Chandigarh sends Tenancy Act to Centre for Parliament nod

Tribune News Service

Dushyant Singh Pundir

Chandigarh, February 11

To govern landlord-tenant relationships, the UT Administration has decided to send the Chandigarh Tenancy Act to the Central Government for approval.

What the adviser says

After getting the new Tenancy Act passed by Parliament, the Centre will notify it for adoption by the UT Administration for regulation of rent in the city. — Dharam Pal, UT Adviser

After considering all objections and suggestions from the public, the UT Administration had recently finalised the Chandigarh Tenancy Act and after getting final approval from UT Administrator Banwarilal Purohit, it was sent to the Ministry of Home Affairs, which will table the Act in Parliament for approval.

“After getting the Act passed by Parliament, the Centre will notify it for adoption by the UT Administration for regulation of rent in the city,” said UT Adviser Dharam Pal. In June 2021, the Union Cabinet had approved the Model Tenancy Act, which was to be adopted by the state governments and union territories.

With the implementation of the Act, a rent authority will be established for regulation of renting out of premises and to balance the interests of the owner and the tenant by establishing an adjudication mechanism for speedy dispute redressal and a rent court and a rent tribunal will be established to hear appeals.

The rent authority will have exclusive jurisdiction over tenancy issues. All rent agreements will have to be submitted to this authority. The landowner and the tenant will have to separately file the particulars within a month of signing the agreement. At present, these can be registered at the Sub-Registrar’s office.

The authority will adjudicate on all disputes between the landlord and the tenant. At present, rent-related disputes are resolved by civil courts, where the pendency rate is high. Appeals against the orders of the authority will be made in the rent court, headed by a senior judicial officer, and the case will have to be disposed of within 60 days. Against a rent court order, an appeal can be filed with the rent tribunal.

After the implementation of the Act, no person will let or take on rent any premises except by an agreement, which will be informed to the rent authority by the landowner and tenant jointly within a period of two months from the date of agreement.

If the land owner and the tenant fail to jointly present a copy of the tenancy agreement, the land owner and the tenant will separately file the particulars about the tenancy agreement within a period of one month.

Revision of rent between the landowner and the tenant will be as per the terms set out in the Tenancy Agreement. No landowner or property manager or tenant either by himself or through any person will cut off or withhold any essential supply or service in the premises occupied by the tenant or the landowner.

A landowner is entitled to get compensation of double the monthly rent for two months and four times the monthly rent thereafter for the use and occupation of a premises by a tenant who does not vacate the premises after his tenancy has been terminated by an order, notice or as per the agreement.

A tenant will not be evicted during the continuance of the tenancy agreement except in accordance with provisions of Sub-Section (2).

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