Central Government is bringing PAN INDIA Rental
property reforms and Tamil Nadu is the pioneer in introducing new Tenancy Act
and procedures.
With effect from 22.02.2019, The Tamil Nadu
Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017
come into force hence ultimately new tenancy agreements and let outs should be
according to it. This article aims to explain some of the major tenancy changes
landlord and tenants should know ;
1.The system of existing Rent Courts come to an end.
2.Land lord and tenant has to submit rental
agreement to Sub Collector range officer and an agreement number will be
allotted. Then the relevant agreement date will be uploaded in www.tenancy.tn.gov.in
3.Based on approved tenancy agreements disputes if
any between landlord and tenant will be resolved.
4. To implement this Act effectively such number of
officers will be appointed by District Collectors.
Point to keep in mind:
a.On mutual terms Landlord and tenant should enter
into an rental agreement.
b.Agreemed Monthly rent should be mentioned in
rental agreement.
c.More importantly Landlord should collect THREE
MONTHS rent only as security deposit and not more than that.
d.As agreed in rental agreement both landlord and
tenant has to maintain the property properly.
e.If Tenant is not vacating the premises after
agreed period then he has to give Double the amount as rent.
f.Disputes if any regarding tenancy, either land
lord or tenant has to give complaint to RDO/Rent Authority who in turn has to
solve the issue within 30 days. If not satisfied with the solution given by RDO/Rent
Authority then within 90 days aggrieved party can approach Rent Court then with
120 days to Rent Tribunal.
What is the immediate impact ?
No person shall, after the commencement of
this Act, let or take on rent any premises except by an agreement in writing. Where,
in relation to a tenancy created before the commencement of this Act, no
agreement in writing was entered into, the landlord and the tenant shall enter
into an agreement in writing with regard to that tenancy within a period of
ninety days from the date of commencement of this Act.
What happens to existing rental agreements
not registered so far ?
Any tenancy agreement in writing already
entered into before the commencement of this Act, shall be registered with the
Rent Authority by the landlord or tenant, by making an application in the Form
specifi ed in the First Schedule within such time as may be prescribed.
Conclusion : Monthly rent, mode of payment,
amenities in rental property, who has to pay Electricity charges etc., has to
be clearly mentioned in rental agreement. The aim of this new Act is that “ No
one should stay in rental property without registered rental agreement “. Without
such registered rent agreement, the parties to dispute, can not approach
RDO/Rent Authority for solution.
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