Maharastra rent control act 1999
reema kothare
(Querist) 19 May 2013
This query is : Resolved
Hi..
requesting you to kindly tell me that Under a Leave and License Agreement can a Licensee who is a private company and whose paid up share capital is less than 1crore can he claim protection under rent control act 1999????? please help me with relevant sections stating the same. its urgent
prabhakar singh
(Expert) 19 May 2013
In case of a leave and licence agreement, there is no transfer of interest, but only a permission is granted.
If the property is given on tenancy, there is an element of irremovability of the tenant by the owner except on the grounds of eviction mentioned under the Rent Act.
The application or non application of any rent Act is stated in every rent Act very clearly.
reema kothare
(Querist) 19 May 2013
Thank You very Much Sir. I have read the Maharastra rent control Act 1999 bt there it is not mentioned clearly any thing for Leave and licence agreement. if the Premises is occupied for a commercial purpose and nt residential purpose and the Leave and License Agreemnet is for 60 months in that case can a licensee claim protection under this Act if yes than under which section???? please help
ajay sethi
(Expert) 19 May 2013
Section 3 (1) (b) of the Act exempts ''the banks or public undertakings, multinational companies etc., having a paid up share capital of Rs. 1 crore or more, from the protection of the Act.
This means that that the Act shall not apply to any premises, let or sub-let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or foreign missions, international agencies, multinational companies, and private limited companies and public limited companies, having a paid up share capital of rupees one crore or more.''
The effect of this is that banks, public sector undertakings etc. cannot claim protection and have to vacate the premises as soon as the contractual period is over. Whether such a bank or a public sector undertaking was a tenant or a licencee or a lessee, once any contractual period of use is over, it is not entitled to stay in the premises.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 May 2013
Mah rent control act is most comprehensive compared to any other state act. If applied properly this as well all state rent acts are in favor of tenants.
However to understand its implications , protection and benefits for tenants-
1) You have to read the entire act with TP act.
2) You must go through very recent SC citations particularly given in favor of LANDLORDS.
Again this is contrary advice but here only one can know what mistakes the tenant had done to loose the case.
3) Very simple common mistakes by landlord and overlooked by advocates of tenants are-
a) Notice of landlord has many vital mistakes of fact and law which has to be appreciated at THE thresh hold.
b) No landlord maintains proper records of RENT RECEIPTS .Hear again rent and rent receipts are entirely separate issues.
MAH RENT CONTROL ACT HAS PROVIDED FOR A FINE OF HUNDRED RS PER DAY PER RECEIPT ON LANDLORD IF NOT PROPERLY ISSUED.
c) As a rule landlords demand excess rent which is prohibited uner most of the rent acts and particularly under Mah rent act it is a criminal offense.
SO YOU CAN KEEP BUSY YOUR LANDLORD ON MULTIPLE ISSUES BEFORE REAL CONTROVERSY COMES FOR HEARING. IT WILL TAKE DECADES.
R.K Nanda
(Expert) 19 May 2013
agree with experts.
Raj Kumar Makkad
(Expert) 19 May 2013
I do endorse the advice of Ajay and appreciate the efforts of Defense to chase everyone concerned in such cases.
