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raja (owner)     23 June 2014

Fair market rent for central govt office

Dear Sir, I let out my shop (at Tamilnadu ) to public sector Lt d( insurance Co.Ltd). As per Tamilnadu building (Lease & Rent control ) act 1960 I have request for fair market rent. Manger replies that this is central govt office which does not comes under Tamilnadu building (lease & Rent ) control Act.

We offers to pay only 6% (( As per central govt rules )of rent for building & Land value cost ( instead of 12 % as per Tamilnadu Building Act 1960.

My Queries are

1) Does central Govt passed any act of 6% rent of Building & Land Value if so Kindly furnish details.

2) Am I eligible to ask Fair rent as per Tamilnadu Building (Lease & Rent ) Control Act 1960.

 

Regards

Dr.Raja



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 June 2014

decision of the Supreme Court will greatly assist PSU’s tenantsbattling steep hike in rents and fighting for proper maintenance of essential / basic services / facilities since they can now invoke provisions of the State Rental Law being Small Causes Court. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

What is your rental agreement made with the Insurance company states in this respect?, if your agreement condition contains the percentage of hike in rental amount periodically, the company has to pay the same failing upon which you may send a legal notice to the company asking them to vacate the premise for breaching the agreement conditions. The question of fixing up the fair rent as per  the state government or central government rule will arise only when there is no proper rental/lease agreement made and or remain unregistered.  Consult a local lawyer by showing the related  papers and move further as per his opinion/advise.

1 Like

raja (owner)     27 June 2014

@ T.Kalaiselvan Advocate, hanks. Hereby I furnished a full details. Kindly advise me.

Factual Statement :

1)    Public Sector office was inaugurated at our shopping complex on 14.2.1999

2)    Lease deed had been executed between us once in 3 years with 15% hike of rent from previous block of period.

3)    LATEST lease deed executed on 15.2.2009 for a period of 15.2.2008 to14.2.2011

a)    Agreeing a rent of Rs.7.77 / sq.ft

b)    Agreeing a incorporate renewal of rent for next block of three years with 15% hike of rent ie Rs 8.99 /sq.ft ( 8.9 – 7.7 = 1.2 /sq.ft @15 % hike rent )

4)    Lease Deed have not been executed for a period of 15.2.2011 to 14.2.2014

a)    I m receiving a rent of Rs 7.7 sq.ft till date.

5)    Lease Deed yet to be registered for a period of 15.2.2014 to 14.2.2017

a)    I m receiving a rent of Rs.7.77 sq.ft a on date.

6)    As per The Tamilnadu Building (lease & Rent Control ) Act 1960.

a)    Fair Rent for a period of 15.2.2011 to 14.2.2014 is Rs 15 / sq.ft

b)    Fair Rent for a period of 15.2.2014 to 14.2017 is Rs 22 /sq.ft.

Public Sector Office Statement ( Verbal )

1)    Referring to Factual Statement No 3 (b) we assure to pay the balance rent Rs 1.2/sq.ft at some point of time.

            Note : Till now they never framed a time structure for paying  the balance amount.

My Query :

1)    Am I eligible to demand for Fair rent as per The Tamilnadu Building (lease & Rent Control ) Act 1960 for a period of 15.2.2011 – 14.2.2014 ( referring to Point no 4) . If so Kindly guide me.


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