TNRRRLT Act,2017

(TAMILNADUACT NO. 42OF 2017)
JAI BHARATH
ADVOCATE
M/s Giridhar & Sai
THE TAMIL NADU REGULATION OF RIGHTS AND
RESPONSIBILITIES OF LANDLORDS AND TENANTS
ACT, 2017
1

INTRODUCTION
The Act-2017 was enacted to replace the former State enactment,namely,
o theTamil Nadu Buildings (Leaseand Rent)Control Act-1960[Sec– 47]
 Received assent of the Governor on 04.08.2017.
 Came into force on 22.02.2019.
Objective
• Toestablish framework for the regulation of the rent
• To balance the rights and responsibilities of landlords and tenants
• To provide fast adjudication process for resolution of disputes;
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TheAct isextend to… (Sec-1 (2))
All Urban Areas of the State of Tamil Nadu
Extent
Urban Area means ….(Sec- 2(o))
1. Areas that fall under the jurisdiction of either the Municipal
Corporationor
2. TheMunicipality or
3. Thetownpanchayator
4. TheCantonmentBoard,asthecasemaybe.
Note:
Section 3 (12-D). 'Municipality’ of Tamil Nadu District Municipalities Act, 1920
Section 3(18-A) 'Panchayat town' of Tamil Nadu District Municipalities Act, 1920
Section 10 ‘Cantonment Board’ of The Cantonments Act, 2006
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Premises[Sec-2(f)]
Premises means
any building or part
of a building let
separately for the
purpose of
residence
Commercial
Educational Includes
Garden,groundsandout
houses,appertainingtosuch
orpartofthebuilding
any fitting to such
building or part of the
building for more
beneficial enjoyment
thereof,
But does not include
hotel, lodging house,
dharamshala or inn, or
the like;
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EXCLUSION Sec-3
a) Any premises owned by Central or State Govt or Local authority or a Govt undertaking or enterprise or a
statutory body or Cantonment board;
b) premises owned by Company, university or organisation given on rent to its employees as part of service
contract;
c) any premises owned by religious or charitable institutions as may be specified by the Government, by
notification;
d) any premises owned by Waqf registered under the Waqf Act, 1995 or to any trust registered under the Indian
Trusts Act, 1882;
e) any other building or category of buildings specifically exempted in public interest by the Government, by
notification:
Proviso : any owner of the premises falling under clauses (a) to (d) wishes that the tenancy agreement entered
into by them be regulated under the provisions of this Act, they may inform the Rent Authority of their desire to
do so at the time of information of the tenancy agreement under section 4 of this Act.
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LANDLORD[Sec-2(c)]
Landlord means ….
a person who for the time being is receiving or is entitled to receive the rent of a premises,
oon his own account and
oShall include his successor-in-interest:
Proviso: A person who is entitled to receive for benefit of any other person who
cannot enter into a contract, whether a trustee, guardian or receiver, then such trustee, guardian
or receiver shall also be a landlord for the purposes of this Act;
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PROPERTYMANAGER [Sec–17–19]
Sec 17- Entry with Notice (24 hrs before the time of entry)
• To carry out repairs/replacement/get work done
• To carry out inspection for determining the habitual state of the premises
• For any other reasonable reason as specified in the tenancy agreement
17(2) – Notice demands
 Reason
 The Day
 Time of entry between 7am to 8pm.
Sec 18 – Information about the Property Manager
Landlord must provide tenant
• Property manager’s name
• Proof that he is agent of the landlord
• If manager is a company then name of the company and contacting employee
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PROPERTYMANAGER [Sec–17–19]
continued…..
Sec -19 – Role and Responsibilities of Property Manager
(a) collection of rent against receipt;
(b) getting essential repairs done on behalf of the landlord;
(c) inspection of the premises, from time to time;
(d) giving notices to tenant for—
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises; and
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between landlord and tenant;
(f) any other matters relating to tenancy
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TENANT[Sec-2(n)]
Tenant means any person by whom or on whose account or behalf
the rent of any premises is payable
and includes….
oAny person occupying the premises as a sub-tenant, also
oany person continuing in possession after the termination of his tenancy, or
But does not include any person against whom any order or decree for eviction has been
made;
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FORMATIONOFAUTHORITIES
SEC30-35
 Rent Authority means an officer appointed under section 30. [Sec-2(i)]
 The Collector shall, with previous approval of the Govt, appoint an officer, not
below the rank of Deputy Collector to be the Rent Authority for the area
within his jurisdiction to which this Act applies. [Sec-30]
 Power and Procedure of the Rent Authority:[Sec-31] & (Rules – 8&9)
• Rent Authority shall have the same powers as Rent Court
• In any proceeding u/ss 9,10,14,15 and 20 of this act.
• Procedure is laid down in ss 36 and 39.
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Continued…..
 “Rent Court” means a Rent Court constituted under section 32;. [Sec-2(j)]
 The Govt may by notification, constitute Rent Courts in as many urban areas as
may deemed necessary[Sec-32]
Proviso -Govt may designate
 By General or special order, business be distributed among the two or more rent
courts
 The Presiding officer of the Rent Court shall be in the cadre of the District
Judge
Existing rent court as the Rent Court under this act
Any other court established under the any other law as the
Rent Court under this act.
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Continued…..
 “APPEAL (RLTOP) to the Rent Court having territorial jurisdiction” shall lie against the order of the
Rent Authority; [Sec-33]; Limitation – 30 days from the date of Order.
 RENT COURT alone has jurisdiction and no Civil Court shall have jurisdiction to the area this
Act extends. [Sec-34]
Proviso- Court shall give due regard to the Transfer of Property Act, 1882, Indian Contract
Act, 1872 or
or any other substantive law substantive law applicable to such matter.
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Continued…..
 “Rent Tribunals” means a Rent Tribunals constituted under section 35;. [Sec-2(l)]
 The Govt may by notification, constitute Rent Tribunals in such places as deemed
necessary and notify Principal Tribunal in the places of two or more
tribunals[Sec-35]
Proviso -Govt may designate
 The Presiding officer of the Rent tribunal shall be from the State Higher Judicial
Service
Existing rent tribunal as the Rent tribunal under this act
Any other tribunal established under the any other law as
the Rent tribunal under this act.
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Continued…..
 “Rent Tribunals” (RLTA)consists of one or more benches
 With each bench headed by an Appellate Member
 Senior Most Appellate Member is the Principal Appellate Member
Transfer of cases(35(2))- Principal Appellate Member may transfer appeals from one Bench of
the Tribunal to another.
Principal Rent Tribunal may transfer appeal from one Tribunal to another tribunal.
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Tenancy Agreement Sec-4
• Tenancy Agreement is mandatory
• If there is no agreement prior to commencement of this act (22.2.2019) then within a
period of 210 days the parties shall enter into an agreement.
• The said tenancy agreement shall be registered with the Rent Authority by either of
the party by making an application in the Form specified in the Ist Schedule within (90
days- R 3(3)) from the date of execution.
• On receipt of the Application the Rent Authority shall register the agreement (within 30
days)
• The rent authority shall reject the application with reasons after giving the opportunity of
being heard by the parties, if such application does not conform to the provisions of this
Act.
• The Rent Authority shall provide registration number(T.R.No.) R 3(5) and shall also
upload details and tenures of the premises and the tenancies respectively within 15 days.
• Effect of Non- registration:- The rent court is not expected to weigh the evidentiary
value of the tenancy agreement.
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Period of Tenancy Sec-5
 Period of Tenancy as specified in the Tenancy Agreement
 For renewal or extension of Tenancy
 Tenant may approach the landlord
 Prior to the expiry of the tenancy agreement
 If agreeable to the landlord may enter into a new tenancy agreement.
 Tenancy agreement expires, the tenancy shall be month to month basis for a period of six
months
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 Tenancy shall cease at the death of the Tenant
 But if the successor had been ordinarily living or working in the premises with the
deceased tenant upto his death then Successor in interest shall have right of tenancy
for the remaining period in the following order:
a) Spouse;
b) Sons, daughters or daughter-in-law being the widow of a pre-deceased son;
c) Either or both of the surviving parents;
Successor Sec-6
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Subletting Sec-7
 Previous consent from the landlord is must for sub-letting after the commencement of
this Act
 But before the commencement of this act if the tenant has sub-let then the tenant shall
inform the landlord the date of commencement or termination of sub-tenancy, as the case
may be, within one month.
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Rent Sec-8 to 11
 Rent agreed between the landlord and tenant;(tenancy after commencement of this act)
 If no tenancy agreement then Rent(tenancy before commencement of this act) Sec -8
agreed between the landlord and tenant in the agreement executed between them
under Sec 4(2); Old tenancy agreement exists then agreed rent in such agreement.
 Revision of rent shall be as per terms set out in the agreement;
 The landlord shall give notice in writing three months before the revised rent becomes due.
 If a tenant fails to give the landlord notice of termination of tenancy, the tenant shall be deemed to
have accepted whatever rent increase has been proposed by the landlord; Sec -9
 Rent may not be increased during currency of the tenancy period, if the premises let for the fixed term
unless the method of working out of increase is set out in the agreement;
 Expenditure on account of Improvement, addition or structural alteration in the premises, such increase
shall become effective from one month after the completion of work.
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Rent Sec-8 to 11
Continued…..
 Rent authority on an application made by the landlord or tenant
 Shall fix or revise the Rent and other charges and also fix the date Sec -10
from which the rent payable in accordance with tenancy agreement
 Security deposit shall not be charged in excess of three times the monthly rent;
 Security deposit shall be refunded to the tenant during vacating the premises by the Sec -11
tenant after making due deduction of any liability of the tenant.
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Obligations of Landlord and Tenant
Sec 12 -20
Agreement(S-12)- Landlord shall give one original signed and registered
agreement(with Rent Authority) to the tenant within 15 days
Rent Reciept(S-13)- Written Receipt to be given for rent paid signed by landlord or
property manager. Proviso -payment is through electronic medium, the bank
acknowledgement shall be proof
Landlord Maintenance(S-15)- Joint responsibility on the both parties as specified in the 2nd
Schedule
Roles of Property Manager(S-17-19)-Please refer slide 7 & 8
Essential Services (S-20)- No landlord or Tenant shall cut off essential services
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continued…..
Sec-20 – If essential service is cut off, on the complaint from either of the party, the rent authority
may pass an interim order for restoration.
-Rent Authority shall also complete the main inquiry within one month of filing of such
complaint.
- Rent Authority may also levy penalty on the person responsible but not more than
Rs.5000/-
-Compensation for the frivolous and vexatious complaint.
Essential Service explained-supply of water, electricity, lights in passages, lifts and on staircases,
conservancy, parking, communication links, sanitary services and the
like.
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continued…..
Rent (S-13)- Rent be paid within stipulated time in tenancy agreement
Deposit of Rent(S-14)-Refusal to give receipt then the rent shall be sent by postal money
order or any other method(R 4(1)) for consecutively two months, if landlord doesn’t accept
(also bonafide doubt to whom the rent is payable)then deposit the same with rent
authority.
Tenant Maintenance(S-15)- Joint responsibility on the both parties as specified in the 2nd
Schedule
Tenant to look after the premises(S-16)- (a) not intentionally or negligently damage the
premises or permit such damage;
(b) notify the landlord of any damage as soon
as possible;
(c) take reasonable care of the premises and its
contents and keep it reasonably habitable
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Repossession of the Premises
Sec 21 - 29
Sec-21 – Tenant shall not be evicted during period of Tenancy
Grounds for recovery of possession:
a) Failed to enter into an agreement
b) Not paid the arrears in full of rent for two months including interest for delay. (Within 1 month notice in the manner
provided in section 106(4) of the Transfer of Property Act, 1882)
Proviso
c) Subletting without consent from landlord
d) Continued misuse of the premises even after notice from landlord to stop such misuse
e) Repairing/building/rebuilding/additions/alterations/demolition of the premises
Proviso
No order of eviction, if tenant paid default rent within 1 month of notice
being served
The above relief shall not be available, if tenant defaults consecutively
for 2 months in any one year subsequent to above relief
Re-entry shall be allowed only when mutually agreed
Re-entry shan’t be allowed where tenant has been evicted under orders of Rent Court
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Continued….
Grounds for recovery of possession:
f) Repairing/building/rebuilding/additions/alterations/demolition of the premises for change of its use as a consequence
of change of land use
g) the premises required for himself or for any member of his family or for any person for whose benefit the premises were
held
h) Tenant has given written notice to quit in consequence the landlord has contracted to sell the accommodation or has
taken any other step, as a result landlord’s interest will seriously suffer.
Note: in the case of Repairing/building/rebuilding/additions/alterations/demolition under clause (e), the Rent Court may
allow eviction from only a part of the premises, if the landlord is agreeable to the same.
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Section -22
Continued….
Where recovery of
possession is made u/s
21(2)(g), then the landlord
can obtain possession
Within 1 month – for
residential purpose
Within 3 months – for
commercial purpose
Where a landlord recovers
possession of any premises
from the
tenant made u/s 21(2)(g),
the landlord can re-let only
with the permission of the
Rent Court within three
years
from the date of obtaining
such possession
Violation – penalty – shall
not be more than
Rs.25,000/-
Where a landlord acquires
any premises by sale, gift,
lease or exchange, no
recovery could be made by
him u/s 21(2)(g) until the
tenancy agreement created
before such transfer elapsed
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Continued….
Compensation in the case of Non-Vacancy – Double the monthly rent for non- vacancy
after tenancy has been terminated by order, notice or agreement. [Sec-23]
Refund of advance rent by the Landlord – Landlord shall refund the advance rent to the
tenant after deducting the rent and other charges due by the tenant. In case of default of
refund landlord shall be liable to pay 8 % interest at such rate as may be prescribed from
time to time on the amount default. [Sec-24]
Payment of Rent during eviction proceedings – Landlord may at any stage of the
proceedings apply to Rent Court to pay rent to the landlord and the Rent Court may order the
same. [Sec-25]
Permission to build additional structures - Subject to Landlord’s ready and willingness to
commence the work to build additional structures the Rent Court may permit the landlord to
do such work. [Sec-26]
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Continued….
Special provision regarding vacant sites– Subject to Landlord’s ready and willingness to
erect any building in the vacant site the Rent Court may permit the landlord to do such work by
directing severance, place the landlord in possession of the vacant land, determine the rent
payable in respect of rest of the premises, and make such other orders as it thinks fit.[Sec-27]
Vacant possession to Landlord – The order of the Rent Court for eviction shall be binding on
all occupants who may be in occupation of the premises and vacant possession thereof shall be
given to the landlord by evicting all such occupants therefrom. [Sec-28]
Notice by tenant giving up possession– The Tenant may give up possession by issuing notice
as set out in the tenancy agreement and in the absence of such clause in the agreement the
notice shall be given to the landlord of at least one month before giving up possession [Sec-29]
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Procedure of Rent Court and
Rent Tribunal
Section - 36
 Not bound by CPC, but shall be guided by Principles of Natural Justice
 Power to regulate their own procedure
 Rent Court shall follow the following procedure:
 Evidence shall be given by affidavit, however in the interest of justice the court may order attendance
for examination or cross examination of witnesses
 The provisions of CPC is applicable for service of summons
 Every application or appeal shall be in the forms as prescribed
a) Parties may file an application accompanied by affidavits and documents if any;
b) Court, then, shall issue notice accompanied by application, affidavits and documents;
c) Opposite party shall file a reply accompanied by affidavits and documents, after
serving it to applicant;
d) The applicant may file rejoinder after serving it to opposite party;
e) The rent court then fix the date of hearing.
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Procedure of Rent Court and Rent
Tribunal
Section – 36
Continued…
 The Rent Court shall not allow more than three adjournments, in case if it does then with
reasons with writing and reasonable cost is mandatory.
 All applications u/s 21(2)(a),(b),(c),(e),(f) & (h) shall be decided within 90 days
 All applications u/s 21(2)(d) & (g) shall be decided within 30 days (Premises misuse and
premises required for himself)
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Powers of Rent Court and Rent
Tribunal
Section - 37
 Same powers as CPC for the purpose of :-
 Any proceeding before Court and Tribunal shall be deemed to be
 a judicial proceeding within the meaning of Ss 193 and 228, and for the purpose of S 196 of IPC and
 Civil Court for the purposes of S 195 and Chapter XXVI of the CrPC.
a) Summoning and enforcing the attendance of any person and examining him on oath;
b) Requiring the discovery and production of documents;
c) Issuing commissions for examination of the witnesses and documents;
d) Issuing commissions for local investigation;
e) Receiving evidence on affidavits;
f) Dismissing an application or appeal for default or deciding it ex-parte;
g) Setting aside any order of dismissal or appeal for default or any other order passed by ex-parte;
h) Execution of its orders and decisions under this act without reference to any civil court;
i) Reviewing its orders and decisions;
j) Any other matter as may be prescribed.
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Powers of Rent Court and Rent
Tribunal
Section – 37
Continued…
 For holding any inquiry or discharging any duty:
 Appoint assessor or valuer to advise in the proceedings. (Expert opinion)
 Any clerical, arithmetical mistake or any other error out of accidental omission may be
corrected.
 The Rent Court may exercise the powers of the Judicial Magistrate of the First class for
recovery of fine.
 Order made by Court or tribunal is executable by the Rent Court as a decree of a civil
court
 The rent court may set aside any order passed ex-parte
 Order made by rent court shall, subject to decision in appeal, be final.
a) 24 hrs notice in writing to enter and inspect any premises at any time between sunrise and sunset;
b) By written order, require any person to produce for his inspection such books or documents
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Appeal to Rent Tribunal
Section – 38
“APPEAL (RLTA) to the Rent tribunal (within local limits of whose jurisdiction the premises situated) shall
lie against the order of the Rent Court; Limitation – 30 days from the date of Order along with copy of such
final order.
Serve notice and fix hearing not later than 30 days form the date of service of notice of appeal and appeal
shall be disposed of within a period of 120 days days form the date of service of notice of appeal
Tribunal may allow documents at any stage of the proceedings but this facility is available only once.
Tribunal may pass interlocutory order.
While deciding the appeal, after recording reasons, confirm, set aside or modify the order of the Rent Court.
The decision is final and no further appeal or revision shall lie.
On application or on its own motion transfer any case from one Rent Court to another. After transfer of
case the rent court shall proceed from the stage which it was transferred.
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Execution to Rent Tribunal
Section – 39
Execution (RLTEP) – On application, execute a final order by adopting one or more of the following modes:
The Rent Court may take help from local government or local body or the local police for the execution of
the order. Note: Payment of cost to the police be decided to obtain the help of police.
The disposal of execution proceedings shall be made within 30 days from the date of service of notice to an
opposite party.
a) Delivery of possession
b) Attachment and sale of movable or immovable property
c) Attachment of any one or more bank accounts
d) Appointing any advocate or any other competent person for the execution of the order.
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Miscellaneous
Jurisdiction of Civil courts barred (Sec - 40)
 Court Fees - (Sec - 41)
(1)The provisions of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 shall apply.
(2)The applications for recovery of possession made to the Rent Court and the memorandum of appeals presented
before the Rent Tribunal shall be treated as suits for the purposes of computation of court-fees.
(3)The court-fees on the application filed before the Rent Authority shall be same as of an interlocutory application
presented in a civil court.
 All members of Rent Court, Tribunal and Rent Authority shall be deemed to be public servants. (Sec - 42)
 No suit or prosecution lie against the Rent Court or Tribunal or Rent Authority. (Sec - 44)
 Power to make rules (Sec - 45)
 Power to Remove difficulties (Sec - 46)
 Repeal and savings (Sec - 47)
 Act 1960 shall be continued in force for all cases and other proceedings pending in the said act.
 Plaintiff entitled to withdraw with liberty to file fresh application under this act. [Limitation 180 days for withdraw and 360 days for
filing]
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ANY QUESTIONS AND COMMENTS
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TNRRRLT Act,2017

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