The Rent Authority may, after giving a reasonable opportunity of
being heard, award a compensation not exceeding two months rent
to be paid by the person responsible for withholding the essential
supply, so as to compensate the loss incurred.
(5) The Rent Authority may levy a penalty of a sum not exceeding
twice the monthly rent to the tenant, if it finds that the application was
frivolous or vexatious.
Explanation.–– For the purposes of this section, essential services
includes supply of water, electricity, piped cooking gas supply, lights
in passages, lifts and on staircase, conservancy, parking,
communication links, sanitary services and security fixtures and
features.
CHAPTER V
EVICTION AND RECOVERY OF POSSESSION OF PREMISES BY
LANDLORD
4 of
1882
21. (1) A tenant shall not be evicted during the continuance of
tenancy agreement unless otherwise agreed to in writing by the
landlord and tenant, except in accordance with the provisions of subsection (2) or in accordance with the provisions of section 22.
(2) The Rent Court may, on an application made to it by the landlord
in such manner as may be prescribed, make an order for eviction
and recovery of possession of the premises on one or more of the
following grounds, namely: –
(a) that the tenant does not agree to pay the rent payable under
section 8;
(b) that the tenant has not paid the arrears of rent and other
charges payable in full as specified in sub-section (1) of section
13 for two consecutive months, including interest for delayed
payment as may be specified in the tenancy agreement within a
period of one month from the date of service of notice of demand
for payment of such arrears of rent and other charges payable to
the landlord in the manner provided in sub-section (4) of section
106 of the Transfer of Property Act, 1882;
(c) that the tenant has, after the commencement of this Act,
parted with the possession of whole or any part of the premises
Eviction and
recovery of
possession of
premises by
landlord.
Page 14 of 28
without obtaining the written consent of the landlord;
(d) that the tenant has continued to misuse the premises even
after receipt of notice from the landlord to desist from such
misuse.
Explanation.–– For the purposes of this clause, “misuse of
premises” means encroachment of additional space by the
tenant or use of premises which causes public nuisance or
causes damage to the property or is detrimental to the interest of
the landlord or for immoral or illegal purposes;
(e) where it is necessary for the landlord to carry out any repair
or construction or rebuilding or addition or alteration or
demolition in respect of the premises or any part thereof, which
is not possible to be carried out without the premises being
vacated:
Provided that after such repair, construction, rebuilding,
addition or alteration, the tenant may be allowed to reoccupy the
premises only when it has been mutually agreed to between the
landlord and the tenant and a new tenancy agreement has been
submitted with the Rent Authority:
Provided further that the tenant shall not be allowed to
reoccupy the premises––
(i) in the absence of submission of such mutual tenancy
agreement with the Rent Authority; and
(ii) in cases where the tenant has been evicted under the
orders of a Rent Court;
(f) that the premises or any part thereof is required by the
landlord for carrying out any repairs, construction, rebuilding,
additions, alterations or demolition, for change of its use as a
consequence of change of land use by the competent authority.
Explanation.–– For the purposes of this clause, the
expression “competent authority” means the Municipal
Corporation or the Municipality or the Development Authority or
any other authority, as the case may be, which provides
permission on matters relating to repair or redevelopment or
demolition of building or permission for change in land use:
(g) that the tenant has given written notice to vacate the
premises let out on rent and in consequence of that notice the
landlord has contracted to sell the said premises or has taken
any other step, as a result of which his interests would seriously
suffer if he is not put in possession of that premises;
(h) that the tenant has carried out any structural change or
erected any permanent structure in the premises let out on rent
without the written consent of the landlord.
Page 15 of 28
(3) No order for eviction of the tenant on account of failure to pay the
rent specified in clause (b) of sub-section (2) shall be made, if the
tenant makes payment to the landlord or deposits with the Rent
Court the arrears of rent and other charges payable, if any, including
interest within one month from the date of service of the said
demand notice upon him.
(4) Where the tenant fails to pay rent consecutively for two months
subsequent to the grant of the relief specified in sub-section (3) in
any one year, then the tenant shall not be entitled to such relief
again.
(5) In any proceedings for eviction under clause (e) of sub-section
(2), the Rent Court may allow eviction from only a part of the
premises, if the landlord agrees for the same.
22. (1) Notwithstanding anything contained in this Act or any other
law for the time being in force, in case of death of the landlord, where
there is a bonafide requirement of the premises let out on rent by the
legal heirs of the landlord during the period of tenancy, such legal
heirs may file an application in this behalf for eviction and recovery of
possession of the said premises before the Rent Court in such form
and manner, as may be prescribed.
(2) The Rent Court may, on an application made to it under subsection (1), if it is satisfied that the legal heirs of the deceased
landlord are in bonafide requirement of the premises let out on rent,
pass necessary orders against the tenant for handing over vacant
possession of the said premises to the legal heirs of the deceased
landlord.
Eviction and
recovery of
possession of
premises in case
of death of
landlord.
23. Where the tenant fails to vacate the premises let out on rent in
accordance with the tenancy agreement on the expiration of the
period of tenancy or termination of tenancy by an order or notice
under the provisions of this Act, such tenant shall be liable to pay the
landlord ––
(a) twice the monthly rent for the first two months; and
(b) four times the monthly rent thereafter till the tenant continues to
occupy the said premises.
Enhancement of
rent in case of
refusal by tenant
to vacate.
24. (1) Where a landlord exercises the right of recovery of
possession under sub-section (2) of section 21 or under section 22,
and he had received any rent or any other payment in advance from
the tenant, he shall before recovery of possession, refund to the
tenant such amount after deducting the rent and other charges due
to him.
(2) If the landlord fails to make any refund, he shall be liable to pay
Refund of
advance rent by
landlord.
Page 16 of 28
simple interest to the tenant at such rate as may be prescribed from
time to time on the amount which he has omitted or failed to refund.
25. In any proceedings for recovery of possession on any ground
other than that referred to in clause (a) or clause (b) of sub-section
(2) of section 21, where the tenant contests the claim for eviction, the
landlord may at any stage of the proceedings apply to the Rent Court
to direct the tenant to pay him the rent payable, as under section 8,
and the Rent Court may order the tenant to make such payment and
all other charges due from the tenant along with penal charges, if
any, due to delay in payment, in accordance with the provisions of
sub-section (1) of section 14.
Payment of rent
during eviction
proceedings.
26. (1) Tenant shall not carry out any structural change or erect any
permanent structure in the premises let out on rent without the
written consent of the landlord.
(2) Where the landlord proposes to make any improvement in or
construct any additional structure on any premises which has been
let out to a tenant and the tenant refuses to allow the landlord to
make such improvement or construct such additional structure, the
landlord may make an application in this behalf to the Rent Court.
(3) On an application made by the landlord under sub-section (2), if
the Rent Court is satisfied that the landlord is ready and willing to
commence the work which is necessary, the Rent Court may permit
the landlord to do such work and may make such other order as it
may deem fit:
Provided that such improvement or additional structure shall not
decrease or diminish or deteriorate the accommodation or housing
services in the premises which may cause undue hardship to the
tenant.
Provided further that it shall be the responsibility of the tenant to
remove any such additional structure built by tenant without consent
of landlord.
Permission to
build additional
structures.
27. (1) Notwithstanding anything contained in section 21 or section
22, where any premises let out for rent comprises vacant land, upon
which it is permissible under the municipal bye-laws for the time
being in force to erect any building whether for residence or for any
other purpose, and the landlord who intends to erect such building is
unable to obtain possession of the same from the tenant on the basis
of the tenancy agreement, the landlord or, in case of death of the
landlord, his legal heirs, may file an application in this behalf, in such
form and manner as may be prescribed, before the Rent Court.
Special
provision
regarding vacant
land.
Page 17 of 28
(2) The Rent Court may, on receipt of the application referred to in
sub-section (1), if it is satisfied that the landlord is or, as the case
may be, his legal heirs are ready and willing to commence the work
and that the severance of the vacant land from the rest of the
premises shall not cause undue hardship to the tenant,––
(a) direct such severance after such enquiry as it may deem fit;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest
of the premises; and
(d) make such other orders as it may deem fit in the
circumstances of the case.
28. Notwithstanding anything contained in any other law for the time
being in force, where the interest, of a landlord or in case of death of
the landlord, of his legal heirs in any premises is determined for any
reason whatsoever and any order is made by the Rent Court under
this Act for the recovery of possession of such premises, such order
shall, subject to the provisions of sub-section (3) of section 21, be
binding on all occupants who may be in occupation of the premises
and vacant possession thereof shall be given by all such occupants
to the landlord or to the legal heirs of the landlord.
Vacant
possession to
landlord.
29. Notwithstanding anything contained in this Act or any other law
for the time being in force, a tenant may give up possession of the
premises on giving such written notice as is required under the
tenancy agreement and in the absence of any stipulation relating to
such notice, the tenant shall give notice to the landlord of at least one
month before giving up possession of the premises.
Provisions
regarding notice
of giving up
possession by
tenant.
CHAPTER VI
RENT AUTHORITIES,
THEIR POWERS AND APPEALS
30. The District Collector or District Magistrate shall, with the
previous approval of the State Government/Union territory
Administration, appoint an officer, not below the rank of Deputy
Collector, to be the Rent Authority within his jurisdiction.
Rent Authority.
31. The Rent Authority shall have all the powers as are vested in a Power and
Page 18 of 28
Rent Court under this Act in respect of any proceedings initiated
under sections 4, 9, 10, 14, 15, 19 or section 20 and the procedure
as laid down in sections 35 and 36 shall apply in such proceedings.
procedure of
Rent Authority.
5 of
1908
32. (1) Any person aggrieved by the order of the Rent Authority may
prefer an appeal to the Rent Court having territorial jurisdiction.
(2) The appeal under sub-section (1) shall be preferred within a
period of thirty days from the date of the order of the Rent Authority.
CHAPTER VII
RENT COURTS AND RENT TRIBUNALS
33. The District Collector or District Magistrate shall, with the
previous approval of the State Government/ Union territory
Administration, appoint Additional Collector or Additional District
Magistrate or an officer of equivalent rank, to be the Rent Court for
the purposes of this Act, within his jurisdiction.
34. The State Government/ Union territory Administration may, in
consultation with the jurisdictional High Court, may by notification,
appoint District Judge or Additional District Judge as Rent Tribunal in
each district.
35. (1) Save as provided in this section, nothing contained in the
Code of Civil Procedure, 1908 shall apply to the Rent Courts and
Rent Tribunals, which shall be guided by the principles of natural
justice and shall have power to regulate their own procedure in the
following manner, namely:––
(a) the landlord or the tenant may file an application or appeal before
the Rent Court or, as the case may be, the Rent Tribunal
accompanied by affidavit and documents, if any;
(b) the Rent Court or, as the case may be, the Rent Tribunal shall
then issue notice to the opposite party, accompanied by copies of
application or appeal, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and
documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy to
the opposite party;
Appeals.
Rent Court
Rent Tribunal
Procedure to be
followed in Rent
Court and Rent
Tribunal.
Page 19 of 28
(e) the Rent Court or, as the case may be, the Rent Tribunal shall fix
a date of hearing and may hold such summary inquiry as it deems
necessary.
(2) The Rent Court or, as the case may be, the Rent Tribunal shall
endeavor to dispose the case as expeditiously as possible, not
exceeding a period of sixty days from the date of receipt of the
application or appeal:
Provided that where any such application or, as the case may be,
appeal could not be disposed of within the said period of sixty days,
the Rent Court or the Rent Tribunal shall record its reasons in writing
for not disposing of the application or appeal within that period.
(3) In every application or appeal, before the Rent Court or the Rent
Tribunal, the evidence of a witness shall be given by affidavit:
Provided that the Rent Court or, as the case may be, the Rent
Tribunal may, where it appears to it that it is necessary in the interest
of justice to call a witness for examination or cross-examination,
order attendance of such witness to be present for examination or
cross-examination.
5 of
1908
(4) The provisions of the Code of Civil Procedure, 1908 regarding
service of summons shall be applicable mutatis mutandis for service
of notice by the Rent Court or Rent Tribunal.
(5) Every application or appeal shall be in such form as may be
prescribed.
(6) The Rent Authority or Rent Court or the Rent Tribunal as the case
may be, shall not allow more than three adjournments at the request
of a party throughout the proceedings and in case of reasonable and
sufficient cause to do so, it shall record the reasons for the same in
writing and order the party requesting adjournment to pay a
reasonable cost.
(7) Every application under clauses (a), (b), (e), (f) and (g) of subsection (2) of section 21 or under section 22 shall be decided within
ninety days from the date of filing of such application in the Rent
Court.
(8) The Rent Court shall decide every application filed under clause
(c) and (d) of sub-section (2) of section 21 within thirty days from the
date of filing of such application.
5 of
1908
36. (1)The Rent Court and the Rent Tribunal shall, for discharging
their functions under this Act, have the same powers as are vested in
a civil court under the Code of Civil Procedure, 1908 for the purposes
of, –
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or
Powers of Rent
Court and Rent
Tribunal.
Page 20 of 28
45 of
1860.
2 of
1974
documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it exparte;
(g) setting aside any order of dismissal of any application or
appeal for default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Act without
reference to any civil court;
(i) reviewing its orders and decisions;
(j) revision of orders and decisions of Rent Authority and Rent
Court and;
(k) any other matter, which may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be
deemed to be a judicial proceeding within the meaning of section 193
and 228, and for the purpose of section 196, of the Indian Penal
Code; and the Rent Court and the Rent Tribunal shall be deemed to
be a civil court for the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973.
(3) For the purposes of holding any inquiry or discharging any duty
under this Act, the Rent Court may,––
(a) after giving not less than twenty-four hours notice in writing,
enter and inspect or authorise any officer, subordinate to it, to
enter and inspect, any premises at any time between sunrise and
sunset;
(b) by written order, require any person to produce for its
inspection such books or documents relevant to the inquiry, at
such time and at such place as may be specified in the order.
(4) The Rent Court may, if it thinks fit, appoint one or more persons
having special knowledge of the matter under consideration as an
assessor or valuer to advise it in the proceeding before it.
(5) Any clerical or arithmetical mistake in any order passed by the
Rent Court or any other error arising out of any accidental omission
may, at any time, be corrected by the Rent Court on an application
received by it in this behalf from any of the parties or otherwise.
(6) The Rent Court may exercise the powers of a Judicial Magistrate
of the first class for the recovery of the fine under the provisions of
the Code of Criminal Procedure, 1973 and the Rent Court shall be
deemed to be a Magistrate under the said Code for the purposes of
such recovery.
(7) An order made by a Rent Court or an order passed in appeal or
revision, or review under this Chapter shall be executable by the
Page 21 of 28
Rent Court as a decree of a civil court and for this purpose, the Rent
Court shall have the powers of a civil court.
(8) The Rent Court may set aside any order passed ex-parte if the
aggrieved party files an application and satisfies it that notice was not
duly served or that he was prevented by any sufficient cause from
appearing when the case was taken up for hearing.
(9) Save as otherwise expressly provided in this Act, every order
made by the Rent Court shall, subject to decision in appeal, be final
and shall not be called in question in any original suit, application or
execution proceedings.
37. (1)Any person aggrieved by an order passed by the Rent Court,
may prefer an appeal along with a certified copy of such order to the
jurisdictional Rent Tribunal within the local limits of which the
premises is situated, within a period of thirty days from the date of
that order.
(2) The Rent Tribunal, upon filing an appeal under sub-section (1)
shall serve notice, along with a copy of appeal to the respondent and
fix a hearing not later than thirty days from the date of service of
notice of appeal on the respondent and the appeal shall be disposed
of within a period of sixty days from such date of service.
(3) Where the Rent Tribunal considers it necessary in the interest of
arriving at a just and proper decision, it may allow documents at any
stage of the proceedings in appeal:
Provided that no such document shall be allowed more than once
during the hearing.
(4) The Rent Tribunal may, in its discretion, pass such interlocutory
order during the pendency of the appeal, as it may deem fit.
(5) While deciding the appeal, the Rent Tribunal may, after recording
reasons therefor, confirm, set aside or modify the order passed by a
Rent Court.
38. (1)The Rent Court shall, on an application filed by any party,
execute an order of a Rent Court or a Rent Tribunal or any other
order made under this Act, in such manner as may be prescribed,
by––
Appeal to Rent
Tribunal.
Execution of
order
Page 22 of 28
(a) delivering possession of the premises to the person in whose
favour the decision has been made; or
(b) attaching one or more bank accounts of the opposite party for
the purpose of recovering the amount specified in such order;
or
(c) appointing any advocate or any other competent person
including officers of the Rent Court or local administration or
local body for the execution of such order.
(2) The Rent Court may take the help from the Local Government or
local body or the local police for the execution of the final orders:
Provided that no applicant shall obtain police help unless he pays
such costs as may be decided by the Rent Court.
(3) The Rent Court shall conduct the execution proceedings, in
relation to its order or an order of a Rent Tribunal or any other order
passed under this Act, in a summary manner and dispose of the
application for execution made under this section within a period of
thirty days from the date of service of notice on opposite party.
CHAPTER VIII
MISCELLANEOUS
39. The State Government/Union territory Administration may, in
consultation with the Rent Authority or Rent Court or Rent Tribunal,
determine the nature and categories of officers and other employees
as it considers necessary and appoint such officers and other
employees for the efficient discharge of their functions under this Act.
Officers and
other employees
of Rent Authority,
Rent Court and
Rent Tribunal.
40. (1) Save as otherwise provided in this Act, no civil court shall
entertain any suit or proceeding in so far as it relates to the
provisions of this Act.
(2) The jurisdiction of the Rent Court shall be limited to tenancy
agreement submitted to it as specified in the First Schedule and shall
not extend to the question of title or ownership of premises.
Jurisdiction of
civil courts
barred in respect
of certain
matters.
Page 23 of 28
7 of
1870
41. (1)The provisions of the Court Fees Act, 1870 shall apply in
respect of applications or appeals to be presented before the Rent
Authority or Rent Court or Rent Tribunal, as the case may be.
(2) For the purposes of computation of court fees, the application for
recovery of possession made to the Rent Court and the
memorandum of appeals presented before the Rent Tribunal, shall
be deemed to be a suit between the landlord and the tenant.
(3) The court fees for the application filed before the Rent Authority
shall be same as that of an interlocutory application presented in a
civil court.
Court fees.
45 of
1860
42. Every member of Rent Authority, Rent Court and Rent Tribunal
appointed under this Act shall be deemed to be a public servant
within the meaning of section 21 of the Indian Penal Code.
Members, etc., to
be public
servants.
43. No suit, prosecution or other legal proceeding shall lie against
any person, Rent Authority, Rent Court or Rent Tribunal in respect of
anything which is in good faith done or intended to be done in
pursuance of this Act.
Protection of
action taken in
good faith.
44. (1) The State Government/Union territory Administration may,
subject to the condition of previous publication, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:––
(a) the form and manner of digital platform to be put in
place by the Rent Authority in the local vernacular
language or the language of the State/Union territory
for enabling submissions of documents under subsection (3) of section 4;
(b) the manner of payment of rent and other charges to the
landlord by the tenant by postal money order or any
other method and the manner of deposit of rent and
other charges with the Rent Authority on refusal by
landlord to accept the same under sub-section (1) and
the manner of deposit of rent with the Rent Authority
under sub-section (2), of section 14;
(c) manner of making an application for the recovery of
possession of the premises under sub-section (2) of
section 21;
Power to make
rules.
Page 24 of 28
(d) form and manner of making an application for the
recovery of possession of the premises under subsection (1) of section 22;
(e) rate of interest payable to the tenant where the landlord
fails to make refund under sub-section (2) of section 24;
(f) the form and manner of filing application by the landlord
before the Rent Court for obtaining possession of the
premises let out on rent for erecting building under subsection (1) of section 27;
(g) the form of filing application before Rent Court and
appeal before the Rent Tribunal under sub-section (5)
of section 35;
(h) any other matter to be provided under clause (k) of subsection (1) of section 36;
(i) the manner of execution of an order of a Rent Court or
a Rent Tribunal or any other order made under this Act
under sub-section (1) of section 38;
(j) any other matter which is required to be, or may be,
prescribed under the provisions of this Act.
45. Every rule made by the State Government/Union territory
Administration under this Act shall be laid as soon as may be, after it
is made, before the State Legislature/Union territory Legislature
where it consists of two Houses, or where such Legislature consists
of one House, before that House.
Laying of rules.
46. (1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government/Union territory Administration may, by
order published in the Official Gazette, not inconsistent with the
provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be
after it is made be laid before each House of State Legislature/Union
territory Legislature.
Power to remove
difficulties.
47. (1) The State/Union territory Rent Control Act, which is in force
immediately before the commencement of this Act, is hereby
repealed.
Repeal and
savings.
Page 25 of 28
(2) Notwithstanding such repeal, all cases and other proceedings
under the said State/Union territory Rent Control Act pending, at the
commencement of this Act, shall be continued and disposed of in
accordance with the provisions of the said State/Union territory Rent
Control Act, as if that Act had continued to be in force and this Act
had not been enacted.
Page 26 of 28
THE FIRST SCHEDULE
[See section 4(1)]
FORM FOR INFORMATION OF TENANCY
To,
The Rent Authority
___________________
________________ (Address)
1. Name and address of the landlord : _____________________
2. Name and address of the Property Manager
(if any)
: _____________________
3. Name(s) and address of the tenant, including
email and contact details,
: _____________________
4. Description of previous tenancy, if any : _____________________
5. Description of premises let to the tenant
including appurtenant land, if any
: _____________________
6. Date from which possession is given to the
tenant
: _____________________
7. Rent payable as in section 8 : _____________________
8. Furniture and other equipment provided to the
tenant
: _____________________
9. Other charges payable :
a. Electricity : _____________________
b. Water : _____________________
c. Extra furnishing, fittings and fixtures : _____________________
d. Other services : _____________________
10. Attach rent or lease or tenancy agreement : _____________________
11. Duration of tenancy (Period for which let) : _____________________
12. Permanent Account Number (PAN) of landlord: : _____________________
13. Aadhaar number of landlord: : ____________________
14. Mobile Number & E-mail id of landlord
(if available)
: ___________________
15. Permanent Account Number (PAN)of tenant : _____________________
Page 27 of 28
16. Aadhaar number of tenant
17. Mobile Number & E-mail id
of tenant
18. Permanent Account Number
(PAN)of Property Manager (if any)
19. Aadhaar number of Property
Manager (if any)
20. Mobile Number & E-mail id of
Property Manager (if any)
: _____________________
Name and signature of landlord Name and signature of tenant
Enclosed:
1. Tenancy Agreement.
2. Self-attested copies of PAN and Aadhaar of landlord.
3. Self-attested copies of PAN and Aadhaar of tenant.
: _____________________________
: _____________________________
: _____________________________
: _____________________________
Photograph of
landlord
Photograph of
tenant
Page 28 of 28
THE SECOND SCHEDULE
[See section 15 (1)]
DIVISION OF MAINTENANCE RESPONSIBILITY BETWEEN THE LANDLORD
AND THE TENANTS
Unless otherwise agreed in the tenancy agreement, the landlord shall be responsible
for repairs relating to matters falling under Part A and the tenant shall be responsible
for matters falling under Part B.
Part A:
Responsibilities of the Landlord
1. Structural repairs except those necessitated by damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows.
3. Changing and plumbing pipes when necessary.
4. Internal and external electrical wiring and related maintenance when necessary.
Part B:
Periodic repairs to be got done by the tenant
1. Changing of tap washers and taps.
2. Drain cleaning.
3. Water closet repairs.
4. Wash Basin repairs.
5. Bath tub repairs.
6. Geyser repairs.
7. Circuit breaker repairs
8. Switches and socket repairs.
9. Repairs and replacement of electrical equipment except major internal and
external wiring changes.
10. Kitchen fixtures repairs.
11. Replacement of knobs and locks of doors, cupboard, windows etc.
12. Replacement of fly-nets.
13. Replacement of glass panels in windows, doors etc.
14. Maintenance of gardens and open spaces let out to or used by the tenant.