Dispute on rent
RIJU ANTONY
(Querist) 04 August 2016
This query is : Resolved
Sir
I am running a school in kerala.I am paying 20000 inr as rent for the building.My rental agreement is written for a period of 11 months and is not registered in registration department.My landlord is asking 30000 inr just after an year.According to rent control law rent should be hiked only after 3 years.Can i move to rent control court using my rental deed which is not registered.My landlord is not willing to register the deed .How can i legally challenge him to register it??
RIJU ANTONY
(Querist) 04 August 2016
Please give me proper guidance
Dr J C Vashista
(Expert) 04 August 2016
Rent Control Act is inapplicable in your case as it exceeds rent limit.
Contact, consult and engage a local prudent lawyer for proper guidance and proceeding.
Ms.Usha Kapoor
(Expert) 04 August 2016
DSear Client,
Although unregistered Lease Deed dpen't create any legal rights in your favour since you'v e been regularly paying rent without default and so it creates lease or tenancy by implication. Please get it registered as soon as possible. You can move Rent control court and produce evidence of unregistered rental deeds as a collateral purpose and your rental RECEIPTS TO DEFEND YOUR POSSESSION AS A TENANT IN A LEGAL WAY AND AGAINST THE HIKE OF RENT BY LANDLORD BEFORE THE EXPIRY OF 3 YEARS STIPULATED PERIOD. FOR Hike If YOU APPRECIATE THIS REPLY PLEASE CLICK THE THANK YOU BUTTON ON MY PROFILE.
R.K Nanda
(Expert) 04 August 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 04 August 2016
You can move for a relief, show all documents to local lawyer.
H.M.Patnaik
(Expert) 04 August 2016
Nothing more to add.
P. Venu
(Expert) 04 August 2016
Had you taken the building specifically for the purpose of running the School?
Dr J C Vashista
(Expert) 05 August 2016
I respectfully disagree with the dvise of expert Ms. Usha Kapoor since lease and licence for 1 year and above are to be compulsorily registered (Section 17(2) Registration Act). In the instant query the tenant has been licenced for 11 months which is optional to get the L & L registered, therefore, unregistered rent agreement for 11 months is valid and admissible in evidence.
Besides this States have enacted their own Rent Control Act(s), with minor deviations, to protect tenants in the state, with a ceiling of rent e.g., under the provisions of Delhi Rent Control Act, 1958 the Rent Controller can adjudicate the disputes for demised premises for Rs. 3,500/-. In the instant query the tenant is paying rent @ Rs. 20,000/-; accordingly, Kerala Rent Control Act has also limit, which is to be verified from local lawyer. In any case the limit cannot be for the rent of Rs. 20,000/-, therefore, the case can not be entertained/adjudicated by Rent Controller.
The author is required to contact, consult and engage a local prudent lawyer.
