Section 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. Tenancy Agreement.
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. Tenancy Agreement.
Central Act 43 of 1995. Central Act II of 1882.
Where, in relation to a tenancy created before the commencement of this Act,—
(a) an agreement in writing was already entered into, it shall be informed to the Rent Authority;
(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy, andinform the Rent Authority, in the form specified in the First Schedule:
Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b), such landlord and the tenant shall separately file the particulars about such tenancy.
Every agreement referred to in sub-section (1) or required to be executed under sub-section (2) shall be in such manner and within such period as may be prescribed.
The Rent Authority, after receiving such information about tenancy agreement, shall register the agreement and provide a registration number to the parties.
Information provided under sub-section (1) and (2) shall be taken as evidence of facts relating to tenancy and matters connected therewith and in its absence, any statement in the agreement shall not be received as evidence of the facts in any court of law.
The Rent Authority shall upload the details of all tenancies along with the registration number provided under sub-section (4), in the form and manner as may be prescribed, on its website within fifteen days of the allotment of the registration number.
(1) All tenancies entered into after the commencement of this Act shall be for a period as agreed between the landlord and the tenant and as specified in the tenancy agreement.
The tenant may approach the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, prior to the end of tenancy period and if agreeable to the landlord may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.
If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by the tenant at the end of such tenancy, the tenancy shall be deemed to be renewed on a month-to-month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months.
(1) Save as provided in sub-section (2), the tenancy shall cease immediately after the death of the tenant.
In the event of the death of a tenant, the right of tenancy of residential and non-residential premises shall devolve for the remaining period of tenancy to his successors in the following order:—
(a) spouse;
(b) sons/unmarried daughters;
(c) parents;
(d) daughter-in-law being the widow of a predeceased son:
Period of tenancy.
Inheritability of tenancy.
Provided that the successor had been ordinarily living or working in the premises with the deceased tenant upto his death. 7. (1) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,– (a) sublet 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 are sublet as provided in sub-section (1), the sub-tenancy, as the case may be, within one month of the commencement Restriction on subletting.
tenant shall inform the landlord the date of commencement or termination of or termination.
CHAPTER III.
RENT.