Can terms of registered rent agreement be modified orally?
Ashesh Singh
(Querist) 25 April 2023
This query is : Resolved
As per the terms & conditions of the registered rent agreement the commercial property was given for a period of 9 years with clause of increase in rent @7.5% after completion of every 3rd year. The tenant started being irregular in making rent payments & used to pay as per his will, sometimes after a gap of 3 months and sometimes even more and that too for that particular month only for which in the fourth year for two months he has even paid the revised rent. just after a few months and then and the suit for eviction was filed on the grounds of default & recovery of rent (increased rent too). Now my query is two-fold:
1. As the tenant was irregular in rent payments and when he used to pay then also the rent amount paid was for that particular month only, now if the tenant pays for the first two months and then in the seventh month he deposits monthly rent amount for that month only then is the landlord entitled to adjust the amount so paid towards arrears of rent? and if yes, then if he pays the revised monthly rent amount in the same irregular manner in the 3rd & 5th months then can the amount be adjusted in the same manner and the cause of action with respect to default in payment for 4 consecutive months be said to have arisen in the sixth month?
2. Upon filing of suit before the rent tribunal the tenant in his reply contends that due to covid period it was "orally" agreed that the rent will not be increased and will be the same as per the first 3 years, though as i referred earlier that tenant in the fourth year has even paid the revised rent twice. Can such a modification in a registered rent agreement be made 'orally' only or a 'modification deed' is also required to be registered for the same.
I am appearing on behalf of the Landlord & fairly new practitioner. So, any and as much guidance and insights from most esteemed legal experts in the area will be of great help and much appreciated. If any other things expert would like me to be careful about or check for that i might not have asked in my specific queries but by the context of these, they might find very relevant then i kindly oblige me by letting know of them.
Regards
Ashesh Singh
T. Kalaiselvan, Advocate
(Expert) 26 April 2023
Oral modification in the rental agreement cannot be allowed to modify the existing rental agreement.
It is not tenable in law
