Querist :
Anonymous
(Querist) 29 May 2011
This query is : Resolved
As per the new Judgement of SC on the enhancement of the rent to the current market value for the properties having very low rent (Let out 20-25YRS)I would like to know how to proceed on this .I have a property where tennants are paying very low rent (Rs2000/mth)and fulfil all the criteria's as per the SC new judgement.I would like to know (a)Do i give notice to them directly or i approach the court for the implementation.(b)who are the approved valuers who can certify the market rent of my property which court will agree to.(C)Does these guidelines will becomes the precedence for the lower court to act on and court will direct my tennants directly to enhance the rent or my case will be evaluated as other normal cases under rent control and will have lengthy proceedings.
M.Sheik Mohammed Ali
(Expert) 29 May 2011
first you send the notice to tenant for rental hike, if the tenant not to agree then file implementation petition at court,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 May 2011
certain categories are protected under every state rent act. Only if your tenant is not from protected class you can proceed.
Guest
(Expert) 29 May 2011
SIR, KINDLY NOTE THAT 1.IN CASE YOU WISH TO INCREASE THE RENT ,YOU MAY KINDLY SEND A NOTICE TO THE TENENTS MENTIONING ALL FACTS AND INCREASED PROPERTY TAXES,AND OTHER MAINTAINENCE ETC CHARGES AND ALSO REFER THE SAID JUDGEMENT. 2.YOU SHOULD GET THE LEGAL NOTICE CAREFULLY DRAFTED FROM LEGAL EXPERTS AS TENT AND TENENCY LAWS ARE VERY COMPLICATED AND ANY LEGAL NOTICE IS BASE AND FOUNDATION OF ANY FURTHER COURT MATTERS.SO GET THE LEGAL NOTICE PROPERLY DRAFTED FROM LEGAL EXPERTS AND ALSO SEND THE SAME BY SPEED POST A.D.SO THAT YOU CAN PRESERVE THE PROOF OF SERVICE OF NOTICE FOR ANY FURTHER COURT MATTER.GOOO LUCK. YOU MAY WRITE AND SEND FURTHER DETAILS FOR ANY FURTHER HELP.WITH BEST REGARDS.
Querist :
Anonymous
(Querist) 29 May 2011
Sir ,
Thanks for your response ,I would like to know weather this judgement /Guideline laid by the Supreme court for Model rent on 15/5 holds true for all the cases who have similar background ie Old tennancy say 20-30 yrs ,Very low market rent ,do not have lease deed etc or this judgement is applicable only to that paticular case of Atma ram .Do you think these guidelines are enough and holds strong grount for me as a landlord to file a case against my tennant to increase the Rent to the prevailing market rate .
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