• Property management fee

Can I collect property management fee from the tenant ? Cal this management fee be collected under HUF (hindu undivided family) account  and agreement signed between the HUF and the tenant (instead of the landlord) ?
Asked 6 months ago in Property Law from Chennai, Tamil Nadu
Religion: Other
1) state detailed facts of the case

2) who is the owner of premises?


3)Rental property management fees are paid when a landlord decides to hire a property management company to manage his or her properties

5) there must be specific provision for management or administration fees and that such a provision is required for a landlord or property management company to claim such fees.from tenant 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1) if property is owned by wife and she has entered into contract with  the  property management company for purpose of managing the property the husband can collect fixed management fee from tenant provided there is a clause in agreement to that effect 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Does the rent agreement permit the collection of such fee? The fee can be payable to only the landlord which could be the HUF through its karta. 

2. The husband cannot collect the management fee except if he is the landlord. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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If  the property has been given to any agency running property management business and the charges so paid, if had been agreed in the rental agreement, then can be charged by the landlord from the tenant. 
The landlord may be individual or the karta of the HUF.
If there is no such clause in the rental agreement or in the terms and conditions, then it would not make any legal sense to collect such fee from the tenant and tenant may object or refuse.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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If  the property is owned by spouse, it means it is her individual property and the rental amount cannot be officially collected by even her husband giving his own receipts, hence there is no question of HUF coming into this.

The collection of property management fee will be illegal if there is no such clause in the rental agreement so decide what to do on this and your other questions or answered accordingly.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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