Tenancy Act India

Tenancy Act India

 Several new provisions came into effect in 2017 which includes:

  • Extending the tenancy cycle from 4 years to 6 years for Part 4 tenancies
  • A landlord required to give reason on terminating a Part 4 tenancy in the first 6 months

They also include restrictions on the sale of 10 or more rented units in a development.

Rights And Responsibilities Derived From?

It derives from The Landlord and Tenant Law as well as from any lease or tenancy agreement between you and your landlord.

The main legislation governing these rights and obligations is contained in the Landlord and Tenant Acts 1967 to 1994 or the Residential Tenancies Act 2004 or The Residential Tenancies Act 2015.

New Legislation

The Planning and Development (Housing) and Residential Tenancies Act 2016 contains several amendments to the residential tenancies legislation. Some of the changes took effect from 17 January 2017, and some others will require Commencement Orders.

Rights as a tenant

  • He is entitled to quiet and exclusive enjoyment of your home.
  • He is entitled to certain minimum standards of accommodation
  • He is entitled to a rent book
  • He has the right to contact the landlord or their agent at any reasonable times.
  • His landlord is only allowed to enter his home with your permission.
  • He is entitled to a certain amount of notice of the termination of the tenancy. He is entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalized for doing it.
  • He has the right to a copy of any register entry held by the RTB dealing with his tenancy.
  • All homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is.

Security of tenure

Normally, there is a security of tenure for 4 years but the landlord may end the tenancy during the first 6 months without giving any reason. After 6 months, he has the right to stay for a further 3 years and 6 months.

Paying and reclaiming your deposit

The tenant will have to pay a security deposit when you agree to rent the property. The landlord holds this deposit as security to cover any rent arrears, bills owing or damage beyond normal wear and tear at the end of the tenancy. It is usually equal to one month’s rent.

Situations to say no to the landlord

There are some rights of the tenant when he can lawfully say no to him if breached:

  • Oral Agreement
  • Improper notice
  • Illegal liabilities
  • Last month settlement
  • Deposit Return
  • In case of a deceased tenant
  • Increase in rent
  • Forced extension

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