Rent control act
kumar
(Querist) 31 March 2013
This query is : Resolved
i have given my flat on Rent with 11 months Rent agreement and two month rent as security.
i want to know that conditions given in favour of tenant will apply in my case also.
means Rent control act will apply on this type of 11 month agreement or not.
if yes then why all people make this type of agreement. why donot go for lease agreement.
maine aisa suna hai ki lease agreement par rent control act apply nahi hota.
prabhakar singh
(Expert) 31 March 2013
Aap ulta pulta na suna karen.
har state men rent act alag alag hota hai.
us act men hi likha hota hai ki vo kis building par apply karega kis par nahi karega.
kumar
(Querist) 31 March 2013
my flat is in delhi.
prabhakar singh
(Expert) 31 March 2013
You need to look in to the provisions of section 3 of Delhi Rent Control Act which reads as under:
"3. Act not to apply to certain premises.-
Nothing in this Act shall apply-
(a) To any premises belonging to the Government; (Note: The word "or" omitted by Act 57 of 1988, sec.2 (w.e.f. 1-12-1988).
(b) To any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease, or requisitioned, by the Government:
[(Note: Added by Act 4 of 1963, sec.2 (with retrospective effect) Provided that where any premises belonging to Government have been or are lawfully let by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy;]
[(c) (Note: Ins. by Act 37 of 1988, sec.2 (w.e.f. 1-12-1988) To any premises, whether residential or not, whose monthly rent exceeds there thousand and five hundred rupees; or
(d) To any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988, for a period of ten years from the date of completion of such construction;]"
So it is subsection (c)And (d) which are material with regard to privately owned buildings.
Any building whose rent is Rs.3500/=00 p.m. or whose construction age is less than ten years is EXEMPTED from rent control act.
The reason for going for a tenancy of 11 month is not this Act but the Provisions of the Transfer of property Act which makes registration of lease deeds compulsory if they are made for a period more than a year.
Then what would you conclude that it is not the period of tenancy or lease that governs
application of Delhi Rent Control Act BUT it is the age of construction and rent rate per month governs application of Delhi Rent Control Act.
isi liye maine kaha tha ki aap ulta pulta na suna karen! Theek hai.
kumar
(Querist) 31 March 2013
every think is all right sir. thanks!
kumar
(Querist) 31 March 2013
it is builder floor. merely 3 year old. rent is also much higher than 3500.
prabhakar singh
(Expert) 31 March 2013
Then it is exempted from Delhi Rent Control Act
kumar
(Querist) 31 March 2013
thanks once again for your valuable knowledge. you help me to understand this act in very simple manner.
V R SHROFF
(Expert) 31 March 2013
Remember that parting with possession involves RISK , the moment someone occupy your property.
Nothing is safe.
If LL do not VACATE, it takes years to vacate him adopting DUE PROCESS OF LAW, BY COURT ORDER " YOU CANNOT FORCE HIM OUT.
So be careful
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 March 2013
Moment you have parted your property to a tenant it it very difficult to take possession LEGALLY.
Civil laws are not confined to one act but multiple provisions are applicable.
You say why people do ELEVEN MONTH agreements just because they want to avoid legal consultation with experts and get swayed with property agents.
The moment an eleven month LL agreement is renewed the tenant becomes statutory tenant.
kumar
(Querist) 02 April 2013
Shroff sir,
i have made 11 month agreement and police verification. i have also judged tenant as much possible.
can you please tell me anything else. which is help full for me in case of dispute.
Devajyoti Barman
(Expert) 02 April 2013
It is sufficient. In any case no body can predict a dispute.
