TP Bhandari 07 January 2016

Unregistered rent agreement

I live in Kanpur and gave on lease a small industrial shed about 15 yers ago.Original rent agreement was for three years and not registered. Since then there have been many oral/email agreements for rent increase and are being adhered to. I now want this plot for my son's use but there seems some reluctance from the tenant's side to vacate. One clause in this unregistered agreement was as under

"This agreement could be cancelled by either party on a three months notice. If however, the tenant is unable to vacate within this notice period, the, the rent shall shall stand increased by 10% every month."

How do stand legally on :

1. the unregistered written agreement.

2. vacation notices sent by email

3. on 10% per month increase in rent if he does nt vacate

T P Bhandari

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3 Replies

adv.raghavan (Advocate,9444674980) 08 January 2016

In the absence to any registered rent agreement in place, any document or agreement entered upon in pursuance of the same is not valid, and tenant will be called as trespasser and you can evict him accordingly.

1 Like

adv.bharat @ PUNE (Lawyer) 22 May 2016

Unregistered rent agreement is void-ab-initio. Hence you can't enforce your legal right given by Law.

Yes you can send notice by any way but you need to take acknoledgement receipt of the same.

TOR of agreement is mutually decided by the party.

Thanks

Pradeep 22 May 2016

Even an unregsitered agreement is proof of mutually agreed tenancy-landlord relationship per se and should offset the status of a trespasser.But in absence of registered argreement the landlord is at receivng end as the terms of unregsitered document shall not be enforceable, and the land lord has to justify the cause for demanding eviction .