• Rental query

I have a shop given out on rent. The shop owner now wants some work done in the shop, like an extension. I’ve asked him to pay for the work, and reduce it from the rent. 
Does this give him any claims to the property?
Asked 1 year ago in Property Law
Religion: Other

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8 Answers

Once a tenant always a tenant 

 

tenant cannot claim ownership rights on property 

 

don’t take any money form tenant for extension work 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

 

Rent increase can be as per mutual agreement 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

If it is an interior work then you need not oblige for paying for the expenses, however if you permit him to go for structural alteration then you may have to bear the expenses besides obtaining permission from competent authority for the proposed structural change 

However the tenant cannot claim title or interest in the property for just making this alteration.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Generally you can demand 5% annual enhancement of monthly rental amount or as per the rental agreement condition in this regard.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

- As per the Delhi High Court , Once a Tenant, always a Tenant ,unless the situation changes by contract or by law. 

- Hence, if the said tenant is paying rent then his status of tenant will not change on any circumstances.

- Rent can be increased @ 10% maximum , otherwise depend upon the mutual consent. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

No. He will remain tenant. No right would be created in favour of tenant. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

No it doesn’t give any claim but it’s better you make the same in writing 

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

For your situation regarding the maintenance and modification of a rental property, it's important to understand how these arrangements might affect property rights and the potential implications on rent adjustments.

Modification and Property Claims


  1. Tenant Improvements and Property Rights: Generally, allowing a tenant to make improvements or modifications does not confer any additional property rights to them. However, it's essential to have a clear and formal agreement regarding any modifications made by the tenant:


    • Written Agreement: Ensure that any agreement for modifications, including who pays for the work and how it will be handled in terms of rent deduction, is clearly outlined in a written agreement. This should specify that these improvements do not grant any ownership or additional rights beyond the current lease terms.

    • Terms of Modifications: The agreement should clarify that the modifications are for the duration of the lease and that upon termination of the lease, the property, including all improvements, reverts to the landlord unless otherwise agreed.

Rent Increase Regulations

Regarding your question about legally permissible rent increases, here are the considerations specific to Kuwait, as it appears you're inquiring from there:


  1. Rent Control in Kuwait: Kuwait has specific regulations governing rental agreements, including how and when rent can be increased:


    • Annual Increase: Typically, rent can be increased annually in Kuwait, but there are limitations. The lease agreement often dictates the terms, but general practice under Kuwaiti law restricts significant rent increases unless mutually agreed upon or specified in the contract.

    • Legal Guidelines: As of the latest updates, there isn't a fixed percentage for legal rent increases set by law, unlike in some other countries. Increases generally should be reasonable and justifiable, often reflecting market conditions or inflation rates. However, unilateral substantial increases could be contested by tenants.


  • Formalize Agreements: Any agreement regarding renovations, rent reductions, or increases should be formalized in writing. This not only clarifies the terms for both parties but also provides legal documentation in case of disputes.

  • Legal Consultation: Before implementing rent increases or agreeing to renovations, consult with a lawyer to ensure that your actions are legally sound and that you are protected against any unintended consequences.

  • Review Lease Terms: Regularly review your lease agreements to ensure they align with current laws and practices, adapting them as necessary to reflect any changes in the law or your agreement with the tenant.

By following these guidelines, you can manage your rental property effectively while safeguarding your rights and interests as a landlord

Shubham Goyal
Advocate, Delhi
2136 Answers
16 Consultations

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