haryana urban (control of rent and eviction) act
Querist :
Anonymous
(Querist) 16 April 2010
This query is : Resolved
A charitable trust has given its own property on lease and collecting monthly rent from these properties.. My question is that can such charitable trust claim 60% enhancement over the rent ... or can these trust claim the rent according to their sweet will, e.g. they are charging differrent different rent from the same property holder?
Parveen Kr. Aggarwal
(Expert) 16 April 2010
A charitable trust being owner and landlord of a premises can enter into an agreement of lease with its tenants like any individual. The tenant shall be bound by the terms and conditions agreed upon under the agreement which may include the extent and duration for enhancement of rent. No law places restrictions on the rights of the landlord and tenant to agree upon enhancement of rent in an agreement. However, if there is no agreement regarding enhancement of rent, the rent can be enhanced only under section 4 of the Act which provides for fixation of fair rent. It will depend on a number of factors including the age of building, date of tenancy, agreed rent and/or market rate of rent, as to what fair rent can be fixed for any particular premises.
