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Pritam Gupta (Teacher)     24 May 2014

About unregistered tenancy agreement

1. It is understood that an unregistered and expired tenancy agreement for 5 years in West Bengal is not admissible as an evidence but it can be used for "collateral purposes". Tenant is monthly tenant. Therefore which of the following issues will qualify their coresponding clauses in the agreement as to be under "collateral purposes"?

 a) Tenant has to give periodic rental increases.

 b) Tenant cannot do any repair or construction without landlord's permission. 

 c) Tenant cannot commit nuisance.

 d) Violation of any clause will lead to automatic termination of tenancy.

 e) Either party can give one month's notice for termination.

  f) Establishing landlord-tenant relationship.

  g) Establishing tenanted area.


2. Additionally are there any provisions in the West Bengal Tenancy Act that can aid in the eviction process in such a scenario as written previously and where tenant is violating clauses as written in (a), (b), (c), above and moreover tenanted portion is now required by landlord.




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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 May 2014

For your information the obligations of landlord and tenants applicable to you state is given below:

Obligations of landlord and tenant
 Obligations Of landlord.—
(1) Every landlord or his authorised agent shall issue a
written receipt in the prescribed form signed by him fo
rthwith on receipt of the amount of
rent and the charges relating to the maintenance of pr
emises from the tenant.
(2) Every landlord shall be bound to keep the premises in
good and tenantable
condition.
(3) Every landlord shall be bound to take measures for
due maintenance of
essential supply or service comprised in the tenancy.
(4) No landlord shall claim, demand or receive any pre
mium or other consid-
eration whatsoever for giving his consent to the sublet
ting of whole or any part of the
premises held by the tenant.
5. Obligations of tenant.—
(1) Every tenant shall pay rent to the landlord or h
is
authorised agent within the prescribed period.
(2) Every tenant shall use the premises for the purpose
for which it was let out to him.
(3) Every tenant shall allow the landlord or his autho
rised agent to enter upon the
premises and inspect the condition thereof after the se
rvice of a notice on him by the
landlord or his authorised agent in this behalf.
(4) No tenant shall make any addition to, or alterat
ion in, the premises without the written
consent of the landlord.
(5) No tenant shall sublet the premises without con
sent of the landlord in writing.
(6) No tenant shall, without the previous consent in
writing of the landlord, transfer or
assign his right in the tenancy or any part thereof.
(7) Every tenant shall pay the charges relating to the ma
intenance and amenities of the
premises at the rate of ten per cent of the fair rent
or agreed rent, as the case may be.
10
[(8) Every tenant shall pay his share of municipal tax a
s an occupier of the premises in
accordance with the provisions of the Kolkata Municipal Cor
poration Act, 1980 (West
Bengal Act LIX of 1980) or the West Bengal Municipal A
ct, 1993 (West Bengal Act XXII
of 1993).
10
Ins. by W.B. Premises Tenancy (Amendment) Act, 2002 (W.
B. Act 14 of 2001) (w.r.e.f.
10.7.2001).

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