Model tenancy bill has not been introduced so far.
If some tenant dies then their legal heirs can also claim tenancy.
you may only increase rent to the extent of 5% every three year..
Regards
I am a landlord in Kolkata, West Bengal. My tenants have been living in my building for more than 30 years. As a result, their rents are extremely low. There is no agreement only the rent bills. The rents are all below Rs. 1000. They always refuse to increase the rent even by Rs. 100 claiming that according to law they will only increase by 5% every three years. Some tenants are residential and while others are commercial. What is the maximum limit up to which I can increase the rent? Is there a way I can increase their rent according to market valuation or perhaps even evict them? If the tenant dies, either residential or commercial, can I get back my property? If not, how much rent can I increase in this situation? Has the Model Tenancy Bill, 2015 ( http://moud.gov.in/cms/TheDraftModalTenancyAct.php ) been implemented in West Bengal? Is there any plan to do so?
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Model tenancy bill has not been introduced so far.
If some tenant dies then their legal heirs can also claim tenancy.
you may only increase rent to the extent of 5% every three year..
Regards
You cannot demand market rate of rentals
2) you are entitled to permitted increases as per WB tenancy act
3) you can evict tenant fir non payment of rentals or if you require premises for bonafide personal use
4) it tenant dies you cannot get possession of property
5) it would be inherited by his legal heirs who were residing with tenant at time of his death
Unless and until you file an application beofre the rent Controller for determination off air rent there is not much scope for voluntary increase by the tenant.
Eve the rent controller due to miniscule amount of rent may not be able to increase rent mch.
Hence it is much advisable to file a suit for eviction so on his ouster you can induct a new tenant on fixation of market rate of rent.
Model Tenancy Bill, 2015 is not in force in WB.
Hi
you can approach the Rent control Tribunal for fixing of the fair Rent (standard rent) as per the existing Tenancy act which is amended in 1997 for w.Bengal .
quoting the relevant portion.
17. Fixation Of fair rent.—(1) The Controller shall, on application made to him either by
the landlord or by the tenant in the prescribed manner, fix the fair rent in respect of any
premises in accordance with the provisions of this Act.
(2) The fair rent for a year in respect of any premises constructed and let out after the
year 1984, shall be fixed '[on the basis of annual payment of an amount equal to six and
three-fourth per cent per annuam of the aggregate amount of the actual cost of
construction and the market price of the land on the date of commencement of
construction.]
Explanation.—The cost of construction of a premises shall include the cost of water supply and
sanitary and electric installation and shall be determined with due regard to the rates adopted for
the purpose of estimate by the Public Works Department of the State Government for the area
concerned. The Controller may allow or disallow the variation of estimates upto ten per cent,
having regard to the nature of the premises :
Provided that while calculating the market value of the site on which the premises was
constructed, the Controller shall take into account only the portion of the site on which the
premises was constructed and sixty per cent of the portion of the vacant land, if any, appurtenant
to such premises, the excess portion of the vacant land being treated as amenity.
(3) Where a tenancy subsists for twenty years or more in respect of the premises
constructed in or before the year 1984, the fair rent shall be determined by adding to the
rent as on 1.7.1976 not more than three times, and then deducting the increase, if any,
in the manner provided in Schedule II, or by accepting the existing rent if such rent is
more than the increased rent determined according to that Schedule.
(4) Where a tenancy subsists for ten years or more but less than twenty years in respect
of the premises constructed in or before the year 1984, the fair rent shall be determined
by adding to the rent as on 1.7.1986 not more than two times, and then deducting the
increase, if any, in the manner provided in Schedule III, or by accepting the existing rent
if such rent is more than the increased rent determined according to that Schedule.
33[(4A) Where a tenancy subsist for twenty years or more in respect of the premises
constructed in or before the year 1984 and used for commercial purpose, the fair rent
shall be determined by adding t the rent as on 1.7.1976 five times or by accepting the
33 Subs, by W.B. Premises Tenancy (Amendment) Act, 2002 (W.B. Act 14 of 2002) (w.r.e.f.
10.7.2001) for the following :
"on the basis of ten per cent of cost of construction of the premises and the market value of the
land at the time of commencement of the construction."
24
existing rent if such rent is more than the increased rent determined under this subsection.
(4B) Where a tenancy subsists for ten years or more but less than twenty years in
respect of the premises constructed in or before the year 1984 and used for commercial
purpose, the fair rent shall be determined by adding to the rent as on 1.7.1986 three
times or by accepting the existing rent if such rent is more than the increased ret
determined under this sub-section.]34
(5) Where at the commencement of this Act, any proceeding is pending for fixation of the
fair rent of such premises under the West Bengal Premises Tenancy Act, 1956; the rent
fixed under the said proceeding shall be the fair rent under this Act.
(6) Where none of the foregoing provisions of this section applies to any premises, the
fair rent shall be such as would be reasonable, having regard to the situation, locality
and condition of the premises and the amenities provided therein and, where there are
similar or nearly similar premises in the locality, having regard also to the rent payable in
respect of such premises.
18. Revision Of fair rent.—The fair rent initially fixed shall be automatically increased
by five per cent every three years :
Provided that the State Government may issue notification varying such rate of increase
every four years from the date of commencement of this Act.
The fair rent initially fixed shall be automatically increased by five per cent every three years. You can file the application before the rent controller for increasing the rent under section 19 of the act.
If tenant dies, then their legal heirs will have the right to enjoy the benefits.
No, It has not been implemented in West Bengal yet. “Since land is a subject of the state, this act is not binding on the states and is, therefore, called a draft. It is left to individual states to decide whether to accept it or not,” opines Singh. “In the long run, most states would have to accept it since it is greatly beneficial to tenants. Presently, the rent laws in most states have become archaic.
as on date the Model Tenancy Bill, 2015 is in the cold storage of West Bengal govt.
for increasing rent you are requested to consult with the Chapter VI of west bengal premises tenancy act 1997. you will get answer unto your satisfaction as well as the procedure to follow.
in case of death of residential tenant, the spouse of the tenant will be entitled to enjoy the tenancy for his or her life time. in absence of spouse the other family member of the tenant will be entitled to enjoy the tenancy for five years and after that you may issue ejectment notice against them.
in case of commercial tenant, the tenancy comes to an end with the death of tenant.
Thank you all for your answers. Can I ask the tenants to pay the corporation tax or building maintenance bills? Are they legally required to pay it? Can I ask them to pay the whole amount? I have a tenant who has a shop on the ground floor under his name. The shop is owned by his nephew and the trade license is under his nephew's name. Can I evict this tenant for subletting without my permission? If this tenant dies, can his nephew take possession of the shop? The nephew has also put up boards at various places on my building without my permission. Can I bring them down? His main shop board is huge and covers the whole first floor also without my permission. Can I force him to put up a smaller board which only covers the ground floor? The tenant in the first floor is a friend of the nephew and will take his side.
Yes,this is a good ground of sub tenancy for which you cna filesuit for eviction.
However without the order of court you can not bring down any fixture in the shop.
The monthly rentals received by you should include property tax levied by municipal corporation
2) you can file eviction suit against tenant for sub letting premises without your consent
3) the board should cover only ground floor ie premises given on rent only
obviously you can ask your tenants to pay corporation tax or building maintenance bills and they are duty bound to pay the same according to their occupation of area and nature of occupation in proportion share.
the shop rented by Mr. X and it is in occupation of Mr.X's nephew without your consent so you are very much entitled to initiate ejectment proceeding against Mr.X.
forget about Mr. Nephew, Mr.X is also not entitled to put and board or hording beyond his occupation. you are very much entitled to take legal steps to bring them down. the tenant of first floor will not able to stand on Mr. Nephew's side.
Yes these boards you can get them down.
If they are not agreeing for the same file a suit for injunction.
Sir
There is no specific amount given in the Act in the matter of increase of rent. If you think that the rent is low and the tenant are not ready to increase as per the requirements, then you can approach the Rent Control for the justification of 'fair' rent. You have to collect the rent receipt of the tenant of the other property in your area, so that you can establish your claim, though there are other factors involve in the matter of determining the fair rent.
No, by the operation of the death of the tenant you cannot evict the tenant's heirs.
If you have given tenancy to one under the written agreement that he cannot sub-let without your permission and he transfer or sub-let without your permission, then you have the right evict such tenant in due course of law.
Yes, you can, if said nephew has put up boards in your building without the written permission you must approach the local body to put off the hoarding. As the nephew is not your tenant you should give notice to your tenant only.
The tenant shall pay the municipal taxes as per the Sec.5(8) of the WBPT Act.
Thanks
What is the maximum limit up to which I can increase the rent? Is there a way I can increase their rent according to market valuation or perhaps even evict them?
You can raise the rent as per the market valuation provided it do not attract adverse impact from the rent controller for fixing up fair rent.
You can give an eviction notice to the reluctant tenants
If the tenant dies, either residential or commercial, can I get back my property? If not, how much rent can I increase in this situation?
The legal heirs of the deceased tenant are not protected by tenancy rights however the legal heirs can remain in the rented premises for one year till they make an alternative arrangement.
Can I ask the tenants to pay the corporation tax or building maintenance bills? Are they legally required to pay it? Can I ask them to pay the whole amount?
The property assessment tax has to be paid by the owner.
I have a tenant who has a shop on the ground floor under his name. The shop is owned by his nephew and the trade license is under his nephew's name. Can I evict this tenant for subletting without my permission? If this tenant dies, can his nephew take possession of the shop?
This amounts to sub-letting, you may issue a legal notice on this ground and can instruct the tenant to vacate.
The nephew has also put up boards at various places on my building without my permission. Can I bring them down? His main shop board is huge and covers the whole first floor also without my permission. Can I force him to put up a smaller board which only covers the ground floor? The tenant in the first floor is a friend of the nephew and will take his side.
Yes you can ask him to bring down such unnecessary hoardings which causes nuisances or disturbances to other inhabitants of the same building