Section 8
The rent payable in relation to a premises shall be,— (a) in case of new tenancies entered into after the commencement of this Act, the rent agreed to between the landlord and the tenant at the commencement of the tenancy; (b) in case of tenancies entered into before the commencement of this Act, after the expiry of twelve months from the commencement of this Act, rent payable shall be as provided in clause (a), and— (i) the landlord shall intimate the tenant two months prior to the expiry of the said twelve months about the revision in rent, if required; (ii) in the absence of an agreement between the landlord and the tenant on the rent payable as provided in clause (a), the landlord shall have the option to terminate the tenancy as per clause (a) of sub-section (2) of section 21. 9. (1) Revision of rent between the landlord and the tenant shall be as per the terms set out in the tenancy agreement. (2) Save as agreed in the agreement, the landlord shall give a notice in writing three months before the revised rent becomes due. (3) If a tenant who has been given notice of an intended increase of rent under sub-section (2), fails to give the landlord notice of termination of tenancy, the tenant shall be deemed to have accepted whatever rent increase has been proposed by the landlord. (4) In case the premises has been let for a fixed term, rent may not be increased during the currency of the tenancy period unless the amount of increase or method of working out the increase is expressly set out in the tenancy agreement. (5) No tenant shall directly or indirectly sublet or assign, whole or part of the premises for a rent that is higher than the rent or the proportionate rent charged by the landlord to the tenant. (6) Where the landlord, after the commencement of tenancy and with agreement with the tenant has incurred expenditure on account of improvement, addition or structural alteration in the premises occupied by the tenant, which Rent payable. Revision of rent.
8. The rent payable in relation to a premises shall be,— (a) in case of new tenancies entered into after the commencement of this Act, the rent agreed to between the landlord and the tenant at the commencement of the tenancy; (b) in case of tenancies entered into before the commencement of this Act, after the expiry of twelve months from the commencement of this Act, rent payable shall be as provided in clause (a), and— (i) the landlord shall intimate the tenant two months prior to the expiry of the said twelve months about the revision in rent, if required; (ii) in the absence of an agreement between the landlord and the tenant on the rent payable as provided in clause (a), the landlord shall have the option to terminate the tenancy as per clause (a) of sub-section (2) of section 21. 9. (1) Revision of rent between the landlord and the tenant shall be as per the terms set out in the tenancy agreement. (2) Save as agreed in the agreement, the landlord shall give a notice in writing three months before the revised rent becomes due. (3) If a tenant who has been given notice of an intended increase of rent under sub-section (2), fails to give the landlord notice of termination of tenancy, the tenant shall be deemed to have accepted whatever rent increase has been proposed by the landlord. (4) In case the premises has been let for a fixed term, rent may not be increased during the currency of the tenancy period unless the amount of increase or method of working out the increase is expressly set out in the tenancy agreement. (5) No tenant shall directly or indirectly sublet or assign, whole or part of the premises for a rent that is higher than the rent or the proportionate rent charged by the landlord to the tenant. (6) Where the landlord, after the commencement of tenancy and with agreement with the tenant has incurred expenditure on account of improvement, addition or structural alteration in the premises occupied by the tenant, which Rent payable. Revision of rent.
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 between the landlord and the tenant, prior to the commencement of the work and such increase in rent shall become effective from one month after the completion of work.
Where after the rent of a premises has been agreed or fixed, there has been a decrease or diminution or deterioration of accommodation or housing services in the premises, the tenant may claim a reduction in the rent and may approach the Rent Authority in case of conflict.
The landlord may, either restore the premises and the housing services as at the commencement of tenancy or agree for a reduction in rent.
The Rent Authority, on an application made by the landlord or tenant, shall fix or revise, as the case may be, the rent and other charges payable by the tenant and also fix the date from which the revised rent becomes payable.
(1) Save an agreement to the contrary, it shall be unlawful to charge a security deposit in excess of three times the monthly rent.
The security deposit shall be refunded to the tenant within one month after vacation of the premises, after making due deduction of any liability of the tenant.
CHAPTER IV.
OBLIGATIONS OF LANDLORD AND TENANT.
After the tenancy agreement has been signed by both the landlord and tenant, the landlord shall give one original signed and registered agreement to the tenant within fifteen days of the agreement being signed by them in the manner as may be prescribed.
(1) Every tenant shall pay rent and other charges payable within the stipulated period as in the tenancy agreement.
Every tenant who makes payment of rent or other charges payable or advance towards such rent or other charges to his landlord, shall be entitled, against acknowledgement, to obtain forthwith from the landlord or his property manager, a written receipt for the amount paid to him, signed by the landlord or his property manager.
(1) Where the landlord does not accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be sent to the landlord by postal money order or any other method as may be prescribed consecutively for two months, and if the landlord does not accept the rent and other charges within the said period, then, the tenant shall deposit the same with the Rent Authority.
Whenever there is bona fide doubt about the person or persons to whom the rent is payable, the tenant shall deposit such rent and other charges with the Rent Authority.
On deposit of the rent and other charges, the Rent Authority shall investigate the case and pass an order based on facts of the case.
The withdrawal of rent and other charges deposited under subsection (1) or sub-section (2), as the case may be, shall not operate as an admission against the person withdrawing it to the correctness of rent or any other fact stated by the tenant.
Rent Authority to fix or revise rent.
Security deposit.
Agreement to be given to the tenant.
Receipt to be given for rent paid.
Deposit of rent with the Rent Authority.
Repair and maintenance of property.
Tenant to look after the premises.
Entry with notice.
Information about the property manager.
Any rent and charges not withdrawn for five years by any person entitled to withdraw shall be forfeited by the Government.
(1) Notwithstanding any contract in writing to the contrary, the landlord and the tenant shall be bound to keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall be responsible for the respective repairs and maintenance as specifiedin the Second Schedule.
(2) In case of common facilities shared among the tenants or with the landlord, the respective responsibilities of each tenant and landlord shall be specified in the tenancy agreement.
(3) In the event of tenant's refusal to carry out the scheduled or agreed repairs, the landlord shall get the repairs done and deduct the amount from the security deposit.
In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant can get the work done and deduct the same from monthly rent:
Provided that in no case will the deduction from rent in any one month exceed fifty per cent of the agreed rent for one month.
In case the premises is uninhabitable without the repairs and the landlord has refused to carry out the required repairs, after being called upon to get the repairs done in writing by the tenant, the tenant shall have the right to abandon the premises after giving landlord fifteen days notice in writing or by approaching the Rent Authority.
During the tenancy, the tenant shall—
(a) not intentionally or negligently damage the premises or permit such damage;
(b) notify the landlord of any damage as soon as possible;
(c) take reasonable care of the premises and its contents and keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living.
(1) A landlord or the property manager may enter a premises in accordance with written notice given 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 do or get work done in the premises;
(b) to carry out an inspection of the premises for the purpose of determining whether the premises is in a habitable state;
(c) for any other reasonable reason for entry specified in the tenancy agreement.
The written notice shall specify the reason for entry, the day and time of entry between 7.00 A.M. to 8.00 P.M.
In case the landlord has hired a property manager, the landlord shall provide the tenant, the following information, namely:—
(a) property manager’s name;
(b) the proof that he is agent of the landlord and employed by the landlord;
(c) if the property manager is a company, name of the company, employee who can be contacted in relation to the tenancy agreement.
The functions of the property manager may include the following, namely:—
(a) collection of rent against receipt;
(b) getting essential repairs done on behalf of the landlord;
(c) inspection of the premises, from time to time;
(d) giving notices to tenant for—
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises; and
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between landlord and tenant;
(f) any other matters relating to tenancy.
(1) No landlord or tenant either by himself or through any person shall cut-off or withhold any essential supply or service in the premises occupied by the tenant or the landlord.
In case of contravention of sub-section (1) and on complaint from the tenant or the landlord, as the case may be, the Rent Authority, after examining the matter, may pass an interim order directing the restoration of supply of essential services immediately pending the inquiry referred to in subsection (3).
The Rent Authority shall conduct an inquiry against the complaint made by the landlord or the tenant, as the case may be, and complete the inquiry within one month of filing of such complaint.
The Rent Authority may also levy a penalty on the person responsible for cutting off or withholding the essential supply, which may extend to an amount of loss or damage as may be prescribed.
The Rent Authority may direct that compensation be paid to the landlord or tenant if it finds that the complaint was made frivolously or vexaciously.
Explanation.—For the purpose of this section, essential services includes supply of water, electricity, lights in passages, lifts and on staircases, conservancy, parking, communication links, sanitary services and the like.
CHAPTER V.
REPOSSESSION OF THE PREMISES BY THE LANDLORD.
(1) A tenant shall not be evicted during the continuance of tenancy agreement except in accordance with the provisions of sub-section (2).
The Rent Court may, on an application made to it in the manner as may be prescribed, make an order for the recovery of possession of the premises on one or more of the following grounds, namely:—
Role and responsibilities of property manager.
Cutting off or withholding essential supply or service.
Repossession of the premises by the landlord.
(a) that the landlord and tenant have failed to agree to the rent payable under section 8;
(b) that the tenant has not paid the arrears in full of rent payable and other charges payable as specified in sub-section (1) of section 13 for two months, including interest for delayed payment as may be specified for in the tenancy agreement or as prescribed, as the case may be, within one month of notice of demand for the arrears of such rent and all charges payable being served on him by the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882:
Provided that no order for eviction of the tenant on account of default of payment of rent shall be passed, if the tenant makes payment to the landlord or deposits with the Rent Court all arrears of rent including interest within one month of notice being served on him:
Provided further that this relief shall not be available again, if the tenant defaults in payments of rent consecutively for two months in any one year subsequent to getting relief once;
(c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord;
(d) that the tenant has continued misuse of the premises even after receipt of notice from the landlord to stop such misuse.
Explanation.—For the purpose 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 an immoral or illegal purposes;
(e) that the premises or any part thereof are required by the landlord for carrying out any repairs or building or rebuilding or additions or alterations or demolition, which cannot be carried out without the premises being vacated:
Provided that the re-entry of the tenant after such repairs, building, rebuilding, addition, alteration or demolition shall be allowed only when it has been mutually agreed to between the landlord and the tenant and the new tenancy agreement has been submitted with the Rent Authority:
Provided further that re-entry of the tenant shall not be allowed in the absence of such mutual agreement submitted with the Rent Authority and also in cases where the tenant has been evicted under the orders of the Rent Court;
(f) that the premises or any part thereof are required by the landlord for carrying out any repairs, building, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority;
(g) that the premises let for residential or non-residential purpose are required by the landlord for occupation for residential or non-residential purposes for himself or for any member of his family or for any person for whose benefit the premises were held and the landlord or such person is not in possession of any suitable accommodation within the same urban area;
(h) that the tenant has given written notice to quit and in consequence of that notice, the landlord has contracted to sell the accommodation 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 accommodation.
Central Act IV of 1882.
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 is agreeable to the same.