Introduction Protects The Rights Of Landlords & Tenants

Protects the rights of landlords & tenants tenancy laws for three Union Territories (UTs) were passed by the Union government. Tenancy rules for the islands of Lakshadweep, Dadra Nagar Haveli, and Andaman Nicobar were adopt by the Union Cabinet, which is led by the Prime Minister.

The Andaman and Nicobar Islands Tenancy Regulation, 2023, the Dadra and Nagar Haveli and Daman and Diu Tenancy Regulation, and the Lakshadweep Tenancy Regulation, 2023, were all accepted for promulgation by the Union Cabinet in accordance with Article 240 of the Constitution.

By balancing the interests and rights of both the landlord and the tenant, the tenancy regulations will create a legal framework for the development of a responsible and transparent ecosystem for renting and leasing premises in the Union territories (UTs).

The rules will give the rental market’s entrepreneurship and investment a much-needed boost. The legislation will also provide enough rental housing options for migrants, Workers in the formal and unofficial sectors of the economy, and other vulnerable groups of society.

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Regarding The Model Tenancy Act

The demand for rental homes has always been high, but the lack of sensible rental policies has made the market unattractive. Due to concerns about property damage, late rent payments, and tenant overstays, the majority of landlords in India don’t rent out their properties. On June 2, 2021, the union government enacted the Model Tenancy Act in an effort to reduce the lack of trust that exists between landlords and tenants.

The Model Tenancy Act intends to decrease litigation and open up the unoccupied housing stock in India’s major rental housing markets. According to the government, “it is expect to give a flip to private participation in rental housing as a business model for addressing the enormous housing shortage.” The 2019 draft of the tenancy bill is consistent with the provisions of the new Model Tenancy Act. The government’s “Housing for All” strategy will be strengthen by this act, according to real estate experts, and it may increase the number of investors in the rental housing market.

The State and Union Territories are free to either pass the New Model Tenancy Law or alter their current rental regulations.

Property use for residential or commercial purposes is cover under this law. Both urban and rural properties are cover under the act.

The following are the main points of the Model Tenancy Act that has been approve:

Protects The Rights Of Landlords & Tenants : Operational

1. For new leases, a written contract between the landlord and tenant is require and must be deliver to the local rent authority.
2. The law does not apply to tenancies that already exist.
3. The act makes clear what each party’s obligations are as a landlord and tenant.
4. The landlord is accountable for painting the home, making structural repairs (apart from those brought on by renters), and maintaining the plumbing and electrical system.
5. Tenants are responsible for fixing kitchen and socket fittings, clearing drains, replacing glass in doors and windows, maintaining the surrounding area, avoiding willful harm, and reporting any damage to the landlord.
6. The renters are prohibited from subletting the property without the landlord’s previous authorization.
7. The tenants are only permit to make structural changes with the landlord’s written permission.
8. The landlord cannot forbid the tenant from using necessities like electricity and water.If the landlord plans to inspect the space the tenant occupies, the tenant must be given 24 hours’ notice.

Financial

1. It encourages a standard security deposit. For residential properties, a security deposit of up to two months’ rent and six months’ rent for commercial properties may be request.
   The length of the tenancy and the rent shall be establish by written agreement between the landlord and tenant.
2. The conditions of the rental agreement between the landlord and tenant will govern the rent modification.
3. The landlord must provide a written notice three months in advance if there are no provisions in the agreement for rent modification.
4. If the tenant is unhappy with the rental increase, he or she should give the landlord a notice of tenancy termination.
5. If the tenant fails to comply with the latter, the renter shall pay the additional rent requested by the landlord.
6. Unless expressly mentioned in the rental agreement, the rent cannot be increase throughout the lease period.

Resolution Of Disputes

1. Different rents Every district must establish an authority, a court, and tribunals to guarantee that issues are resolve more quickly.
2. The court or tribunal will respond to the complaint within a 60-day window.
3. Unless both the tenant and landlord agree in writing, the tenants cannot be evict during the tenancy period.

Even when a dispute is pending, the renter is still require to pay the rent.

For instance, if the tenant refuses to permit structural renovations or the construction of a new building on the rent property, the landlord may seek judicial intervention.

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