In June 2021, the Union Cabinet was passing a bill of the new Model Tenancy Act is to deal with the current issues which are faced by the landlords and tenants, ensure stable functioning, create a quicker adjudication procedure for misunderstandings relating to rental housing or agreements, and create a rent authority.
The Act also aims to decrease vacant housing stock to promote rental housing. This article will be discussing some of the features of the Act and will mainly analyze its drawbacks.
The jurisprudence was concerning the landlord-tenant conflict is indicated in the country the current social and economic circumstances.
After some of the hindrance, there was an influx of transients, who became tenants in several residential/commercial properties. Given the situation then, there existed a permissive approach in favor of tenants.
Though, with the development of economic conditions, the law has also emerged.
For seeking dispossession of a protected tenant, the landlord was coinciding to require the conditions provided under the Act such as a bonafide necessity, alternate accommodation, default in payment of rent, etc.
The procedure of the courts even for the protected tenants has also seen a standard shift in the recent past.
The tenant cannot now dictate the terms to the landlord when it comes to the bonafide constraint of the landlord.
Criteria are holding that, it is for the landlord to choose which accommodation he wants the tenant to stay.
The lessee cannot take a plea which was apart from the tenanted propositions, the lessor is having another settlement available with it.
Concerning, these arguments & defenses are to be tested in the courts within the settled contours of law.
A landlord, who is not being paid the rent, also has the advantage to file a petition before the rent controller and seek relevant relief as is provided under the Act, including the relief of regulation for payment of rent/deposit of rent in court, order of eviction.
Within cases, the landlord where the tenant is not vacating the premises by the terms of the contract, or even after the issuance of notice by the landlord in this concerning has a right to file a suit for ownership and also claim arrears of rent or damages for the illegal ownership and use of the premises by the tenant.
There is still a lot of field & need in the development of law when it comes to the accomplishment of such decrees of ownership.
Frequently it is seen despite that after having lost, the tenant takes all sorts of objections and uses the processes of legal remedies of appeals, etc are to avoid handing over the possession.
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