• Attornment of lease

What will happen to the advance amount paid by the tenant after attornment of lease to new landlord ? Please help
Asked 8 months ago in Property Law from Salem, Tamil Nadu
Religion: Hindu
1. If the period of lease does not expire then change of title of landlord will not affect the lease.
2.However after expiry of period of lease it is upto the new landlord to decide whether to extend the lease or not.
3. If however you do not get the security money back, you can deduct the same from the rent.
Devajyoti Barman
Advocate, Kolkata
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A tenancy is the possession or occupancy of lands, buildings or other property by title, through a lease or on payment of rent.The change of land lord may  not affect tenancy right .There has to be a valid reason if you plan to evict the tenant and not use the house for yourself. Eviction can be enforced if the tenant is found of any wrongdoing as prescribed by the Rent Control Act and Indian law.
Section 108 in The Transfer of Property Act, 1882 says Rights and Liabilities of the Lessor
the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lesseeā€™s interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

So in your case new owner should pay the amount of advance if other wise specified in your new deed or partition. 
Ajay N S
Advocate, Ernakulam
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The rights and liabilities arising under the original lease deed remain unchanged on attornment of lease to new landlord. The tenant becomes a tenant under the new owner. The new landlord continues to remain bound by the lease deed executed by his predecessor, so if he does not refund the security deposit then a suit for recovery of money can be filed by the tenant.
Ashish Davessar
Advocate, Jaipur
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1) your partition deed should be duly stamped and registered


2) Attornment   i s an overt act by which the tenant acknowledges and accepts the new person as the Landlord in the place of the old Landlord. It has no impact on the lease except for the substitution of one landlord for another and the terms and incidents thereof continue and operate. It does not bring about a new tenancy or lease; nor does it destroy the existing one, or alter the rights and obligations of the lessor and the lessee prevailing at the moment of the attornment.

3)  If any security deposit or prepaid Rent has been paid by Tenant, Landlord may transfer the security deposit or prepaid Rent to Landlord's successor and upon such transfer, Landlord shall be relieved of any and all further liability with respect thereto.
Ajay Sethi
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What will happen to the advance amount paid by the tenant after attornment of lease to new landlord
The previous landlord if not terminated the tenancy with th tenant or lease agreement with the lessee, he may have to handover the advance amount to the new landlord along with the agreement of lease and should advise him and make an agreement to not to vacate the tenant/lessee from the premises till expiration of the lease period and to return the advance amount after expiration to tenant. 
This should be communicated to the tenant by the previous landlord in writing.
T Kalaiselvan
Advocate, Vellore
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What will happen if Tennant does not attonrn lease with new landlord

The tenant is protected with tenancy rights. He/she can very well remain in the rented property till the date of expiration of the rental agreement and can seek the return of the advance thereafter from the new landlord, if he refused to give on some flimsy reason, he can be drawn to the court for recovery. 
T Kalaiselvan
Advocate, Vellore
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What if after attornment of lease the old landlord denies to pay the advance amount to the Tennant or new landlord

The legal process to recover the dance amount is to be followed by filing a recovery suit and obtain suitable othe reliefs.
They can be drawn to the consumer court too seeking compensation.
T Kalaiselvan
Advocate, Vellore
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Me and my brother are partitioning our ancestral property .One of the property is leased out by my brother to a third party and in this partition I am getting that property.Now my brother is attorning the lease to me.My doubt is how and who should pay back the rental advance received from the Tennant

If the property has been attorned to you and you have been asked to allow the tenant till the expiration of tenancy.
A request for an attornment from a tenant which is refused can be used by a landlord as a basis for establishing grounds for eviction on the grounds of insecurity that the lease will be honored, or the existence of an actual case or controversy suitable for resolution in a declaratory judgment action.

in general the previous landlord has to settle the advance amount to the new landlord, if he does not then the new should approach the old and extract the same from him.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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