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Tamilnadu regulation of rights and responsibilities of landlords and tenants act 2017

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Tamilnadu regulation of rights and responsibilities of landlords and tenants act 2017

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Tamilnadu regulation of rights and responsibilities of landlords and tenants act 2017

  1. 1. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017 By Parvathi V Accounts
  2. 2. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017 has been enacted on the lines of model Tenancy Act indicated by the Government of India. The Act repeals the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The new legislation aims to regulate the tenancy of buildings as per the terms and conditions of the tenancy agreement executed by the land lords and the tenants and also to safe guard the interest of the land lords and the tenants in case of disputes. As per the provisions of this law, all tenancy agreements should be written agreements and shall be compulsorily register with the Rent Authority.
  3. 3. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com The registration of the tenancy agreement with the rent authority is independent of the registration requirement of the tenancy agreement under the Registration Act, 1908. Since, most of the transactions are done through the tenancy registration portal with minimum interface of the Rent Authority. The tenancy registration portal eases the process of registration of the tenancy agreement with much convenience to the general public. Tamil Nadu is the most urbanized State in India having an urban population of about 3.5 crores which is 48.44 percentage of the total population of 7.2 crores as per 2011 census The growth rate of urban population in the last decade has been 27.16 percentage. With rapid pace of urbanization, one of the biggest challenges is the availability of affordable housing in urban areas. As per 2011 census, Tamil Nadu is having 23.4 percentage of rental housing. In order to regulate the rental housing stock, the Government has enacted the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017, to facilitate Landowners and Tenants and to provide affordable Housing for All.
  4. 4. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com The said Act is come into force wef 22 Feb 2019 The Act shall come into force on such date as the Government may, by notification appoint. That is, the Governor of Tamil Nadu hereby appoints the 22nd February 2019 as the date on which the said Act shall come into force. Chief Minister of Tamil Nadu has launched an exclusive portal under a new act called The Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act 2017 which aims at replacing the erstwhile Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, also known as the Rent Control Act. Taking the line of affordable housing for all forward, the act is aimed at ensuring better access to housing opportunities, while alleviating fears of the house owners in granting tenancy rights and also establishes a better structure for enforcing rights and responsibilities of property owners and tenants. In this post, we will list down the specifications of the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act 2017, (TNRRRLT Act) and highlight the impact that the new act aims to create as against the old act
  5. 5. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Retrospective Operation of the Act: The TNRRRLT Act came into effect on 22nd day of February 2019, and the act also governs and mandates those tenancy agreements executed prior to the enactment of this law. It has to be mandatorily registered with the Rent Authority within 90 days. Mandatory registration While the old Rent Control Act mandated registration of the tenancy agreements exceeding 11 months or over Rs. 50,000 in value, the new law mandates all tenancy agreements to be registered with the Rent Authority, irrespective of the term and value of the tenancy. It includes both commercial and residential tenancies; including the use of premises for educational use but does not include the premises registered under the Factories Act, 1948
  6. 6. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Who can make the application? Application may be filed by landlord, tenant or property manager. Necessity of a written agreement and registration As per Section 4 of the Act, all tenancies shall be effected by way of an agreement in writing. Even in respect of oral tenancies created before the commencement of the Act, the parties shall reduce the terms of the tenancy in writing within 90 days from the date of notification of the Act. Consequently, the tenancy agreement has to be registered with the Rent Authority within 90 days from the date of such execution. Moreover, registration under The Registration Act will have to be sought separately.
  7. 7. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Requirements under Stamp Act All tare to be stamped as per Article 35 of the Indian Stamp Act, 1899. Registration under the Act is independent Registration under the new Act is independent of registration required under the Indian Registration Act. The parties are still liable to register the agreements as per the Indian Registration Act in addition to registering the agreement with the Rent Authority under the new act. Calculation of aggregate rent payable The ‘Aggregate Rent Payable’ shall be the total sum of the rent, fine, premium or advance (if any) payable under the tenancy agreement.
  8. 8. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Would the act cover leave, license, property management agreements The Act is intended to be a comprehensive code on tenancy. License agreementsbeing of a simila nature are also covered. Registration under this Act is mandated for tenancy/lease agreements Thus, even if the agreement is titled ‘license’ or ‘leave & license’, ‘Property Managemen Agreement’, if the terms of the agreement creates any right in the immovable property, then suc agreement has to be registered under this Act. The ‘terms’ of the contract will determine th nature of the agreement and not the ‘title’ given to such agreement. Requirement of registration on renewal The rules framed in this regard prescribe that any renewal is treated as a fresh tenancy requirin registration again. Unlike the old law, the process of registration has been made online and ther is no fee for registration of the tenancy agreement, however, a nominal service charge me b
  9. 9. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com With the rapid growth of urbanization in the state of Tamil Nadu, the enactment of the new law makes the rights and responsibilities of both the Tenants and the Landowners concrete which is aimed at providing affordable houses to all. Thankyou

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