Tenancy by holding over
Suchitra. S
(Querist) 23 August 2011
This query is : Resolved
Respected experts, If a lease period expires and if the tenant has not vacated the premise and also not given the rent for those months after the lease period, what action can the landlord take against him under law? I think the lease becomes tenancy by holding over. I want to know the rights of the land lord at such circumstances. Whether he has to send legal notice for eviction, and what about the arrears of rent payable?
H. S. Thukral
(Expert) 23 August 2011
If the tenant is a protected tenant under the rent control laws the tenancy is by holding over. You have to proceed under the rent control laws. If the tenancy is not protected then after the lease expires, it becomes from month to month and continues unless terminated by a notice as per law.Then after termination, the tenant is by sufferance akin to a trespasser. He can be ejected by due process of law. You can claim arrears of rent as well as market rate from the date you terminate the lease by giving a notice. Notice of termination of lease is must
Shastri J.K.
(Expert) 23 August 2011
Iagree with mr. Harbhajan Singh Thukral
Ravikant Soni
(Expert) 23 August 2011
Agreeing with harabhajan singh i add if lease period expired then no need of giving ejectment notice, just file suit under 106 TP Act.
Ravikant Soni
(Expert) 23 August 2011
After giving of notice of termination of lease you may claim mesne profit instead of rent.
prabhakar singh
(Expert) 23 August 2011
i concur the opinion expressed by Expert : Harbhajan Singh Thukral and state let it be any thing 1 month notice and termination of tenancy is a must in each and every case unless tenancy is a fixed term registered lease under TPA expiring on a fixed date,and not protected by any rent law of state.
H. S. Thukral
(Expert) 23 August 2011
Notice is must. The tenant can take the plea that the rent was paid for subsequent months and was accepted by the landlord. The conduct of the landlord might come in inquiry by the court. More over the terms of lease are important. If covenant in the lease say that after the expiry of lease the lessee was to handover peaceful possession then notice may not be necessary but it is always safe to serve legal notice as per section 106 of TPA
in my practice I follow this rule.
prabhakar singh
(Expert) 23 August 2011
i agree no harm in practicing notice,i just explained a situation of fixed term lease.
i do view things as you are viewing. No difference ,concur with.
Guest
(Expert) 24 August 2011
I agree with experts. the rents can be claimed only for the last preceeding period of three years only. other details agree with experts.
Suchitra. S
(Querist) 24 August 2011
Thanks for all the replies. I would be helped if any case law available in this matter. It is one and half year now after the lease period but no rent paid nor there is handover of keys with possession of the premises for my client.
H. S. Thukral
(Expert) 24 August 2011
There are numerous case laws which can help you. You can start with Raptakos Brett & Co. Ltd. vs. Ganesh Property, AIR 1998 SC 3085
Bhawanji Lakhamshi and others, v. Himatlal Jamnadas Dani and others, AIR 1972 SC 819.
Suchitra. S
(Querist) 25 August 2011
Thank you so much Harbhajan Singh ji for your timely help.
