Model Tenancy Act: What is the tenancy law? Even after the approval of the Centre, only 4 states adopted it, know why

Model Tenancy Act: Model Tenancy Act for dissemination in States and Union Territories (UTs) by the Union Cabinet (MTA) more than two years after it was approved and the Ministry of Housing and Urban Affairs (MOHUADespite reminders, only four states have adopted this law. On August 24, the ministry wrote to chief secretaries of states and union territories, reminding them of the benefits of the Model Act and asking them to take steps to enact laws or amend existing tenancy laws based on it. According to the letter, since June 2021, the Ministry has written five times to the states and union territories to implement it. Information about Model Tenancy Act law is given in the letter. Its benefits have also been explained in detail. Even after this, till now it has been adopted only by Assam, Uttar Pradesh, Tamil Nadu and Andhra Pradesh.

Laws made in Assam and Uttar Pradesh in 2021

Tamil Nadu and Andhra Pradesh had enacted their laws before the final MTA was approved – in 2017 and 2018 respectively – as the ministry sought to repeal old rent control acts and enact new tenancy laws when it launched the ‘Housing for All’ mission in 2015. Was suggested. After the approval of the Model Act, Assam and Uttar Pradesh made their own laws in 2021. A senior UP government official said the state has set up rent courts in all 75 districts, one of the provisions of the Uttar Pradesh Urban Premises Tenancy Regulation Act, 2021. Whereas the Model Act states that no property can be given on lease without informing the rent authority in writing. In Uttar Pradesh the Act makes it mandatory for leases of more than 12 months. The official said that since most of the leases are for 11 months, the state has so far received 206 applications for registration of leases. The process of making rules is still going on in Assam.

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It is necessary to sign the rental agreement

The Model Tenancy Act states that for renting out properties, the agreement must be signed by the tenant and the landlord. This includes the tenancy period, agreed rent escalation and fixed security deposit (up to two months’ rent for residential and six months’ rent for non-residential). These agreements are to be submitted to the rent authorities (Deputy Collector rank officers) for approval. The Act requires the establishment of Rent Courts, consisting of an officer of the rank of ADM appointed by the District Magistrate for adjudication of disputes, and Rent Tribunals consisting of a District Judge or Additional District Judge appointed by the State Government in consultation with the High Court. In case of dispute, the Rent Court can decide on revision of rent, eviction, application for taking possession of the premises etc. The order can be challenged before the Rent Tribunal.

The tenant will get many rights under the Act

States have the right to implement the Model Tenancy Act passed in the Parliament by the Central Government. With its implementation in the state, tenants along with landlords will get many rights. If there is a dispute between the owner and tenant of a house or property regarding any matter, then both will have the legal right to resolve it. Everything will be written. Therefore no one will be able to take possession of anyone else’s property. Landlords will not be able to put pressure on their tenants to vacate the house. Many important provisions have been made for this.

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What is Model Tenancy Act

Model Tenancy Act (Model Tenancy Act) is a proposed tenancy act drafted by the Government of India, the main objective of which is to establish new tenancy rules and procedures for rental lands and various types of properties in India. Its aim is to make tenancy relationships between tenants and owners clear and reliable, and to reduce financial disputes.

Key features and provisions of the law:

  • Regulations and time limits: This Act sets out specified time limits for bringing the tenancy relationship under prescribed rules, such as the time limit for pre-notification from the tenant and opportunity notice from the owner.

  • Tenant Rights: This Act strengthens the rights of tenants, such as the right to increase regulated rents within regulated parameters.

  • Owner’s rights: Owners are allowed full control and various uses of their property, but they are also responsible for respecting the rights of tenants.

  • Security Security: Under this, the procedure and rules for giving security by the tenant have been prescribed.

  • Discipline and penalty: The Act stipulates punishment for violations between tenants and owners.

  • Dispute Resolution: The Act encourages judicial resolution of disputes and prompt completion of the judicial process.

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