• Lock in issue

Hiiii
My rent period was commencing from 01/03/20 up to 28/02/20. The lock-in period being 1 year. I was not given possession by my landlord until 29th May 20 as electricity meters were not installed by the developer. recently I get a call when even meters are not attached that you can take the possession u need to pay electricity bills on the basis of ur past electricity expenses paid by you in prior premises to which I agreed.
now due to corona crisis, it is financially not possible for me to pay much higher rents to which I requested my landlord to grant partial relief in rent for a period of 3 months and from October I will start paying him full rents if he is ok with the arrangement I may take possession to which he told you need to take possession else I may deduct from the deposit rent pertaining to previous 2 months and may deduct 2 months for notice and brokerage. How should i proceed? Is legal option better or should I make some arrangement my deposit equivalent to 7 months rent is stuck with him.
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

Since landlord is willing to grant you partial relief accept the offer 

 

2) obtain in writing from landlord the extent of waiver granted by him 

 

3) amicable settlement is best option 

 

4) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

There is no statutory waiver of any rent but govt. Only extension may be given on humanitarian grounds but you need to pay the same. You can demand total non payment. If not you can as per the terms surrender the said house and vacate it

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

You can waive off the agreement on the basis of force majeure.

Send him a legal notice.

Actual situation is that courts have made decisions in many rent matters that rent cannot be waived off but can only be delayed. So decide 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can inform the landlord upon his failure to provide the accommodation with all amenities including electric meter it will not be possible for you to occupy the rented premise therefore due to the fault of the landlord you are not able to take possession.

In your legal notice you may demand the return of your entire deposit amount due to the breach in the agreement committed by him. 

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

Come to middle solution and take your deposit back. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It's to be seen whether there was any Force Majuere clause covering this pandemic like situation in your rent agreement or not. This is unlikely if the rent is not for commercial purposes. 

If yes then you can avoid rent for this period getting adjustments from security deposit. 

If there's no such clause then I regret you will have to resolve this amicably with your landlord as the law is not in your side. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. You cannot claim waiver of rent, but you can seek delayed payment of rent.

2. Delhi High Court has held that lockdown is a force majeure. In a similar case it allowed the tenant to make delayed payment of rent, but did not agree to his plea to waive off the rent.

3. Possession should be taken if it is delivered.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Lock in clause would not be applicable as possession has not been delivered by the flat owner

 

electricity meters were not installed and on account of lock down possession could not be delivered to you 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

Lock in period is applicable only after the possession 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

You are suggested to invoke the primary failure of agreement by landlord for non-installing of electric meter before renting the premises and also the force majeure caused due to the COVID 19 Pandemic and thus raise your points that rent agreement is void ab-initio and hence the lock in is not attracted. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As per Section 105 of the Transfer of Property Act ,a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

- Hence , as per this definition , it is clear that one of the essential ingredients of lease , is , an interest in the subject property is to be created in favour of the ‘lessee’ by the ‘lessor.

- Since the possession is not given by the owner to you , hence legally the landlord cannot take rent for the period of delay , as the actual possession to of the tenanted premises is not give to you , even due to lockdown etc. 

- Further , a contract, whereby a tenant has to pay rent on presentation or raised by the authority of a bill by the landlord, is a clear and definite contract, 

- Hence , you are also not liable to pay the electricity charges on average basis for the period of non-possession the tenanted premises ,and in the absence of electric meter . 

- Further , every tenant has a right to enjoy peaceful possession of the property without any disturbance or encumbrance from anyone including the owner , and at no point of time under your tenancy , your landlord ask you to evict or leave the premises without assigning a valid reason, and both the parties are bond with the clauses mentioned in the contract agreement. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

If the possession is not deliberately taken by you inspite of all the conditions provided to you then you may be liable. Otherwise you don't have to pay the same. If possession is not given by the owner because of his own reasons then he cant invoke that clause. But if possession was refused by tenant inspite of no reasons then the clause will be applicable

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

The lessor has not handed over possession so far hence the lease agreement has not come into force, therefore there is no question of lock in period.

The leave and license or the lease agreement or the rental agreement will come into force only when the landlord hands over possession the tenant, therefore the conditions of the agreement may not be enforceable or valid until the landlord delivers possession of the premise duly completed i all respects and the tenant occupies the premise.

You may refuse to accept his demand and you instruct him  to refund the advance amount deposited with him 

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

When the LL offered you partial relief you can accept it, but you insist him to give his consent in writing.

Since substantial amount in form of deposit is lying with him, it is better you get the issue settled amicably.

Litigation is not advisable in present situation.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Basic  concept is "Lock-In-Period" clause will be applicable only when the premises is handed over. 

In your case said Lock in period is not applicable, more particularly when the premises is not delivered and electric meters are not installed yet.

No, you are not liable to pay for remaining  lock in period, since the same has not commenced.

Lock-in-Period comes into PLAY only when the premises is handed over to you. 

Thus you are not liable to pay for remaining period.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

if possession of the property not given lock in clause not applicable. . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Lock-in clause cannot be applicable if the possession itself is not delivered, whatever may be the reason for delay in delivery of possession.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You can send notice to landlord for cancellation of agreement due to delay in possession from feb to may and Demand refund of complete deposit amount. 

2. Landlord is bound to refund complete deposit amount as possession was delayed due to his default.

3. No need to take possession of flat if you have any alternative accommodation.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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