Harish (Manager) 27 December 2020

Rent agreement for the lock down period

My employer requested a Rent Agreement as a compulsory condition to get HRA benefit, where the rent agreement should clearly specify the duration of the period exemption is claimed i.e from 1st April 2020 onwards .

Now my query is - During the period starting from nationwide lock down from 24th March 2020 till Unlock 1.0 started from June 1,2020 - most of the sub registrar office and notary services were suspended so legal rent agreement work was NOT done in most of the courts/sub registrar office. Want to know if there is any verdict from any court or any other law which provides exemption that if a rent agreement created on a later date can cover the entire HRA claimed period starting 1st April.

What and how I should do to satisfy my employer condition of rent agreement with start date of specified period.

Reply Follow

7 Replies

Advocate Bhartesh goyal (advocate) 28 December 2020

Rent agreement can be executed now with retrospective effect from 01-04-2020 and it will be perfectly valid.

1 Like

Harish (Manager) 28 December 2020

Originally posted by : Advocate Bhartesh goyal
	Rent agreement can be executed now with retrospective effect from 01-04-2020 and it will be perfectly valid.

If I make a rent agreement now can we get a mutually (between owner and tenant ) agreed retrospective dates clause mentioned there-in, specifying the tenancy/commencement for this agreement started backdated from 1st April 2020 . Or what could be a better legally acceptable clause that can be inserted so as to make its usability to claim HRA starting 1st April 2020

P. Venu (Advocate) 28 December 2020

Rent agreement - Does your employer insist that it should be a registered one?

Harish (Manager) 28 December 2020

Originally posted by : P. Venu
	Rent agreement - Does your employer insist that it should be a registered one?

they mentioned "Duly executed agreement " ..

Dr J C Vashista (Advocate) 29 December 2020

I agree and appreciate the opinion and advise of expert Mr. Bhartesh Goyal.

Execute and get the rent agreement registered w.e.f. 01st April, as desired by your employer, if you are entitled and want to claim HRA.

1 Like

Harish (Manager) 29 December 2020

Originally posted by : Dr J C Vashista
	I agree and appreciate the opinion and advise of expert Mr. Bhartesh Goyal. Execute and get the rent agreement registered w.e.f. 01st April, as desired by your employer, if you are entitled and want to claim HRA.

Sir, Do we need to mention in the agreement that it commences retrospectively from 1st April, 2020 and due to lock down we can't get executed it earlier ?

Dr J C Vashista (Advocate) 30 December 2020

Originally posted by : Harish
	Originally posted by : Dr J C Vashista I agree and appreciate the opinion and advise of expert Mr. Bhartesh Goyal. Execute and get the rent agreement registered w.e.f. 01st April, as desired by your employer, if you are entitled and want to claim HRA. Sir, Do we need to mention in the agreement that it commences retrospectively from 1st April, 2020 and due to lock down we can't get executed it earlier ?