Bombay rent act
Querist :
Anonymous
(Querist) 19 June 2016
This query is : Resolved
If the landlord did not exercise his rights to make increase in rent by 4% since 2000 and rent for all these years are in arrears, but now, from 2016 he is demanding the rent arrears with 4% increase.He never mentioned or demamded his intention to incresse the rent nor he was aware of the said provision. Is he entitled to do so??what are the remedies available to the tenant?
R.K Nanda
(Expert) 19 June 2016
No reply to aq.
adv.bharat @ PUNE
(Expert) 19 June 2016
Have u done registered rent agreement?
Whether there is clause for increase of rent by 4% with arrears?
If you post your name and state then u get proper guidance.
Guest
(Expert) 19 June 2016
First thing , I don't think any rent agreement exist , you will only have some receipt nothing else . And that is ok . Nothing to worry. This was custom those days.
Generally protected tenant under Rent Act before commencement of new act that is Maharashtra Rent Control Act 1999 rent is negligible at present
Increase it 4 % annum that too is negligible . Pay it and forget it .
Well if you take dispute or he take dispute to court under non payment of rent or permitted increase of 4% then matter comes under section 15 of Maharashtra Rent Control Act. You can deposit rent in 3 months in court and matter is over.
Additionally there is other section in same act where if tenant does repairing of tenement or building personally or jointly with other tenants than he can deduct specific amount from monthly rent.
I would suggest since amount of 4% is less (in most case) better pay and close the topic , Dispute should be taken if it is worth taking and any concrete things you achieve.
Nothing more to Add from permitted increase point of view
P. Venu
(Expert) 20 June 2016
Much of the arrears claimed is beyond limitation. Also, please disclose your identity.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 20 June 2016
Rent act entitles landlord to increase rent. Since no demand in the past, no arreas accrues. What he can insists upon increase in rent for current year n then that too as per permissible limit.
Querist :
Anonymous
(Querist) 20 June 2016
Many thanx to the experts who helped out. As the act is silent about such point, arose many confusions, thank you madhu mam for explaining in detail. And Madhu mam you are right, there exists no agreeement, nor he ever issued any receipt. But possession is with tenant. Sorry for not disclosing my identity if that made any difference to anyone for guiding me.
Querist :
Anonymous
(Querist) 20 June 2016
Can landlord ask the difference in rent at present, after he came to know about such provision?? If the whole rent is already paid without receipt?
Guest
(Expert) 20 June 2016
From your statement , I only detect one imp. point which I prefer to ans.
Receipt not issued.
Well this seems simple to you but for me it is case of concern as tenant you don't have document from land lord /owner . Neither Rent agreement nor Receipt. It seems all is running orally with protected tenant.
I feel in longer interest to have proper document from your side that you are tenant or protected tenant under the provision of Maharashtra Rent Control Act .
I would suggest you file suit for fixation of standard Rent and permitted increase.
Additionally in that you also show you did heavy repairing and thus liable for deduction in past . The Rent fixation suit should be against all people whose name is there on land record as owner. If Owner died then make all legal heirs of that owner party. Also ask for declaration that you have specific area under possession as tenant and using it for residential /commercial purpose.
This fixation of Rent order from Small cause court (If it is Mumbai ) will help you not now but in long run , when the property goes for redevelopment or when issue comes how much area you possess or whether you are tenant or not (Min. Receipt they should give as per Act)
If you are not interested to go to court for this fixation of rent order .
Then as per Act insist from Land Lord you give Receipt with Revenue stamp + Name of tenant + Land Lord Name + Carpet area under possession + Monthly Rent + 4 % increased value .
This Receipt should be proper this too can serve purpose instead of small cause court order.
But under any circumstances I feel you should have Rent Receipt/Court standard rent fixation Order.
Please note Fixation of standard rent will be old value not present market value so . And claim low rent which you give . Plus heavy repairing you did in that premises .
Remaining I feel not worth thinking
Querist :
Anonymous
(Querist) 22 June 2016
Thank you Ma'm, we occupy the property from sixty years and he never issued any receipt, now we will resolve the issue as you stated above. Hope everything goes well.Thanx once again.
