Assam Tenancy Act

Amit Jain (Querist) 17 June 2008 This query is : Resolved
I have rented my property to a PSU and they are using the premises since 20 years. The agreement was for 5 years and then further renewed. Now on 15/08/2006 the agreement has expired and since then I am not receiving any rent. If they are depositing the same in the court is not known to me.

I wish to know if i can sell the property to a third party and if so what will be the rights of the buyer of the property and the tenat with regard to tenancy of the same.

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Guest (Expert) 17 June 2008
As the tenancy has expired the tenant has to vacate.

You can sell the property with the tenant. But the buyer should be aware that he will not get vacant possession of the property.

He will have the same rights that are avaialable to you. He stands in your shoe.

Amit Jain (Querist) 17 June 2008
As the tenancy has expired, can I just walk in for custody of the property and place my lock. What are the implications if such a step is taken ?

What are my other alternatives ? I wish to get the place vacated at the earliest.

Guest (Expert) 18 June 2008
Are you in dialogue with the tenant, has he expressed any intention to continue.

If yes, then what is the dialogue.

If no, then you can issue a notice to vaacate within a week's time. Then go to police with the notice. You can alos approach the Muncipalaity to cut of water and power supply.

Unless we know the coorect status, difficult to comment.

Amit Jain (Querist) 18 June 2008
Yes, we are in dialogue with them, since last 3 years and they have expressed there willingness to continue. After a prolonged discussion of over 1 year we had given a letter to them to vacate the premises as we need the same for our own use. But we received a reply from their lawyer that we dont need it for our own use and we are unnecessarily stating this as because we want to increase the rent abnormally. At this we had given a reply to them that we will renew the agreement for six years and that they may give us rent at whatever rate they want but we want the premises vacated at the end of six years and this time there will be no renewal clause, it should be walk in for custody.

At this we have mutually agreed upon a rate but the draft agreement papers that they have sent us carries a new clause which says they will be at liberty to extend the lease by paying us 20% increment after six years and the renewal will be at their option only.

When we disagreed to the clause, they say that this is a standard clause with PSUs and we have to agree to this.

This is why I seek expert opinion as per the Assam Rent control ACT. What are my rights now as the landlord ?? How can I get possession of my property ?

Amit Jain (Querist) 19 June 2008
please suggest

Guest (Expert) 20 June 2008
I am lawyer from bangalore. I may not be able to advice on intercacies involved with ARC ACt.

There is nothing like standard clause for PSU. It is not correct. They cannot decide whether you require for own use or otherwise.

Once the term has expired, one of the party (You) donot whnt to continue the contract, there ends the matter. Consult a lawyer there only, he may help you with the options.