Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (Amendment) Bill, 2018

What this document is

The Government of Tamil Nadu published Legislative Assembly Bill No. 32 of 2018 in the Tamil Nadu Government Gazette Extraordinary No. 242A, dated 5 July 2018. It is a Bill to amend the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, so it changes the framework already created by that 2017 Act.

Who it affects

This Bill matters to:

• landlords of residential and non residential premises
• tenants in those premises
• heirs who may continue a tenancy after a tenant's death
• people dealing with rent authorities, rent courts and rent tribunals

Main changes proposed

• A tenancy agreement must be in writing.
• For tenancies that already existed before the Act started, the landlord and tenant must enter into a written agreement within the period stated in the Bill.
• The landlord or tenant must submit the agreement for registration with the Rent Authority in the prescribed form.
• The Rent Authority must register it within the period stated in the Bill, if it meets the Act and rules.
• If registration is refused, reasons must be recorded in writing, and the parties must be given an opportunity to be heard.
• Details of registered agreements must be entered and published by the Rent Authority in the manner stated.
• An unregistered document that should have been registered cannot affect the property or be received for certain purposes mentioned in the text.

Rent, receipts and repairs

• Rent payable is tied to the rent agreed between landlord and tenant in the situations set out in the Bill.
• The Rent Authority may fix or revise rent and other charges on an application by the landlord or tenant.
• A landlord must give the tenant a signed and registered copy of the tenancy agreement within the stated period.
• Where rent or other charges are paid by electronic method, bank acknowledgement must be given as proof.
• If the landlord does not carry out agreed or required repairs, the tenant may do them and deduct the cost from rent, subject to the limit stated in the Bill.
• If the tenant was responsible for repairs and failed to do them, the landlord may carry them out and recover the amount.

Succession, eviction and forums

• On the death of a tenant, tenancy rights pass to the listed heirs for the remaining period of tenancy, in the order set out in the Bill.
• The Bill changes some grounds and timelines connected with recovery of possession and applications.
• It replaces and expands provisions on Rent Authority, Rent Court and Rent Tribunal, including their constitution and powers.
• Appeals from orders of the Rent Authority go to the Rent Court within the time stated in the Bill.