Fair rent
Querist :
Anonymous
(Querist) 23 November 2010
This query is : Resolved
I have seen the query of rent appeal by a person Rs2000 per month,to whom experts given answrs it took years to owner to make him to agree on suitable rent.Did our rent and property law is so poor that a owner cannot vacate his own house ?For that he has to fight which is his own permises? Why it is ?It is like for his own thing he is helpless....?Cannt we change the law of property how to stand?
s.subramanian
(Expert) 24 November 2010
Yes. The judicial proceedings consume so much of time with appeals,first appeals and second appeals,In between Revisions,CMAs. What to do? It is not the law of property that delays.
Advocate. Arunagiri
(Expert) 24 November 2010
The law is giving balanced protection to the landlord and the tenant. You have the right of evicting the tenant, if he is not paying the rent (willful default). You are also having the right to claim the property for your own occupation. If you prove that your need (own occupation) the court will order for eviction.
If the tenant is not paying the rent the court will order for remittance of the rent before the court.
If the landlord feels the rent paid by the tenant is far below, he can file a petition for fixing fair rent.
Thus the law is protecting the landlord against the tenant.
The law is protecting the tenant, against unlawful eviction.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 November 2010
Laws for tenants are always in his favor whatever you feel or argue and irrespective of provisions even all over the world.
I had posted a story of US court where even after order of the court for eviction and damages no senator came to help for enforcement. Occupants burnt court room the Judge barely escaped.The landlord in whose favor decree was passed died pennyless on whose property hundreds and hundreds became well off.
The moral of the story is pl do not let your property.
Querist :
Anonymous
(Querist) 25 November 2010
Yaah thas true But when world is changing why cannt this thing be changed...We should put a step forward for this.because it is like Britishers rule on India ,the same way the tenants whenever they wish they can harras the landlord if landlord is educated and honest(sharif) person.The things which are wrong its time now to change...Why don't we change it?
Advocate. Arunagiri
(Expert) 25 November 2010
Which part of the rent control act you see that it is in favour of the tenant? Do you want to say that no law should be there to protect the tenant? There are many cases where the landlord harasses the tenant.
Querist :
Anonymous
(Querist) 25 November 2010
Tenants has option they can change there places..But the landlord is always in problem,even in some cases rent control act of less than 2500 rent tenants use very well ,we all are very aware now a days rent rates in market.This is the reason now a days in Delhi many tenants are not ready to vacate.Now a days people are not giving houses on rent,but which tenants are from last many years they are not ready to vacate,moreover they are making like things wrong police complaints and cases on landlord.When the house is not belong to them ,then how they do all these things?And they now a days aware the weakness of laws and using fullfledge benifits of that?
Advocate. Arunagiri
(Expert) 05 December 2010
The rent control act protects the landlord. If he needs the property for own occupation, or if the tenant defaults in rent payment he can evict the tenant. Fair rent is based upon the building value.
The landlord used to suppress the land and building value for the purpose of reduction property tax. At the same time the land lord used to cry, when the fair rent is based on the building value disclosed by him.
The landlord will not disclose his actual rental income to the Income tax. He will issue receipt for a lesser value than the actual receipt.
All the above reasons are causing fixing lesser fair rent.
