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Struggling Landlord (Proprietor)     16 March 2024

Sec 6 or Sec 8 Mh-Rent Control 1999 which will be applicable?

As per sec 6 of Mh Rent Act :-
Provision with regard to standard rent not to apply to certain premises

Notwithstanding anything contained in this Act, from the commencement of this Act, the provisions relating to standard rent and permitted increases shall not apply to any premises let or given on license in a building, whether newly constructed or otherwise where such premises were not let or give on license for a continuous period of one year:

Kindly share your valuable comments/feedback on above

I one of my very old tenant case my father & tenant had executed a Compromise Agreement before HC ..in 2000 & automatic expiry clause was Jul23 with execution of renewal on fresh term ...

as per MhRC holding over is tenant hence tenant continued in spite of our request for renewal (but on higher rent being the rental in adjoining blocks have gone very high ...upto ₹ 200/- p sq ft ...where as as CD of above even after periodical increment of 15% per 3 yrs ...the rent comes to just 15 ₹ per sq ft per month hence tenant is reluctant..

I am ready to compromise @ 50% of current ie 200/- per sqft

but still he is not ready

one clause in C Agr it was specifically agreed that "tenancy shall be monthly as per British calendar m which starts from 1st day of M & automatically ends on last day of M"

My query is can Sec 6 of Mh RC shall apply...ie Standard Rent shall not apply to this tenant?

or I need to file Std R u/s 8 of Mh RC Act ?

because before fileing I need to take proper decision

(I have leave & license of 8 adjoining shops @ 150--200 sq ft per m ) ...one of old similar tenant has executed executable C Decree @ ₹ 100/- per sq ft pm

hence I am also insisting for ₹ 80--100/- ...

through this portal ...can anyone through your valuable comments whether to go for Sec 6 or Sec 8 ?

thanks in advance


Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     17 March 2024

You may contact a local advocate with all relevant papers and take a decision as suggested because in my opinion it appears that the provisions of section 8 may not be apt to this situation


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