Rent agreement during lock down
Harish
(Querist) 27 December 2020
This query is : Resolved
My employer requested a Rent Agreement as a compulsory condition to get HRA benefit, where the rent agreement should clearly specify the duration of the period exemption is claimed i.e from 1st April 2020 onwards .
Now my query is - During the period starting from nationwide lock down from 24th March 2020 till Unlock 1.0 started from June 1,2020 - most of the sub registrar office and notary services were suspended so legal rent agreement work was NOT done in most of the courts/sub registrar office.
Want to know if there is any verdict from any court or any other law which provides exemption that if a rent agreement created on a later date can cover the entire HRA claimed period starting 1st April. What and how I should do to satisfy my employer condition of rent agreement with start date of specified period
Isaac Gabriel
(Expert) 27 December 2020
It is a nationwide issue and your employer is not exempted and abide by the prevailing instructions.You are no way responsible for any adverse effect during lock down.
Harish
(Querist) 27 December 2020
Please answer follow up query below
Harish
(Querist) 27 December 2020
If I make a rent agreement now can we get a mutually (between owner and tenant )Â agreed retrospective dates clause mentioned there-in, specifying the tenancy/commencement for this agreement started from 1st April 2020Â .
Or what could be a better legally acceptable clause that can be inserted so as to make its usability to claim HRA starting 1st April 2020 .
Advocate Bhartesh goyal
(Expert) 28 December 2020
Yes,rent agreement can be executed now with condition that it would effective retrospectively from 01-04-2020.this condition is perfectly valid.
kavksatyanarayana
(Expert) 28 December 2020
Yes. agreed with the advice of the experts Mr.Harish sir and Bhartesh goyal sir.
Harish
(Querist) 29 December 2020
Sir, Do we need to mention in the agreement that it commences retrospectively from 1st April, 2020 and due to lock down we can't get executed it earlier ?
Dr J C Vashista
(Expert) 30 December 2020
You have already been adequatly obliged, no need to repeat same story.
If you are not satisfied with FREE OF COST opinion and advise of experts on this platform it is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Harish
(Querist) 30 December 2020
I respect all your views and thanks a lot for your guidance.
Rajendra K Goyal
(Expert) 31 December 2020
You can have agreement effective from 01.04.2020. Agree with the expert Advocate Bhartesh goyal.
Rajendra K Goyal
(Expert) 31 December 2020
Repeated query:
https://www.lawyersclubindia.com/experts/rent-agreement-effective-1st-april-during-lock-down-period--727091.asp
