• Evicting tenant

The present rental agreement of my tenant expires on 31.05.2020. 

Will the following notification useful for me. 

The Tamil Nadu regulation of rights and responsibilities of tenants rules, 2019. g.o. ms. no. 36, housing and urban development (hb4) 22nd february 2019.

If I have to make use of this notification, kindly guide me thoroughly 

1. what formalities should I comply ?
2. what precautions should i take ?
3. what are the advantages of this notification for the landlord ?
4. in the notification is there any weak point for the landlord ?
5. Any other guidance you will feel relevant ?

Thanks
Asked 4 years ago in Property Law
Religion: Muslim

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26 Answers

When was the agreement made? If it was made after the notification the notification will apply otherwise not.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

Send him a notice to quit and to vacate your premises and deliver the posession within a stipulated time and also mention that you will refund the security deposit(if there is any).

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Rule 5 Intimation of expiry or earlier termination of tenancy.—(1) In the event of expiry or earlier termination of tenancy, the parties shall inform the same to the Rent Authority in Form II, within fifteen days from the date of expiry or termination of tenancy.
(2) On the basis of information obtained in Form II received under sub-rule (1), the Rent Authority shall update Form I on the website to record such expiry or termination of tenancy, as the case may be, within fifteen days from the date of receipt of communication of such expiry or termination, as the case may be 

 

2) Rate of interest payable by the Tenant and the Landlord.—(1) Save as otherwise provided in the tenancy agreement, the rate of interest payable by the tenant to the landlord on the arrears of rent payable and other charges payable shall be at the rate of eight per cent (8%) per annum.

Ajay Sethi
Advocate, Mumbai
94806 Answers
7553 Consultations

5.0 on 5.0

1. Since your rent agreement is still subsisting then you can take resort of this new Regulation.

However on expiry of the present agreement you can make a fresh agreement as per provision of this Rule ad Regulation which requires registration as mandatory process.

This regulation helps the landlord a lot in terms of default of payment of rent and eviction as well. 

So when the agreement expires first make a new agreement and register it under the said law so as to seek benefit from it.

No provision of law is foolproof for any of the parties.

 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Dear Sir,

This rule is made for regulation of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act which was passed by the state government in the year 2017. You are suggested to get the rent deed registered as per this rule in future (applicable for fresh rent deeds) and also close/terminate the rent agreements as per this rule. This notification is advantageous for all concerned.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

In the said notification the relevant portion of the rules is furnished herein below for your information:

 

 

5. Intimation of expiry or earlier termination of tenancy.—

(1) In the event of expiry or earlier termination of tenancy, the parties shall inform the same to the Rent Authority in Form II, within fifteen days from the date of expiry
or termination of tenancy.


(2) On the basis of information obtained in Form II received under sub-rule (1), the Rent Authority shall update Form I on the website to record such expiry or termination of tenancy, as the case may be, within fifteen days from the date of receipt of  communication of such expiry or termination, as the case may be.


6. Permission of the Rent Court for recovery of possession for occupation.—

A landlord who has recovered possession of any premises from the tenant under clause (g) of sub-section (2) of section 21, shall obtain the permission of the Rent Court by making an application in Form III, before resorting to re-let whole or part of the premises within three years from the date of obtaining such possession. 


7. Rate of interest payable by the Tenant and the Landlord.—

(1) Save as otherwise provided in the tenancy agreement, the rate of interest payable by the tenant to the landlord on the arrears of rent payable and other charges
payable shall be at the rate of eight per cent (8%) per annum.

 

(2) If any default is made by the landlord in making any refund as required by sub-section (1) of section 24, the landlord shall pay an interest at the rate of eight percent (8%) per annum on the amount which he has omitted or failed to refund.

 


8. Procedure to be followed for making application before the Rent Authority.—

(1) An application made to the Rent Authority under section 9, 14, 15 or 20 of the Act shall be made by the applicant in person or by the agent in Form IV accompanied by affidavits and documents, if any.


(2) On receipt of the application, the Rent Authority shall issue notice requiring the opposite party to file his reply statement, if any, within fifteen days of the service of notice as to why the relief prayed for should not be granted:


Provided that where the opposite party fails to file the reply statement within the said period of fifteen days, he shall be allowed to file the same within such further period as may be specified by the Rent Authority, for reasons to be recorded in writing, but which shall not be later than thirty days from the date of service of notice.


(3) Every notice served by the Rent Authority on the Opposite Party shall be accompanied by a copy of the Application.

 


9. Procedure to be followed by the Rent Authority in adjudication.—

(1) The Rent Authority shall be guided by the principles of natural justice in adjudicating the application filed before it and shall follow the procedures given below:–


(a) the Rent Authority shall issue notice to the opposite party, accompanied by copies of application, affidavits and documents;


(b) the opposite party shall file a reply accompanied by affidavits and documents, if any, after serving a copy of the same to the applicant; 


(c) the applicant may file a rejoinder, if any, after serving the copy to the opposite party; and 


(d) the Rent Authority shall then fix a date of hearing and may hold such summary inquiry as it deems necessary. 

 

 

(2) In every application filed before the Rent Authority, the evidence of a witness shall be given by affidavit. However, where it appears to the Rent Authority that it is necessary in the interest of justice to call a witness for examination or cross-examination, it may order such witness to be produced for examination or cross-examination.


(3) For the purposes of holding an inquiry or discharging any duty under the Act, the Rent Authority may,—


(a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect, any premises at any time between 7.00 A.M. to 8.00 P.M.;


(b) by written order, require any person to produce for its inspection such books or other documents relevant to the inquiry, at such time and at such place as may be specified in the order.


(4) The Rent Authority may, if it thinks fit, appoint one or more person having special knowledge of the matter under consideration as assessor or valuer to advise it in the proceeding before it.


(5) The Rent Authority may, at any stage of a proceeding, allow either party to alter or amend his pleadings in such manner and at such time as it may deem just. All such alterations or amendments as may be necessary shall be made for the purpose of determining the question in dispute between the parties.


(6) The Rent Authority shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay reasonable cost. 


(7) The Rent Authority shall decide and dispose of every application filed before it within ninety days from the date of filing of application by the applicant. 


(8) The Rent Authority may set aside an order passed exparte if the aggrieved party files an application and satisfies it that notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was called for hearing.


(9) Any clerical or arithmetical mistake in any order passed by the Rent Authority or any error arising out of any accidental omission may, at any time, be corrected by it on an application received by it in this behalf from any of the parties or otherwise. 


(10) The Rent Authority may exercise the powers of a Judicial Magistrate for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

 

(11) The Rent Authority may, for sufficient reason, direct that any document or book produced before it in any proceeding, to be impounded and kept in the custody of an officer under it for such period for reasons to be recorded in writing and subject to such conditions, as it may impose.

 

 


10. Procedure to be followed for making application before the Rent Court.—

Any application under sub-section (2) of Section 21 shall be made to the Rent Court by the applicant or by the agent in Form V.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

you need to register the same within 90 days of the execution of the tenancy agreement.

you need to inform the rent authority within 15 days of expiry of the earlier tenancy agreement.

Making of an application and timelines to be followed for registration of tenancy agreement.— (1) Every
tenancy agreement shall be registered with the Rent Authority as required under Section 4.
(2) Every tenancy agreement entered into between the parties after the commencement of the Act shall be
registered with the Rent Authority within ninety days from the date of execution of such an agreement.
(3) Every tenancy agreement to be entered into, as required in sub-section (2) of section 4 of the Act shall be
registered with the Rent Authority within ninety days from the date of execution of such tenancy agreement.
(4) Every tenancy agreement in writing already entered into before the commencement of the Act shall be
registered with the Rent Authority within ninety days from the date of publication of these rules in the Tamil Nadu
Government Gazette.
(5) The Rent Authority shall, upon receipt of the application in the form specified in the First Schedule to the Act,
verify the name, identity and address of the parties and register the tenancy agreement and grant Tenancy Registration
Number (“T.R. No.”) within thirty days from the date of submission of such application.
(6) The Rent Authority shall upload the name of the parties, details of the premises and tenure of the tenancy
in Form I on its website within fifteen days from the date of registration.
4. Deposit of rent with the Rent Authority.—(1) Where the landlord does not accept any rent and other charges
payable or refuses to give a receipt for the rent and the charges tendered by the tenant, the rent and other charges
shall be sent to the landlord by the tenant by way of postal money order or demand draft or cheque or Real Time
Gross Settlement or National Electronic Funds Transfer or any other electronic mode of payment as may be recognized
by the Reserve Bank of India for two months consecutively.
(2) If the landlord does not accept the rent and other charges within the said period then, the tenant shall
deposit such rent and charges with the Rent Authority.
5. Intimation of expiry or earlier termination of tenancy.—(1) In the event of expiry or earlier termination of
tenancy, the parties shall inform the same to the Rent Authority in Form II, within fifteen days from the date of expiry
or termination of tenancy.
(2) On the basis of information obtained in Form II received under sub-rule (1), the Rent Authority shall update
Form I on the website to record such expiry or termination of tenancy, as the case may be, within fifteen days from
the date of receipt of communication of such expiry or termination, as the case may be.
6. Permission of the Rent Court for recovery of possession for occupation.— A landlord who has recovered
possession of any premises from the tenant under clause (g) of sub-section (2) of section 21, shall obtain the permission
of the Rent Court by making an application in Form III, before resorting to re-let whole or part of the premises within
three years from the date of obtaining such possession.
7. Rate of interest payable by the Tenant and the Landlord.—(1) Save as otherwise provided in the tenancy
agreement, the rate of interest payable by the tenant to the landlord on the arrears of rent payable and other charges
payable shall be at the rate of eight per cent (8%) per annum.
III-1a Ex.(79)—1 III-1a Ex.(79)—1a
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3
(2) If any default is made by the landlord in making any refund as required by sub-section (1) of section 24,
the landlord shall pay an interest at the rate of eight percent (8%) per annum on the amount which he has omitted
or failed to refund.
8. Procedure to be followed for making application before the Rent Authority.— (1) An application made to
the Rent Authority under section 9, 14, 15 or 20 of the Act shall be made by the applicant in person or by the agent
in Form IV accompanied by affidavits and documents, if any.
(2) On receipt of the application, the Rent Authority shall issue notice requiring the opposite party to file his reply
statement, if any, within fifteen days of the service of notice as to why the relief prayed for should not be granted:
Provided that where the opposite party fails to file the reply statement within the said period of fifteen days,
he shall be allowed to file the same within such further period as may be specified by the Rent Authority, for reasons
to be recorded in writing, but which shall not be later than thirty days from the date of service of notice.
(3) Every notice served by the Rent Authority on the Opposite Party shall be accompanied by a copy of the
Application.
9. Procedure to be followed by the Rent Authority in adjudication.— (1) The Rent Authority shall be guided
by the principles of natural justice in adjudicating the application filed before it and shall follow the procedures given
below:–
(a) the Rent Authority shall issue notice to the opposite party, accompanied by copies of application, affidavits
and documents;
(b) the opposite party shall file a reply accompanied by affidavits and documents, if any, after serving a copy
of the same to the applicant;
(c) the applicant may file a rejoinder, if any, after serving the copy to the opposite party; and
(d) the Rent Authority shall then fix a date of hearing and may hold such summary inquiry as it deems
necessary.
(2) In every application filed before the Rent Authority, the evidence of a witness shall be given by affidavit.
However, where it appears to the Rent Authority that it is necessary in the interest of justice to call a witness for
examination or cross-examination, it may order such witness to be produced for examination or cross-examination.
(3) For the purposes of holding an inquiry or discharging any duty under the Act, the Rent Authority may,—
(a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorise any officer
subordinate to him to enter and inspect, any premises at any time between 7.00 A.M. to 8.00 P.M.;
(b) by written order, require any person to produce for its inspection such books or other documents relevant
to the inquiry, at such time and at such place as may be specified in the order.
(4) The Rent Authority may, if it thinks fit, appoint one or more person having special knowledge of the matter
under consideration as assessor or valuer to advise it in the proceeding before it.
(5) The Rent Authority may, at any stage of a proceeding, allow either party to alter or amend his pleadings
in such manner and at such time as it may deem just. All such alterations or amendments as may be necessary shall
be made for the purpose of determining the question in dispute between the parties.
(6) The Rent Authority shall not ordinarily allow more than three adjournments at the request of a party throughout
the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party
requesting adjournment to pay reasonable cost.
(7) The Rent Authority shall decide and dispose of every application filed before it within ninety days from the
date of filing of application by the applicant.
(8) The Rent Authority may set aside an order passed exparte if the aggrieved party files an application and
satisfies it that notice was not duly served or that he was prevented by any sufficient cause from appearing when the
case was called for hearing.
(9) Any clerical or arithmetical mistake in any order passed by the Rent Authority or any error arising out of
any accidental omission may, at any time, be corrected by it on an application received by it in this behalf from any
of the parties or otherwise.
(10) The Rent Authority may exercise the powers of a Judicial Magistrate for the recovery of the fine under the
provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
III-1a Ex.(79)—2 III-1a Ex.(79)—2a
4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(11) The Rent Authority may, for sufficient reason, direct that any document or book produced before it in any
proceeding, to be impounded and kept in the custody of an officer under it for such period for reasons to be recorded
in writing and subject to such conditions, as it may impose.
10. Procedure to be followed for making application before the Rent Court.— Any application under
sub-section (2) of Section 21 shall be made to the Rent Court by the applicant or by the agent in Form V.
11. Appeal before the Rent Court.— Any appeal to the Rent Court under sub-section (1) of section 33 shall be
made by the appellant or by the agent in Form VI.
12. Appeal before the Rent Tribunal.— (1) Every appeal shall be made by the appellant or by his agent to the
Rent Tribunal in Form VII.
(2) Every appeal shall be accompanied by a Memorandum setting forth concisely under distinct heads, the
grounds of appeal, without any narration and such grounds shall be numbered consecutively.
(3) Each Memorandum shall be accompanied by the certified copy of the order of the Rent Court appealed
against and such other documents as may be required to support grounds of objection mentioned in the Memorandum.
(4) When an appeal is presented after the expiry of period of limitation as specified in the Act, the Memorandum
shall be accompanied by an application supported by an affidavit setting forth the fact on which appellant relies to satisfy
the Rent Tribunal that he has sufficient cause for not preferring an appeal within the period of limitation.
(5) The appellant shall submit necessary copies of the Memorandum to the Rent Tribunal for official purposes.
(6) On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the
parties or their agents to appear before the Rent Tribunal. If appellant or his agent fails to appear on such date, the
Rent Tribunal may, in its discretion, either dismiss the appeal or decide it on the merits of the case. If respondent or
agent fails to appear on such date, the Rent Tribunal shall proceed ex-parte and shall decide the appeal on its merits.
(7) The appellant shall not, except by leave of the Rent Tribunal, urge or be heard in support of any ground
of objections not set-forth in the Memorandum but the Rent Tribunal, in deciding the appeal shall not confine to the
grounds of objection set-forth in the Memorandum or taken by leave of the Rent Tribunal under this Rule:
Provided that the Rent Tribunal shall not rest its decision on any other grounds other than those specified unless
the party who may be affected thereby, has been given at least one opportunity of being heard by the Rent Tribunal.
(8) The Rent Tribunal may, on such terms as it may think fit and at any stage, adjourn the hearing of appeal,
but not more than one adjournment shall ordinarily be given and the appeal should be decided within a period of one
hundred twenty days from the date of service of notice of appeal on the respondent.

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

See the notification shall be applicable in your case. Give due notice to tenant for expiry of tenancy and also inform Rent control authority of same under below mentioned rule.

 

5. Intimation of expiry or earlier termination of tenancy.

1) In the event of expiry or earlier termination of tenancy, the parties shall inform the same to the Rent Authority in Form II, within fifteen days from the date of expiry

or termination of tenancy.


(2) On the basis of information obtained in Form II received under sub-rule (1), the Rent Authority shall update Form I on the website to record such expiry or termination of tenancy, as the case may be, within fifteen days from the date of receipt of  communication of such expiry or termination, as the case may be.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This notification is of no use to you. This is amendment in the act.

Inform the rent authority befor 15 days of expiry of agreement.

Than regular court procedure will follow except recording of evidence. Actually this a statutory  process to settle tenancy issue out of court. Order of rent authority can be challege in court.

So for eviction of tenant on expiry of tenancy, first proces is to Inform rent authority if tenant do not vacate amicably.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

The new legislation aims to regulate the tenancy of buildings as per the terms and conditions of the tenancy agreement executed by the land lords and the tenants and also to safe guard the interest of the land lords and the tenants in case of disputes. The tenancy registration portal eases the process of registration of the tenancy agreement with much convenience to the general public.

The tenancy agreements executed subsequent to the commencement of the Act shall be registered with the Rent Authority within 90 days from the date of such execution.

First check your tenancy agreement shall be registered with the Rent Authority. As per Section 4-A of the Act, if the tenancy agreement is not registered with the Rent Authority, then the agreement shall not affect any immovable property comprised therein, or confer any power to adopt, or be received as evidence of any transaction affecting such property or conferring any right.  If it is registered then you can get the benefit of TNRRR Rules.

If so you should inform the expiry of tenancy to the Rent Authority in Form II, within fifteen days from the date of expiry or termination of tenancy. On receipt of the application, the Rent Authority shall issue notice requiring the opposite party to file his reply statement, if any, within fifteen days of the service of notice as to why the relief prayed for should not be granted.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

1. Rent Agreement should be registered with rent authority.

2. You should Inform rent controller about the expiry of agreement with in 15days from expiry of agreement.

3. The notification make eviction process simple but agreement should be registered with rent authority and there must be tenancy registration Number from rent authority.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Only a TN based lawyer can put more light on the notification and answer the query in terms of it.

2. Be that as it may, if lockdown is extended then you cannot evict the tenant as courts across the country are not even accepting for hearing cases which are not urgent. Petition for eviction of tenant cannot by any stretch of the imagination be termed urgent.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The new tenancy agreement should comply with the recent TN Act.

2. Nothing other than the usual precautions.

3. Dispute resolution is easier.

4. Nothing as long as the provisions of the new Act are complied with.

5. You may please get the tenancy agreement drafted by a lawyer and comply with the procedural requirements.

 

Swaminathan Neelakantan
Advocate, Coimbatore
2807 Answers
20 Consultations

4.9 on 5.0

See you can engage local advocate to draft same , notarize and register same with the department.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Legal fees vary depending upon the lawyer engaged by you 

 

2) you can engage any lawyer on webiste for drafting rental agreement 

Ajay Sethi
Advocate, Mumbai
94806 Answers
7553 Consultations

5.0 on 5.0

Contact in private to know the fees for this service. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

New rent agreement with same tenant ? Seems like you are extending tenancy term at your loss.


No new agreement will execute else harmful for you and no eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

You may please engage an advocate of your choice for drafting the rental agreement.

Swaminathan Neelakantan
Advocate, Coimbatore
2807 Answers
20 Consultations

4.9 on 5.0

Hello,

The charge will be decided by kanoon.com once you select your lawyer to draft it.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You need to contact for the same in person. The draft charges may vary from 3000 to 5000/-  and so on depending on the averments and clauses of the draft. If you need any assistance.Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1.

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

fee and draft needed to be discussed through proper channel of the kaanoon.com

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You should contact an advocate through the portal of kaanoon.com.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can contact any advocate of this forum for drafting the rental agreement as desired by you on his/her terms.

Alternately you can contact any advocate in the local also for this purpose.

 

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

You are free to engage any lawyer from this portal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir/Madam,

If you wish that someone from the panel of Kaanoon platform should draft the rental agreement, do contact kaanoon platform and request for a lawyer. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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