TENANCY BY ER. AVINASH KULKARNI

Saturday Brain Storming Thought (188) 16/09/2023

TENANCY

Tenancy means a holding of an estate or a mode of holding an estate

Specifically : the temporary possession or occupancy of something (such as house) that belongs to another

The period of a tenants occupancy or possession

Tenancy in Indian Law

Normally, there is a security of tenure for 4 years but the landlord may end the tenancy during the first 6 months without giving any reason

After 6 months, tenant has right to stay for a further 3 years and 6 months

Tenancy according to Law

A legal arrangement in which someone has the right to live in or use a building or land owned by someone else in exchange for paying rent to its owner

What makes a Tenancy

A tenancy agreement is a contract between tenant and landlord

It lets tenant to live in a property as long as tenant pay rent and follow the rules

It also sets out the legal terms and conditions of your tenancy

It can be written down or oral (a spoken agreement)

Tenancy Agreement

The landlord-tenant relationship is formally stated in a Tenancy agreement

Points considered in tenancy agreement

1) tenant and landlord’s names and addresses

2) Landlord’s and tenants signature

3) Rental fee per month

4) Deposit for security

5) costs for maintenance

6) length of stay

7) rights and obligations of the landlord

8) rights and obligations of the tenant

9) tax levied on a rental tenancy agreement

10) restrictions on subleasing and alterations

11) termination and renewal clauses

Types of rent tenancy agreement

1) Leave and licence agreement

A temporary agreement that allows the tenant to use the property for a specified period

2) Tenancy agreement for a specific period

A fixed-term tenancy agreement that runs for a specific period after which the tenancy ends

3) Periodic tenancy agreement

A tenancy agreement that runs on a weekly or monthly basis and continues until either party gives notice to end the tenancy

Rights of landlords

1) right to evict the tenant

2) right to charge a rent

3) right to repossess the property for maintenance

Rights of Tenants

1) cannot be evicted unfairly

2) right to pay afair rent

3) right to essential services

Tenancy rights after 20 years in India

If landlord have not made a lease agreement with the tenant and hhey live in landlords property without any interruption from landlords end,

It gives the tenant the right to hold the property for an undetermined amount of time

This may encourage the tenant to claim for permanent tenancy

Rule of Adverse Possession

If any person, in India, holds any private property for more than 12 years and public property more than 30 years may claim ownership of the property by adverse possession rule

Transmissibility of tenancy upon tenants death

The 2021 model act allows the tenancy to survive the death of original tenant subject to the terms and conditions of the tenancy agreement, no open-ended hereditary tenancies are created, and the landlord retains control over premises in terms of the agreement executed

Tenancy Reforms

Tenancy reforms aim to regulation of rent, provide security of tenure and conferring ownership to tenants

The tenancy reforms laws provide the provisions for registration of tenants, or giving ownership rights to the former tenants to bring them directly under the state

Heritability of tenancy rights

The tenancy rights are heritable and the heirs of the tenant are entitled to enjoy the protection of the act

Maximum Tenancy Period

Residential agreements can be from 11 months, 3 years or 5 years

This is done to avoid the stamp duty charges

COMPILED BY:-