• Tenant wants to use my residential property as a correspondence address for his NGO

Hi. I have rented out a residential property to a person who runs an NGO. He has requested me to give him a No-Objection Certificate to be submitted to "The Assistant Registrar of Societies, Thane", to stating that I have no objection in allowing the rented property to be used as office address correspondence facility for his NGO. I want to know if there are any issues I should consider before giving him the NoC?
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

1. See you may give a NOC for the period of rent agreement and may take an undertaking from the tenant that on expiry of the agreement he shall change the address also, in NOC you can mention that you are giving this for the limited purpose of correspondence address, this does not create any right or interest. You may give NOC there is no issue in the same. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No issues. He may require NOC to get the NGo and run in your premises that landlord has no objection if NGO register on your address.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Well, giving a property on rent for setting up an office is not an illegal act,

2. So  by creating tenancy through this NGO is not an illegal act.

3. However giving NOC to registrar to set up such office is unheard of.

4. So before giving such NOC you may consider visiting the society office to know whether such NOC is mandatory or not. 

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

- Since, you have given the said property for residential use only to the person who runs an NGO , it means at the time of letting the premises he was running the said NGO from some other location .

- Further , if the said residential property would be used as an office of the said NGO , then it can be considered as commercial use . 

- However, conditionally after taking a separate affidavit from the said tenant you can allow the same, but before submitting the NOC before The Assistant Registrar of Societies, Thane , you should inform the official after submitting the dully executed residential agreement as well. 

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

Hello,

  1. The only possible problem is if the residential premise may be used as an office and any commercial activities are conducted, you can be held liable for having granted permission to operate it without proper sanctions. Especially, if the property is in a Housing Society, it can pose issues in future.
  2. It would be advisable to seek clarity from the Society if there is one or in the alternative get the person to provide you an affidavit of indemnity  owning entire responsibility and relief to you.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Don’t give him permission to use your residential address  As office address for running NGO 

if premises are used for commercial purposes your property taxes would rise 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

You can mention there that he is on rental agreement and till the period of only that agreement you dont have no objections. You can also write that you can anytime revoke the said no objection in writing with the authority

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

From examining all the facts of your query I want to say that-
Plausibly, a space for NGO can be taken on rent in a residential locality, provided the owner and the tenant (NGO) agree on the same
The welfare association of the society provides a NOC (no objection certificate) for opening an NGO. It depends on the state you are looking to avail of the space as rules vary depending on the location. The rent agreement should be in conformation to the local and state provisions. I have dealt with some of such cases in Supreme Court.

The term NGO is used as an umbrella to cover all legal entities that seek philanthropic and charitable funds and utilize them towards the advancement of the society without the motive to originate profit from it or use the profit from the business of the NGO and utilise the same in the implementation of its objects. An NGO can either be a Trust, a Society or a Section 25 Company.

You know that while stating the name of parties in a residential rent agreement is quite straightforward, doing so for an NGO requires special consideration. You have to be acutely cautious about the name that would be stated in the rent agreement. I feel that No Objection Certificate (NOC) by a Landlord becomes necessary when a Tenant (usually for a company), who has taken a property on lease from the landlord, plans to use the premises or a part of it as a registered office. Prior setting up a company’s registered office in a rented premises, the company has to get a No Objection Certificate by the landlord. It basically states that the landlord issuing NOC has willingly rented the premises to the company and has no objections for the premises (or a part of it) to be be used as the company’s registered office.

The elements listed below have to be included in an NOC by Landlord:
1. Name of Landlord
2. Name of the Company or the NGO to which the premises is rented out.
3. Address of the rented property
4. Date
5. Place
6. Signature of the Landlord
7. Contact details of landlord (optional)

To create the No Objection Certificate by Landlord, you will have to follow first draft the NOC by including all the details mentioned above
Get it printed on a plain white paper. Place landlord’s signature on the document. Better would be to discuss in detail with complete facts.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate-on-Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

1. Legally you should NOT give any such NOC for any type of correspondence or residential proof, for passport, ration card etc....

2. The above could involve you in legal disputes at the hands of various authorities if the NGO creates any mischief or illegal activities or does not comply with statutory filing compliances.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

Yes, you will so many issues. It is commercial and your building will considered as commercial and accordingly taxes may levied. It will be mentioned in all public records and if the tenant run away then you will be held responsible by the law enforcing authority.

Why police verification of tenant is important & how it’s done?

Renting out a property sounds a profitable choice for many of us. The high demand for rental homes from the migrating population in cities makes it an attractive journey for homeowners. However, the landlord must be careful while choosing tenants. Since the benefits of your investments depend solely on the kind of tenant you have chosen for your rental property. Police verification of your tenants is an essential component of this safeguarding process which must be properly followed for your own security. In case you are renting out your property without going through this safeguarding process, it is possible that trouble may strike you in the future.

The law makes it compulsory for landlords to fulfill police verification of their tenants. Under Section-188 of the Indian Penal Code (IPC) which concerns the violation of order rightfully declared by a public servant, a convict may be “punished with simple imprisonment for a term which may extend to one month or a monetary penalty of Rs 200”.

Since the monetary penalty is insignificant, proper attention is not taken usually to follow the laws. By the look of it, the tenant seems fine to the landlord and the difficulty to follow the method could well step aside. Does a landlord think that what harm could the tenant cause him or the system? Even if everything is fine, a landlord could still be accused or charged.

It is often seen that the landlord ignore the importance of tenant verification and rent out their property without performing legal due diligence. This is not only risky for the property but at the same time well-being as a landlord. If your tenant is involved in any criminal act, You can be held responsible for this negligence.

To make sure that you are renting out your property to an honest tenant, it is necessary to follow up these simple steps:

Police Verification:

You can get Police Verification Form online for tenant verification. Every landlord should download this form and give it to the tenants for verification before handing over the house or flat keys. The tenant should fill his original name with father name, permanent address, and other essential information in the given form. It verifies a tenant and makes it easy for the landlord to involve the police in case of a dispute.

Background Check:

A background check is a first and most important step in tenant verification. If your tenant has a history of averting rent or destroying rented property, in this situation, you may be able to find out through a background check.

Contact Your Tenant’s Previous Landlord:

If the tenant has lived in the same locality/city, then you can do a check with his previous landlords. You can also ask for the previous employer’s contact number and address. You can ask all relevant questions to make sure the person is reliable for you to rent out your property.

Ask for the personal references:

The landlord can also ask for 1-2 personal references whom the landlord can call and ask about the person and verify his details. Family and friends are a good source to verify the tenant. If the person has no unlawful records he won’t hesitate to share a few references but it is not always necessary that you will get all the information as some tenants may not be comfortable sharing their parent’s contact numbers. In this situation, it is better to ask for friends’ numbers or colleague’s details just to keep them as a record.

How does police Verification help?

Police verification can help in below-mentioned ways:

Unlawful practices on-premises:

It is often seen that college students, bachelor, and even young working professionals live alone or want privacy. They enjoy parties, consume drugs, drinking on their premises. Some live-in with partners. When police verification is completed, tenants do not resort to such activities in the premises as the fear of getting arrested.

It helps in tracking crime:

It is very easy to track the absconding culprit and those who connive a heinous crime in the rented apartment/flat. Once the tenant submitted his identity proof, the fear of a police trial ensures that there are very few chances of committing a crime.

It helps in tracking terror activities:

Many terrorists rent places to stay in the city from where they carry out plans of attacks in the city. Police verification can easily find out these monsters with fake identities.

It helps in tracking foreigners identification:

Many foreigners overstay after the expiry of the contracts and disappear into the smaller cities. With the help of police verification, these unauthorized citizens can easily find out in case they rent out a place to stay.

It helps a landlord if he lives abroad or out of town:

It is often seen that landlords rent out the property and stays out of the town or country. If he has done the police verification, he is relieved that his property is let out to a decent person with a good background.

It creates fear of law for the tenants:

After police verification, tenants always fear of police action and being hauled up and put behind the bars. If a tenant has submitted his official details, he fears that police can reach the workplace and he will lose his jobs and he will not get another place to stay.

It helps in better maintenance and safety of the premises:

Tenants take good care of the rented property and pay rent on time when there is a police verification completed. He does not mess around with the structure and does not cause any damage to it. He is aware that his documentation lies with the police and his record gets blackened if the landlord registers any complaints with the police.

The FAQ on Police Verification:

How do I get police verification for tenants?

To perform that, you can visit the nearby police station in your area and ask for tenant verification forms. The correctly filled documents that would have all the details of you and your tenants should be submitted with the police. You could download the form, on the website of police stations.

What is a tenant verification form?

The tenant verification form is a document utilized by a landlord when verifying the past rental information of an aspirant for tenancy. The landlord must send the form to the applicant’s current or past landlord in order to get all the details linked to the tenancy of the individual.

Is police verification of tenants mandatory?

Police verification of your tenants is an essential part of this screening process which must be properly understood for your own safety. The law declares it necessary for landlords to perform police verification of their tenants. Any negligence in this concern may invite a jail term or a monetary penalty.

What is a rental verification form?

A rental verification form is a permission form that a tenant applicant will sign to give permission to the landlord to do a background check. This also involves the ability to call the current employer, previous landlord, and current landlord.

What is the method for an online tenant police verification?

  • There are several methods to be followed:
  • Download the Tenant Police Verification Form online first.
  • Complete the form with both tenant and landlord details.
  • Affix the current photo of your tenant.
  • Sign at the bottom of the form confirming that the information stated in the form is true and you are agreeing to it.
  • Submit the filled form to your nearest police station.
  • Collect your acknowledgment receipt and keep it as a reference.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You can give him NOC but make sure the reason stated is same and nothing else

 

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Get an registered agreement done for the use of address by the tenant 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In my opinion, you may give no objection stating that the tenant can use the address for his NGO till he resides in the house as tenant. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Dear sir, 

You have rented a property for residential purpose and the agreement is made for residential use bot to run an NGO ; if you have no concern the party to whom you have rented are running it for NGO then you can give them a concern of NOC for used of NGO office address.

It's better to make an other agreement for running out the NGO in residential purpose with the terms and conditions of the owner then you can give give them NOC.

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

The NGO may be a commercial organisation or may be any other activity which may not be accepted in a residential accommodation.

If you may agree to such request, the nature of residential property may remain same, which may bring problem to you, hence instead of repenting at a later stage and until you are not confirmed about the genuineness, better avoid issuing such certificates.

 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Don't do it. He was given a residential apartment for living and not for his NGO.

Therefore refuse this request.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Don't issue any NOC. . Rental agreement is enough for registration process. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. There are no issues.

2. You can authorise him to use the address for correspondence.

3. He will remain a tenant only.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Do not issue no objection for using address for communication purpose, it will be considered as commercial use and you will be taxed accordingly for putting the premises for commercial use.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

No issues so long as user of premises is not changed

The permission to remain valid only till the rental agreement subsists

Yusuf Rampurawala
Advocate, Mumbai
7506 Answers
79 Consultations

5.0 on 5.0

No there is no such problem in giving NOC to your tenant for using your residential address as correspondence address for his NGO.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer