Fair Rent
Querist :
Anonymous
(Querist) 21 November 2010
This query is : Resolved
Respected Experts,
For your ready reference, I have repeated my query which I posted yesterday.
I am a tenant in a shop situated at T.Nagar, Chennai. The owner of the premises has filed a suit for fixation of fair rent for the shop. The shop is about 10’ x 14’ =140 Sq.ft. Madras Terraced Roof, wooden doors, situated in the ground floor. Building more than 40 years old. Toilet situated in second floor. No water or toilet facility in the ground floor. Building poor maintenance. Can Experts who are conversant with fair rent proceedings tell me how much would be the maximum fair rent for my shop. At present I am paying rent of Rs.2000/- per month. I am tenant for the past 20 years.
I asked how much would be the fixation of fair rent for which I did not get any answer. Will it be double the time the present rent, or 3 times or 4 times. I shall be much pleased if some experts dealing with fair rent proceedings can help me in this issue.
R.Ramachandran
(Expert) 21 November 2010
Dear Anonymous,
The fair rent would be fixed based on the prevailing rent in the area - not on the basis of ones occupancy of the premises as tenant for a number of years or on the basis of the rent presently being paid by such a tenant. In view of this, none of us would be in a position to indicate what would be the fair rent that would be fixed. As a tenant in the area, you would be aware as to what is the prevailing rent there - in case you want to take another similar premises in the area what would be the rent - whether it would be twice, thrice, four times etc., of the present rent that you are paying. So please note that fair rent would be based on the prevailing rent in around the area.
Advocate. Arunagiri
(Expert) 21 November 2010
The fair rent will be fixed by the rent controller. The corporation of Chennai is also fixing the fair rent. See the tax book of the property, it will show the fair rent. Contact the Bill collector of the area, he can provide the fair rent of that area. You can get the information through RTI from the Corporation.
You can apply for fixing a fair rent in the Court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 November 2010
This is rare case that owner has applied for fixation of standard rent , it rarely happens.
Under all state rent control acts the provisions are in favor of tenant.
The standard rent will be fixed at the rate prevailing at the time when originally the premises were leased and not on current rates and so landlord will never apply.
