Old Rent Legislation Needs To Be Reformed

Feb. 20, 2009 - PRLog -- From one point of view, rent control gives tenants an easy weapon with which to

harass land owners and exploit them to the hilt. There are many buildings in

semi-urban and urban areas rented out to tenants since the 1960s for meagre rents

such as Rs 125 per month for three bedroom tenements. A legal battle for enhanced

rents or eviction may not help the landlord. Despite demand, ascertainment and

approach for adjudication, the landlord would probably fail to secure his minimum

rights and worth to his property. It appears that all the old rent control

legislations are totally tilted towards the tenant and the practical problems of

the courts and the law make it more convenient for people to continue as tenants

even if theirs is a losing case.

On the face of it the law gives the landlord many rights. The landlord can, for

example, evict a tenant on the grounds of non-payment of rent, subletting,

assigning it to someone, or parting with possession of the property partly or

fully, for construction, demolition and reconstruction of rented property, repairs,

for engaging in an act which is inconsistent with the purpose for which the

property was given on rent, damage caused by tenant, grounds of cessation of

employment of the tenant or landlord, unauthorised construction, grounds of

cessation to occupy, non-usage of premises for the purpose for which it was let

out, ground nuisance, acquisition of another accommodation, on grounds of the

erection of permanent structures, for affecting the landlord's interest in

accommodation, or denial of the title of landlord and renunciation of a tenant's

character.

Besides the above, a landlord can ask for fair rent, regular payment of rent, evict

a tenant for non-payment of rent on time, or not maintaining the property in a

reasonable way. The landlord can ascertain his right of re-entry into the premises

after the lease expired, and has the right of entry even during a tenancy period

for reasonable purposes at reasonable timings.In spite of these rights, it is still

difficult for the landlord to get these rights translated into reality as every

right needs to be adjudicated by a rent tribunal. Seeking justice in a rent

tribunal or from a rent controller is no doubt a remedy, but procedural problems

lessen the effect of the remedy and delays reduce its efficacy totally. Even if the

landlord's genuine cause of grievance is agreed to by a court of law, there is a

possibility of appeal which might even take him to the Supreme Court..........

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