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Eviction under tamilnadu rent control act


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Eviction under tamilnadu rent control act

  1. 1. EVICTION UNDER TAMILNADU RENT CONTROL ACT<br />Presented By,<br /> Dhanya N. Menon<br />
  2. 2. WHAT IS RENT CONTROL?<br />imposing a legal maximum (rent ceiling)<br />Upon the rent<br />Particular housing market<br />
  3. 3. ORIGIN<br />First time in US, in 1900s<br />to check uninhibited rent increases and tenant eviction <br />Need for rented house increased after World War II and with industrialization and corresponding urbanization <br />Rent Control Acts, under various names were introduced.<br />India’s 1st Rent Control Act: in Bombay in 1918: First World War<br />
  4. 4. THE LEGAL ASPECTS OF RENT CONTROL <br />Indian Constitution: “Housing” – State Subject <br />Enactment: responsibility of each State<br />Objects are similar<br />To protect the tenant from eviction from the house where he is living except for defined reasons and on defined conditions; and <br />To protect him from having to pay more than a fair/standard rent. <br />Landlord has the right to evict the tenant, if<br />He is guilty of certain specified acts <br />landlord requires the house for his own personal occupation. <br />
  5. 5. Grounds: Landlord can evict the tenant:<br />The law relating to the landlord’s rights to evict the tenant can be found in the Transfer of Property Act, 1882. <br />While a landlord can immediately start an action for eviction of a tenant on expiry of the notice of eviction under Section 106 of the Transfer of Property Act, 1882,<br />He cannot start such an action where the rent control act applies, unless he can prove the existence of one of the grounds of eviction under the Rent Act. <br />
  6. 6. EXEMPTION<br />Properties belonging to the government <br />• Any tenancy created by a grant from the Government in respect of the premises taken on lease or requisitioned, by the Government <br />• Newly constructed properties for a period of ten years (in Delhi) from the date of construction. This period may vary from state to state. <br />• Any premises, residential or other, whose monthly rent exceeds three thousand and five hundred rupees (in Delhi). The amount may vary from state to state. <br />religious and ethnic institutions <br />
  7. 7. TAMIL NADU RENT CONTROL LAWS<br />The necessity for imposing control of rents and prevention of unreasonable eviction of tenants arose during the war period<br />Rent Control Orders in the year 1941 <br />Renewed until Legislature enacted the Madras Act XV of 1946.<br />Act of 1946 was replaced by Madras Act XXV of 1949<br />In 1960, The Tamilnadu Buildings (Lease and Rent Control) Act,1960(XVIII of 1960) was passed<br />
  8. 8. FAIR RENT<br />Residential: 9 % of total cost of such building <br />Non Residential: 12% of total cost of such building <br />Total cost: <br />market value of the site in which the building is constructed<br />the cost of construction of the building<br />the cost of provision of anyone or more of the amenities specified in the Act<br />Fixed by the Controller on application made by the tenant or the landlord <br />Cond…<br />
  9. 9. Cannot be increased, but decreased<br />Landlord shall not claim, receive or stipulate for the payment in addition to such fair rent – advance can be asked <br />If not fixed: Agreed rent<br />Landlord liable to give receipt for rent or advance<br />
  10. 10. EVICTION<br />Section 10 of the Act<br />The right of eviction: Only on the reasons specified in the Act.<br />Tenancies where the Act has no Application: Notice of atleast 6 months<br />REASONS:<br />Willful omission of payment of rent for more than 15 days after the rent fell due<br />Subletting of the premises<br />Unauthorized use of the building<br />Has materially impaired the building or its value or utility<br />Using of building of unlawful purpose<br />Contd…<br />
  11. 11. Nuisance <br />Non occupancy for a period in excess of four months<br />Unlawful denial of landlord's title to the building <br />Landlord’s own use<br />Effecting repairs of the building<br />Creation of a new building<br />Landlord is religious or educational institution<br />Member of armed force<br />
  12. 12. CASE LAWS<br />A.S. SULOCHANA v. C. DHARMALINGAM ( 28/11/1986)<br /><ul><li>Eviction on the ground of subletting</li></ul>“tenant sought to be  evicted on the ground of unlawful<br />subletting under s.10(2)(ii)(a) of the Tamil Nadu Buildings<br />(Lease and Rent control) Act,1960 must himself have<br />been guilty of the contravention”<br />
  13. 13. T.Sivasubramaniam Vs. Kasinath (SC)<br />Mere desire of the landlord to live separately from<br />his father is not a valid ground for eviction of the<br />tenant <br />