Renting of property
Arun Srivastava
(Querist) 01 February 2013
This query is : Resolved
Dear Members,
I have rented my 2 room set to some tenant since last 3 years.
I have heard a lot about the lease of 11 months that generally owners use to make and renew again to protect their interests.
However, i did not make any sort of agreement or lease deed. I may continue with my tenant for few more years depending upon their behavior.
Meanwhile I also want to protect my interest.
I request the members to enlighten me regarding the existing privileges that the tenant enjoys and what all i should do to protect my interests.
Thanks
V R SHROFF
(Expert) 01 February 2013
As u r not worried for many more years, and allowing them to use it, you are inviting troubles than cannot be solved by legal procedure. They became protected tenants by now . you are late for any remedy to protect yr interests
Raj Kumar Makkad
(Expert) 02 February 2013
The major thing is faith and it seems that you have full faith in your tenant that is why you are offering him to use your property for some more years so nothing seems to worry as your tenancy is on the basis of month to month which can be got terminated by you after giving once month notice.
Arun Srivastava
(Querist) 04 March 2013
Respected experts. thanks for your valuable reply..
But going through your replies i got a bit confused as well as worried a lot.
Shroff sir - what trouble these so called protected tenants can cause. There must be some remedy. What are the rights of these protected tenants.
Makkad Sir - what u have suggested is very simple and seems there is no problem at all.
Now this tenant is demanding Rent agreement for LPG connection transfer from its native place.
Please suggest what plan of action should I take.
prabhakar singh
(Expert) 04 March 2013
You have not stated where the rented premise is situated and how old it is.??
Please check from a local lawyer, if rent control Act of the state where premise is apply to this building or not.Letting procedure of such building is different and provided in those Acts itself.
If the same does not apply then your tenant in absence of an agreement is a tenant month to month and his tenancy can be terminated by you after serving upon him a notice of 01 month under section 106 of the Transfer of Property Act.
Arun Srivastava
(Querist) 09 March 2013
Thanks sir for your prompt reply. My property is located in Indira Nagar Coloney of Lucknow, UP. It is around 20 years old property.
I sought an opinion of a local lawyer about the issue, he pointed that Rent Control Act is no more applicable in UP(not very sure).
ajay sethi
(Expert) 09 March 2013
never give your premises on leave and license without any registered agreement . enter into agreement for 33 months if you so desire but protect your interests .
only if the licensee is willing to sign the agreement give the premises for use . otherwise ask him to vacate
Arun Srivastava
(Querist) 09 March 2013
Thanks sir for your prompt reply. My property is located in Indira Nagar Coloney of Lucknow, UP. It is around 20 years old property.
I sought an opinion of a local lawyer about the issue, he pointed that Rent Control Act is no more applicable in UP(not very sure).
prabhakar singh
(Expert) 09 March 2013
The act is titled as "THE UTTAR PRADESH URBAN BUILDING (REGULATION OF LETTING,RENT AND EVICTION )ACT 1972"(U.P. ACT NO 13 OF 1972) and as per latest amendment buildings having monthly rent of more than Rs.1500/=00are exempted from it's application.
However to those building to which this act applies,land lord's right to let is restricted as he can not lease it on his own wish but shall have to lease a person to whom D.M.orders to let within 21 days from the date of vacancy caused notified to him by the land lord.
Any tenancy made in violation of this Act makes the tenancy void and no dejure relationship between land lord and tenant is established .The D.M. can ignore such tenancy and allot the building to an applicant ignoring the tenancy privately made.
However if such an occasion does not arise
such privately tenant can be evicted by the land lord after service of one month notice
and such tenant "treated as unauthorized occupant under this Act, can be evicted
without any protection umbrella schemed in the Act for benefit of allottee/tenants.
prabhakar singh
(Expert) 09 March 2013
The right way to legally let your building privately would be that do not let it below Rs.1500/00 p.m. rent and do not let it for more than a year(say let for 11 month in writing)because a lease for a period over a year shall attract registration.
Arun Srivastava
(Querist) 09 March 2013
Thanks sir. The rental in my case is more than Rs. 1,500 per month. Does It suggest that the said act is not applicable in my case.
Please suggest whether i need to execute any agreement and whether the same need to be registered.
Raj Kumar Makkad
(Expert) 09 March 2013
You are covered under Rent Act and you need to get the agreement executed and if the same is also got registered then it shall add colours.
prabhakar singh
(Expert) 09 March 2013
When per month rent of a building is above 1500?=00 The Act shall not apply to that building.Land lord can freely lease such building as per his own choice without any interference of D.M.(rent control authority)
But if land lords decides it to let for a period more than a year,a registered lease deed would be required as laid in the Transfer of property Act.But if period agreed is below one year then such tenancy can legally be created even by an unregistered lease.
In my opinion you should create lease in writing to have proof of rent payable as well as period for which tenancy is created.
