We are a tenant of a premises have two rooms, one small room is for commercial use and one room for residential purpose in Kolkata. We are staying here since 100 years approx. Now landlord and his appointed promoter took NOC from us to construct building on Aug 2014 ans assures us to deliver our possession within 6 months. Till today they are not providing our possession and asking 500% increase in rent in both the room separately. Rooms are very small i.e. 20 SQFT (Twenty only) for business purpose and 112 SQFt (One hundred twelve) for residential purpose. Earlier rent was Rs. 100 and Rs, 80 respectively before the construction and now they are asking for Rs. 500.00 for each. May I request your good self to suggest me what should we do and what should be the increased rent for us and how often the rent will be increase with what percentage. Regards Tilottama Rout Kolkata.
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What are the clauses in redevelopment agreement signed by you ?
it must ha e provided that if the landlord and builder fail to deliver possession they would be liable to pay you compensation for delay in delivery of possession
3) file complaint against the promoters before consumer forum and seek orders to direct landlord , builder to deliver possession of rooms to you and pay you compensation for delay in delivery of rooms
Sir Thanks for your prompt response. Could you please provide your expert advice about the details of the following. Kindly note that there were no compensation clause in the agreement. Neither the promoter provided us the temporary accommodation nor borne the cost of rent. We already have rent receipts since last 50 /60 years. 1. How much be the minimum and maximum increased rent for this case 2. How often rent to be revised and what should be the percentage of the increase. 3. Since we already have the NOC document at the begining of the costruction, is there any requirement for a fresh agreement with us. 4. Landlord is asking for 500% hike, whether it is ethical and whether we should accept their demand. 5. Is there any way to get relief of this burden as we are not capable enough to pay this much of amount every month. 6. Can it be done without any litigation as it will drag us to a long term conflict and will stop our minimum income for our bread and butter. 7. Is there any govt. defined clause/policy for the same. It will be a very help for us if you could share us the link if any. Thanks for your early support and advice Regards
Owner can demand rise in tenant but as per law,let them approach court for revision of rent, which may not be much.
5% per annum acc. to law, rest depend on agreement between parties.
Offer him only 5% increase, if he insists, stop payign him.
there has to be registered agreement with tenant by the builder for development of property , granting consent for redevelopment , area to be given to tenant on redevelopment , penalty clause for failure to deliver possession within stipulated time etc
2) landlord is entitled to increase by 5% every three years.
3) landlord is entitled to permitted increases as per WB tenancy act
On application Fair rent shall be fixed by the rent controller.
It is fixed on the basis of annual payment of an amount equal to six and three fourth per cent per annum of the aggregate amount of the actual cost of construction and the market price of the land on the date of commencement of construction.
Fair rent intially fixed shall be automatically increased by five percent every three years.
If it's private property and does not governed by tenancy law of the state then the landlord has right to receive market rate. But if the same is tenancy property and comes under tenancy law then he can only increase as per standard rent
Rent Control is a state subject, with slight difference in each state. Generally rent should be increased by 5-10% annually as agreed between landlord and tenant.
You should file a case before consumer forum against land lord and developer for compensation due to delay in possession.
The rent should be increased according to west bengal rent control act. The rent should be increase once per year.
You say that you have been staying there for over 100 years, then why did you vacate the premises, if you have not, then dont vacate, let them increase the rent, if it is affordable then you may pay the same or else you may ask them to go to court with an eviction petition, where you can challenge on the basis of protection of tenancy rights.
The building is coming under redevelopment hence there is no question of paying any enhanced rent.
However if you still insist on knowing what rent is to be paid, then you should understand the fact that you have been paying a very low rent, hence this enhancement is justified.
5% rent can be increased every year.
3. NOC is not an agreement.
4. The landlord may demand the rent if you are not able to give the same, you may ask him to proceed as per law.
5. Let him approach court, where you can fight based on the tenancy protection act.
6. Then you have to compromise with the owner.
7. Tenancy protection act.