PROTECTED TENANT

Querist : Anonymous (Querist) 16 February 2010 This query is : Resolved

1) WHAT IS PROTECTED TENANT?
2) HOW IT CAN BE DEFIND?
3) AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?
4) TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?
5) PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?
6) RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?
7) SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?
8) CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?

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Parveen Kr. Aggarwal (Expert) 16 February 2010
1) A tenant gets protection of statute when the statute provides so. In the Rent Control Legislations, it is provided that the tenant cannot be evicted except on the grounds of eviction provided thereunder. So despite expiry of the agreed period of tenancy, such a tenant can be evicted only on the proof of existence of any ground of eviction provided in the relevant Rent Act.

2) A protected tenant (or a statutory tenant) is a tenant whose possession is continuing after expiry of tenancy agreement with landlord but because of statutory protection the rights of landlord to recover possession from him have been restricted.

3) No time limit is prescribed under any law for commencement of a statutory tenancy but it will ensue on the expiry of the agreed period of tenancy.

4) A landlord is always entitled for rent from all tenants including statutory tenants. If a statutory tenant defaults in payment of rent, he can be got evicted as non-payment of rent is a ground of eviction in all the Rent Legislations.

5) A tenant is bound to pay the charges, including Water, Electricity, Maintenance charges to his landlord if his tenancy agreement so provides and the payment to such person who is entitled to receive all these charges under the agreement of tenancy, is perfectly legal.

6) If such unregistered association is entitled to receive such charges under the agreement of tenancy, then receipt issued by it is valid in any type of litigation.

7) If building collapses due to acts of the landlord the tenant is entitled for re-possession but if the building collapses due to any reason beyond the control of the landlord, the tenancy comes to an end.

8) Legal heirs of original tenant inherit tenancy rights but in some of the Rent Acts, their right is either extinguished or restricted.