Rent control act

Querist : Anonymous (Querist) 12 January 2012 This query is : Resolved
1) Is there any rent control act in Noida, Uttar Pradesh for residential premises?

2) Is any rent control act applicable for the usual 11 month lease agreement done for residential premises in Noida, Uttar Pradesh?

3) With help of these ultra short lease agreements of 11 months with clause of 1 month notice for eviction have taken the form of racket wherein the landlords in conspiracy with property agents ask to evict whenever they get another tenant paying more rent. Moreover this frequent eviction of tenants at sweet will of landlords has led to skyrocketing of rents for residential premises since whenever a new tenent is let in, he is always let in at a much higher rate than before. Is 11 month lease agreement with provision of 1 month only notice of eviction bad in eyes of law or Article 21(life of dignity)? Since no dignity of tenent, constantly living a life of vagabond with Damocles Sword of 1 month eviction notice constantly and permanently hanging on his head even before 11 months.

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Raj Kumar Makkad (Expert) 12 January 2012
1. UP Rent control Act is applicable in NOIDA but it societies, the regulations of Societies Registration Act are applicable.

2. Yes.

3. The whole system depends upon demand and supply. As the supplier are lesser than the demanders so the rates go up but wherein the situation is otherwise therein the rent rates are seen diminishing as seen in my city.

This is not a legal issue.

M/s. Y-not legal services (Expert) 13 January 2012
"This is not a legal issue"

-what you mean makkad sir?

-tom-

Querist : Anonymous (Querist) 13 January 2012
Makkad Sir on the surface it may appear that question number 3) is not a legal question. Even if there is zero demand, demand is artificially created after every 10 months. After 10 months the property agents(they have database of all their customers with 11 month lease) simply ask the landlords to evict and exchange the existing tenants thus creating artificial demand giving rise to higher and higher rents.

Also if they get a new customer before 10 months willing to pay a higher rent then it is bonanza time for them, they give 1 month notice regardless of pending duration of 11 months lease agreement to simply evict the existing tenant and place a new tenant.

Hope Makkad Sir now the working concept of this 11 month lease agreement racket is clear to you.

DEFENSE ADVOCATE.-firmaction@g (Expert) 13 January 2012
This is being done to protect the landlord of possession.

If the tenant is clever extend the period beyond one year and than take the matter to litigation.

Deepak Nair (Expert) 13 January 2012
The agreement for 11 months is a normal practice which is usually executed for saving the stamp duty.
Not only in the 11 months agreements, in agreements for any duratino there is a clause for one month notice. Thus the owner is entitled to evict the tenant at any time after giving one months notice irrespective of the duration of the contract.

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