Period of rent agreement in up (ii months or can be more)
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
What shall be the tenancy period in UP rent act?
As per prevailing practise it is 11 months.Is ther any legal reason behind it?
Can a agreement be netered for 3 years?
Does it require registration?
Raj Kumar Makkad
(Expert) 11 December 2011
Law of Rent has uniformity in whole country. It is for 11 months even in UP without having any need for registration but beyond a period of 11 months, it requires compulsorily registration as per local law.
prabhakar singh
(Expert) 12 December 2011
You have referred specially to UP Rent Act.
Then if your building is regulated by Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 you legally can not let such buildings on your without passing of an order of allotting authority without which the letting by the Act is treated void and vacant and allotment order with respect to such building can be passed by the allotting authority at any time he comes to know about such a vacancy by any source.
In case your building is exempted from operation of the Act ,you can make leases as following provisions of Transfer of Property Act.
People choose 11 months time just to avoid proper payment of stamp duty and registration fees with an additional benefit of enhancement of rent.
Guest
(Expert) 12 December 2011
Point-wise reply to your question is as follows:
1) You need to check whether your building falls within the scope of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, or not. If not you can enter in to agreement up to 11 months. Legal reason beind it is personal to the owners, as they would not need to get that compulsorily registered and save stamp duty and registration fee.
2) No ban in entering in to agreement for 3 years, provided you complete necessary legal formalities.
3) About registration, answer lies in (1) & (2) above.
