Rent

ajit agarwal (Querist) 29 March 2012 This query is : Resolved
smt malti devi dubey widow of dr daya sagar dubey.has no sucessor .have property in heart of the city jhansi(up).also one durga ji temple (sh maheswari devi ji temple).she form a private trust in 1985.according to this statue of maheswari devi ji will be the landlord of whole property.and 7 members commitie will look after it.in that property there where several private and goverment tenant having shops with too low rent. like 1000 sq ft shop having 35/- per month .in that property there is bank having 2000 sq ft ,gandhi asram shop having 1500 sq ft covered area in 75/- per month.we want to ask that can trust make any action on private and govt tenant to increse rent according to present market value of area.

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sanjeev murthy desai (Expert) 29 March 2012
If such lease or rent agreements have any enhancement clause then they have rights to ask them otherwise they should have to wait for termination of such agreements.

ajay sethi (Expert) 29 March 2012
the agreement entered into between the trust and tenants must be mentioning amount of rent payable . it also must be containing clause as to permitted increases .

ajit agarwal (Querist) 30 March 2012
there is no aggrement between trust and tenant they are the tenant at the time of malti devi dubey .a landlord before trust. there is no clauses for increasing rent as aggrement done between malti devi and tenants

V R SHROFF (Expert) 30 March 2012
Yes, they can increase rent, as Taxation, management of property etc increased.

ajit agarwal (Querist) 01 April 2012
ok thanks sir,pls tell me sir.that this property is constructed during 1900-1910 ad.wheter it come under up rent control act 1972 or not.

Guest (Expert) 04 April 2012
Of course the property falls within the scope of Rent Control Act. Only newly constructed properties for certain period from the date of construction enjoy exemption from the Rent Control Acts. For example, ten years in Delhi. The period of exemption may differ from state to state.

So, it is better now to raise the rent on mutually agreed terms and with the raise of rents also try to enter in to some agreements with each of the tenants and to specify some terms about termination of the agreement. For example:

1. Breach of condition of tenancy
2. Subletting
3. Default in payment of rent for specified period
4. Requirement of building for own occupation
5. Material deterioration in the condition of the building, etc.

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