The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Act, 2018
The Tamil Nadu Government Gazette Extraordinary No. 242, Chennai, Thursday, July 5, 2018 publishes L.A. Bill No. 32 of 2018, titled The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Act, 2018. It amends the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 by making written tenancy agreements compulsory, requiring registration with the Rent Authority, setting out the effect of non-registration, and changing several rules on rent, succession, repairs, possession and rent administration.
What this document is
The Tamil Nadu Government Gazette Extraordinary No. 242, published by authority at Chennai on Thursday, July 5, 2018, includes L.A. Bill No. 32 of 2018. The published bill is The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Act, 2018, and it amends the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.
Who it affects
The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Act, 2018 affects:
- landlords of residential and non-residential premises
- tenants of residential and non-residential premises
- successors of deceased tenants
- people dealing with tenancy registration and rent disputes before the Rent Authority, Rent Court and Rent Tribunal
Main changes
The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Act, 2018 makes written tenancy documentation central to the tenancy system.
- No person shall let or take any premises on rent after commencement of the Act except by an agreement in writing.
- For older tenancies created before commencement, where there was no written agreement, the landlord and tenant must enter into one within ninety days from commencement.
- Every such agreement, including an earlier written tenancy agreement, must be registered with the Rent Authority by application in the specified form.
- The Rent Authority must register the agreement within thirty days if it conforms to the Act and rules, and give a registration number.
- The Rent Authority may reject a non-conforming application, but only after giving the parties an opportunity of being heard.
- The Rent Authority must upload the parties' names, premises details, tenancy tenure and registration number on its website within fifteen days from registration.
Why registration matters
The amendment inserts a specific rule on non-registration.
- A document that is required to be registered under section 4(3) will not affect the immovable property in it unless registered.
- It will not confer any power to adopt.
- It will not be received in evidence of any transaction affecting that property or conferring any right.
Other practical changes
- If a fixed term tenancy ends, is not renewed, the tenant does not vacate, and the landlord does not demand vacant possession, the tenancy is deemed renewed month to month on the same terms and conditions, for a maximum of six months.
- On the death of a tenant, tenancy rights devolve for the remaining period to specified successors, if they had been ordinarily living or working in the premises with the deceased tenant up to death.
- The landlord must give the tenant one original signed and registered agreement within fifteen days of registration.
- Bank acknowledgement is proof of payment where rent or other charges are paid through electronic medium.
- Repair costs can be recovered or adjusted in the situations stated, and a tenant's deduction from rent for repairs cannot exceed fifty per cent of the agreed rent for one month.
- The Collector, with previous approval of the Government, appoints an officer not below the rank of Deputy Collector as Rent Authority for the area concerned.
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Common questions
Do landlord and tenant now need a written rental agreement?
Yes. After commencement of the Act, no person shall let or take any premises on rent except by an agreement in writing. For older tenancies without a written agreement, the landlord and tenant must enter into one within ninety days from commencement.
Does the tenancy agreement have to be registered?
Yes. Every agreement covered by section 4(1) and 4(2), and any tenancy agreement in writing already entered into before commencement, must be registered with the Rent Authority by application in the specified form.
What happens if a tenancy agreement that must be registered is not registered?
The document will not affect the immovable property comprised in it, will not confer any power to adopt, and will not be received in evidence of any transaction affecting that property or conferring any right.
Can online payment proof be used to show rent was paid?
Yes. Where rent or other charges have been paid by the tenant to the landlord through electronic medium, the bank acknowledgement shall be considered as proof of payment.
