G.O. (Ms.) No. 36, Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019

What the rules govern

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 support the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. They were approved after consideration of draft rules sent by the Managing Director of the Tamil Nadu Housing Board and were directed to be published in the Tamil Nadu Government Gazette Extraordinary.

The rules apply to all urban areas in Tamil Nadu. They directly affect landlords and tenants entering into tenancy agreements, as well as agents authorised through a power of attorney. A property buyer is affected if the property is rented or is to be rented in an urban area.

Tenancy registration

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 require every tenancy agreement to be registered with the Rent Authority.

• Agreements entered into after commencement of the Act must be registered within ninety days from execution.
• Written agreements entered into before commencement of the Act must be registered within ninety days from publication of the rules in the Tamil Nadu Government Gazette.
• The Rent Authority must verify the parties' names, identities and addresses, register the agreement and grant a Tenancy Registration Number within thirty days after submission.
• The Rent Authority must publish the parties' names, premises details and tenancy period on its website within fifteen days after registration.

Rent, termination and re-letting

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 provide procedures where rent is refused or a tenancy ends.

• If a landlord refuses rent or a receipt, the tenant must send the rent and charges through one of the listed payment methods for two consecutive months. If the landlord still does not accept payment, the tenant must deposit it with the Rent Authority.
• The parties must notify the Rent Authority in Form II within fifteen days after expiry or earlier termination of a tenancy.
• A landlord who recovered possession for occupation under the identified provision of the Act must obtain Rent Court permission before re-letting all or part of the premises within three years.
• Unless the tenancy agreement provides otherwise, interest on rent arrears and other charges is eight percent per year. The same rate applies when a landlord defaults on a required refund.

Rent Authority proceedings

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 require applications to follow the prescribed form and supporting document process. The opposite party normally has fifteen days after service to reply, with a permitted extension that cannot go beyond thirty days from service.

Evidence is generally given by affidavit. The Rent Authority may inspect premises after at least twenty-four hours' written notice, limit adjournments, correct clerical or arithmetic errors and set aside an ex parte order in specified circumstances. Applications must be decided within ninety days from filing.