amol k (engineer) 03 August 2012

Landlord didn't notify police about renting out property

My landlord did agree for registering the rent agreement but thought that I was supposed to get NOC from police. I knew that he was required to have it done. meanwhile he moved out of Pune and now out of country.

I needed police clearance for overseas employment/assignment. After applying for PCC and visiting local police station, the PI there has taken strong objection to my landlord not informing them as per District Commissioners order and now wants to press charges against my landlord under section 188.

in all this, he has not cleared my PCC application citing the same reason. I tried to convience the PI that my record is clear and requested to clear my application but he is adamant and not helping at all.

I would greatly appreciate if I can get answers/inputs to following questions:

1. How can I (in leagal way) try to get it done?

2. if my landlord is not physically present, would police try to evacuate me and seal the property? can they do that?

3. I've already lost 2 months in all this and ran out of time to hold on to the opportunity. is there an alternative way to get PCC?

thanks

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2 Replies

Tajobsindia (Senior Partner ) 03 August 2012

Courier post to your Landloard “Tenant verification Form” Ask him to fill it and affix photo and urgently ship it back to you.

Submit the same after filing your particulars and affixing photo to Jurisdiction Police Station. Take counter foil of submitted form which is stamped / signed at the time of submitting. Your or Landlord job to inform Jurisdiction Police station about promulgated Order by a Public Servant is over.

In due course a beat constable shall make a round to check its verification.

After para 2 give reasonable time (say 15 – 20 days) and affixing true Copy of counterfoil of tenant verification form which was stamped / signed given to you as acknowledgement re-submit your NOC Application with a fresh date.

Your work will now be done.

NO, police have no authority even under S. 188 IPC to throw you out unless some un-athorised activity or anti-social activity you are found to be indulged into ! Moreover S. 188 is between police and landloard and not between you and police !

If you have no confidence in above process flow, then vacate premises with due notice or rent in lieu of and shift to another rented premises and ensure that Tenant Verification is done on day 1 of occupying the new rented premises and NOC this time you will get as soon as presented.

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amol k (engineer) 06 August 2012

Thank you for detailed reply.

However, I'm confused....as per the order, if the onus of reporting to police is put on the landlord and he/she failed to do so why should I be held responsible/accountable for it?

furthermore, I had asked the concerned PI at the local police station if I could do it now (what you explained in your reply Para 1 & 2) .. get “Tenant verification Form” signed by landlord and consent letter with it as he/she can't be present in-person at the police station...I was told in black and white...they want the landlord to visit the police station in-person there is no alternative.

I am having very difficult time with the process. may be I should go for other option as suggested by you...vacate current residence and move to a one and also make sure that landlord does what he/she is required to do.

Curious to know if police are, by law, required to varify my records irrespective of whether landlord has notified them about my tenancy or not...and clear my application at the earliest.

Thanks again!