Model rent judgement
Querist :
Anonymous
(Querist) 29 May 2011
This query is : Resolved
As per the new Judgement of SC on the enhancement of the rent to the current market value for the properties having very low rent (Let out 20-25YRS)I would like to know how to proceed on this .I have a property where tennants are paying very low rent (Rs2000/mth)and fulfil all the criterias as per the SC new judgement.I would like to know (a)Do i give notice to them directly or i approach the court for the implementation.(b)who are the approved valuers who can certify the market rent of my property which court will agree to.(C)Does these guidelines will become the precedence for the lower court to act on and will direct my tennants directly to enhance the rent or my case will be evaluated as other normal cases under rent control and will have lenghty proceedings.
R.R. KRISHNAA
(Expert) 29 May 2011
Dear anonymous
You have to first issue notice asking for a enhanced rent. On the tenant failing to comply the same you can file a petition before the rent controller for fixation of rent. You may rely on any licenced engineer's report to show the value, area located and near by amenities and other relevant factors of the property and the present rent it will fetch.
The guidelines issued by the Hon'ble Supreme Court are only guidelines for the rent controller (court) to decide cases. Every court (rent controller) must decide the case based on its own facts and circumstances only. Hence your case will depend on its own facts and the length of proceedings cannot be predicted.
You may first take advice from any attorney on your local rent laws.
Best regards,
