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model tenancy act 2021

                     MODEL TENANCY ACT 2021 



INTRODUCTION 


INDIAN LEGISLATION HAS PASSED THE MODEL TENANCY ACT TO ENACT AND AMEND LAWS ON RENTAL PROPERTIES . 

THE ACT HAS MADE THE CERTAIN CHANGES LIKE THE VERBAL AGREEMENTS ARE MADE ILLEGAL . JURISDICTION OF THE CIVIL COURTS BARRED . SECURITY DEPOSIT IS ALSO CEILED AT THE 2 MONTHS RESIDENTIAL RENT OF THE HOUSE OR THE PROPERTY. IN THE CASES OF FORCE MAJEURE THE TENANTS WILL BE ALLOWED TO STAY IN THE HOUSE FOR THE NEXT MONTH . 


PROVISIONS OF THE ACT 

  1. MANDATORY IS THE WRITTEN DOCUMENT ALL THE OTHER FORM OF DOCUMENTS WILL BE HELD ILLEGAL . 

  2. ESTABLISHES AN INDEPENDENT AUTHORITY IN ALL REGIONS OF THE NATION . 

  3. MAXIMUM LIMIT OF SECURITY DEPOSIT TO A MAXIMUM OF TWO MONTHS RENT . 


RIGHTS AND RESPONSIBILITY OF TENANTS AND OWNERS 


THE OWNER OF THE PROPERTY WILL BE RESPONSIBLE FOR SUCH ACTIONS AS REPAIRS TO THE BUILDING OTHER THAN THOSE REQUIRED DUE TO DAMAGE CAUSED BY THE TENANT, PLASTERING OF WHITE WALLS AND PAINTING OF DOORS AND WINDOWS, ETC.

THE TENANT WILL BE RESPONSIBLE FOR CLEANING PLUMBING, REPAIRING SWITCHES AND REPAIRING SOCKETS, REPAIRING KITCHEN UTENSILS, REPLACING GLASS PANELS ON WINDOWS, DOORS AND KEEPING GARDENS AND OPEN SPACES, AMONG OTHERS.


PRELIMINARY 24 HOUR HOME NOTICE


THE PROPERTY OWNER WILL BE REQUIRED TO GIVE 24 HOURS NOTICE BEFORE ENTERING THE LEASED PREMISES TO REPAIR OR REPLACE IT.

PROCEDURE LEAVING PROCEDURE:

IF THE LANDLORD HAS COMPLIED WITH ALL THE TERMS OF THE LEASE AGREEMENT – NOTIFICATION ETC. – AND THE TENANT FAILS TO LEAVE THE PREMISES AT THE END OF THE LEASE TERM OR THE TERMINATION OF THE LEASE, THE LANDLORD IS ENTITLED TO DOUBLE THE MONTHLY RENT FOR TWO OR FOUR MONTHS THEREAFTER.


INSTALLATION


IT WILL WORK IN RESIDENTIAL, COMMERCIAL OR EDUCATIONAL BUILDINGS, BUT NOT FOR INDUSTRIAL USE.

AND IT WILL NOT INCLUDE HOTELS, DORMITORIES, DORMITORIES, ETC.

IT WILL BE USED NEXT AND WILL NOT AFFECT EXISTING EMPLOYERS.

YOU NEED:

ACCORDING TO THE CENSUS 2011, APPROXIMATELY 1.1 CRORE HOUSES WERE UNOCCUPIED IN THE COUNTRY AND RENTING THESE HOUSES WOULD BE IN LINE WITH THE VISION OF ‘HOUSES FOR ALL’ BY 2022.


SIGNIFICANCE


THE AUTHORITY WILL PROVIDE A QUICK WAY TO RESOLVE DISPUTES AND OTHER RELATED MATTERS.

IT WILL HELP TO REFORM THE LEGAL FRAMEWORK FOR RENTAL HOUSING ACROSS THE COUNTRY.

IT WILL ENABLE THE PROVISION OF ADEQUATE RENTAL HOUSING FOR ALL LEADING PARTIES THUS ADDRESSING THE PROBLEM OF HOMELESSNESS.

IT WILL FACILITATE THE ESTABLISHMENT OF RENTAL HOUSING BY GRADUALLY CONVERTING IT TO A FORMAL MARKET.

IT IS EXPECTED TO REPORT ON PRIVATE PARTICIPATION IN RENTAL HOUSING AS A BUSINESS MODEL TO ADDRESS ACUTE HOUSING SHORTAGES.


CHALLENGES


THE LAW IS NOT BINDING ON THE PROVINCES AS LAND AND CITY DEVELOPMENT ARE STILL PUBLIC SERVANTS.

AS IN THE CASE OF RERA (REAL ESTATE (REGULATION AND DEVELOPMENT ACT), THE FEAR THAT STATES MAY CHOOSE NOT TO FOLLOW THE GUIDELINES, CLEARS THE CONTEXT OF THE MODEL ACT.


CONCLUSION 

IT IS AN IMPORTANT ACT ENACTED BY THE GOVERNMENT TO OVER COME THE PROBLEM OF TENANT OWNER RIFTS AND TO BRING BETTER SOLUTION FOR IT WHICH IS A DIRE NEED OF THE MOMENT KEEPING IN VIEW THE NEED FOR LEGAL ASPECTS RELATED TO THE ISSUE .
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