TENANCY

Q: What is required for letting or renting any premises after the commencement of this Act?


A: After the commencement of this Act, no person can let or take on rent any premises except by a written agreement. This agreement must be jointly informed to the Rent Authority by the landlord and tenant within two months from the date of the tenancy agreement, using the form specified in the First Schedule.


Q: What happens if the landlord and tenant fail to jointly inform the Rent Authority about the tenancy agreement within the specified time?


A: If the landlord and tenant fail to jointly inform the Rent Authority within the specified two months, they must separately inform the Rent Authority within one month from the expiry of the initial two-month period.


Q: What is the Rent Authority required to do within three months of its appointment?


A: The Rent Authority must establish a digital platform in the local vernacular language or the language of the State/Union territory to enable the submission of documents as prescribed.


Q: What actions does the Rent Authority take after receiving information about the tenancy agreement?


A: After receiving the information and documents specified in the First Schedule, the Rent Authority will:

  • (a) Provide a unique identification number to the parties.
  • (b) Upload details of the tenancy agreement on its website in the local vernacular language or the language of the State/Union territory within seven working days.

Q: How are the terms of authorization of the property manager established?


A: The terms of authorization of the property manager, if any, are agreed upon by the landlord and tenant in the tenancy agreement.


Q: What is the significance of the information provided under sub-section (1) and sub-section (2)?


A: The information provided under these sub-sections serves as conclusive proof of the facts relating to the tenancy and related matters. In the absence of such information, the landlord and tenant will not be entitled to any relief under the provisions of this Act.


Q: How is the validity period of a tenancy determined under this Act?


A: The validity period of a tenancy is determined by the agreement between the landlord and tenant and is specified in the tenancy agreement.


Q: Can a tenant request a renewal or extension of the tenancy?


A: Yes, the tenant can request a renewal or extension of the tenancy within the period agreed upon in the tenancy agreement. If the landlord agrees, they may enter into a new tenancy agreement on mutually agreed terms and conditions.


Q: What happens if a tenancy for a fixed term ends and is not renewed or if the tenant fails to vacate the premises?


A: If the tenancy ends and is not renewed or the tenant fails to vacate the premises, the tenant is liable to pay enhanced rent to the landlord as provided in section 23 of the Act.


Q: What exception is made if the term of tenancy expires during a force majeure event?


A: If the tenancy term expires during a force majeure event (e.g., war, flood, earthquake), the landlord, upon the tenant's request, must allow the tenant to remain in the premises for up to one month after the cessation of the event, on the same terms and conditions as the original tenancy agreement.


Q: What does "force majeure" mean in the context of this section?


A: "Force majeure" refers to situations such as war, flood, drought, fire, cyclone, earthquake, or any other natural calamity affecting the tenant's ability to inhabit the rented premises.


Q: What happens to the tenancy agreement if the landlord or tenant dies?


A: In the event of the death of the landlord or tenant, the terms of the tenancy agreement will be binding on their successors. The successors will have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of the tenancy.


Q: Can a tenant sub-let the premises or transfer their rights in the tenancy agreement after the commencement of this Act?


A: No, after the commencement of this Act, a tenant cannot sub-let the premises or transfer their rights in the tenancy agreement without entering into a supplementary agreement to the existing tenancy agreement.


Q: What must the landlord and tenant do if they enter into a supplementary agreement for sub-letting?


A: If a supplementary agreement for sub-letting is made, the landlord and tenant must jointly inform the Rent Authority about the sub-tenancy within two months from the date of the agreement, using the form specified in the First Schedule.



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