The Rent Control Act was passed by the Indian Government in 1948. This Act was passed so as to regulate the various norms of tenancy and land ownership and to curb the exploitation of either the landlord or the tenant due to rent or occupancy. The following are the various provisions of the act in favour of the landlord and the tenant –
Rights of Landlord Under the Act
Evicting a Tenant – Under the Rent Control Act, the landlord has the right to evict the tenant. The states have individual byelaws. In Punjab and Haryana, a landlord can evict the tenant on the basis of a personal, bonafide requirement, whereas the same does not happen in the Karnataka byelaws. But playing by ordinary rationale, courts allow for the eviction of the tenants on the landlord’s request, keeping into consideration facts and circumstances. The Draft Model Tenancy Act, 2015 shall make matters easier for the landlords.
Temporary Recovery of Possession – In order to make all the necessary repairs, alterations and changes in the property, a landlord has a right to recover temporary possession of the same.
Rent Changes – The Draft Model Tenancy Act is an instrumental legislation. Rent changes are something that usually occurs in accordance with the whims and fancies of the landlord. The rent cannot be unreasonably high or increased suddenly, however, the upper hand remains of the landlord and he can periodically increase the rent of the property.
Rights of Tenant Under the Act
Fair Rent – A landlord cannot unjustifiably increase the rent, however, he can approach the Rent Control Court in order to fix a rent. The rent has to be fair which is usually supposed to be 9% of the value of the building in totality including the cost of construction, the market value of land and amenities being provided.
The landlord also does not possess the right to disconnect essential services of electricity and water even due to rental reasons. They can approach the court, however, cannot deprive you of your basic supplies and amenities.
Eviction – In order to evict a tenant the landlord is required to approach the court and cannot unjustifiably evict the tenant. Byelaws play a major role in such a scenario. The Maharashtra byelaws are such that do not allow for the eviction of the tenant if the tenant is willing to acquiesce and agree to the changes in rent and is willing to pay the same. A notice is also to be given ninety days prior to filing a suit.