Chapter VI RENT COURT AND RENT TRIBUNAL

Giving up of vacant possession by the tenant.—

1. (1) On the expiration of the period of the tenancy, the termination of the tenancy by notice or otherwise, the tenant shall be liable to hand over vacant possession of the premises to the landlord in the same condition as it was at the time of commencement of the tenancy, allowing for reasonable wear and tear: Provided that where the tenant fails to hand over the possession of the premises, the landlord shall be entitled to recover from the tenant, the rent of the premises at double the rate for the period of his continued occupation until he gives vacant possession of the premises to the landlord.
2. (2) Where the tenant fails to vacate the premises on the expiry of the period of tenancy or termination of the tenancy, the landlord shall be entitled to approach the Rent Court for an order of eviction against the tenant.

Compensation in case of non-vacancy

1. (1) If a tenant fails to vacate the premises let out to him on the termination of the tenancy by order of the Rent Court or otherwise, the tenant shall be liable to pay to the landlord:
   • (a) for the first two months, double the monthly rent;
   • (b) for the period after two months, four times the monthly rent; till he continues to occupy such premises.
2. (2) The Rent Court may, on an application made by the landlord, pass an order for eviction and recovery of rent and compensation as specified in sub-section (1), and in such cases, the Rent Court may also order the disconnection of essential services if the tenant fails to vacate the premises within the time specified by the Rent Court.

Refund of security deposit on termination of tenancy

1. (1) The security deposit paid by the tenant to the landlord shall be refunded to the tenant within one month of the handing over of vacant possession of the premises to the landlord after adjusting any dues payable by the tenant to the landlord under the tenancy agreement.
2. (2) In the event of a failure on the part of the landlord to refund the security deposit within the period as specified in sub-section (1), the landlord shall be liable to pay simple interest to the tenant at such rate as may be prescribed for the period during which the security deposit remains unpaid.

Subjecting the premises to subletting:

1. (1) After the commencement of this Act, no tenant shall without the prior consent in writing of the landlord,—
   • (a) sublet the whole or any part of the premises held by him as a tenant;
   • (b) transfer or assign his rights in the tenancy or any part thereof.
2. (2) The landlord shall not charge an amount exceeding one month’s rent as premium for giving consent to sublet the whole or part of the premises.

Right of landlord to enter the premises:

1. (1) A landlord or his property manager may enter the premises after serving a notice in writing, in the prescribed manner, to the tenant at least twenty-four hours before the time of entry,—
   • (a) for carrying out repairs or replacement or doing any work in the premises;
   • (b) for the purpose of inspection of the premises;
   • (c) for any other reasonable purpose: Provided that, the tenant shall not unreasonably withhold the consent to the landlord to enter the premises.
2. (2) The landlord or property manager shall not enter the premises before seven o'clock in the forenoon and after eight o'clock in the afternoon.

Replacement and white washing:

1. (1) The landlord shall be responsible for keeping the premises in good tenantable repair and shall be responsible for such interior and exterior maintenance and repair as may be agreed upon in the tenancy agreement.
2. (2) If the landlord fails to carry out the repairs mentioned in sub-section (1), the tenant shall be entitled to carry out the necessary repairs and deduct the cost of such repairs from the rent payable to the landlord. Provided that the total amount of such deduction shall not exceed twenty-five per cent of the monthly rent payable by the tenant: Provided further that the tenant shall not make any repair for which the cost of repair is more than the amount of rent payable for one month without the prior approval of the Rent Authority.
3. (3) The landlord shall be responsible for the annual white washing of walls and painting of doors and windows and in case the landlord fails to undertake the painting or white washing, the tenant shall be entitled to get the same done and deduct the cost thereof from the rent payable.

Cutting off or withholding essential supply or service:

1. (1) No landlord or tenant either by himself or through any person acting on his behalf shall cut off or withhold any essential supply or service in the premises occupied by the tenant or the landlord.
2. (2) If a landlord or tenant contravenes the provisions of sub-section (1), the tenant or the landlord, as the case may be, may make an application to the Rent Authority complaining of such contravention.
3. (3) If the Rent Authority is satisfied that the essential supply or service was cut off or withheld without just and sufficient cause, it shall pass an order directing the landlord or tenant to restore the forthwith essential supply or service.
4. (4) The Rent Authority may levy a charge on the defaulting landlord or the tenant which may extend to two months' rent to be paid to the tenant or the landlord, as the case may be, as compensation for the inconvenience caused by cutting off or withholding the essential supply or service.

Rent Court and Rent Tribunal:

1. (1) The District Collector shall, with the prior approval of the Government, notify in the official gazette, one or more officers not below the rank of Deputy Collector to be the Rent Court for the purposes of this Act, within his jurisdiction.
2. (2) The District Collector shall, with the prior approval of the Government, notify in the official gazette, the District Judge or Additional District Judge to be the Rent Tribunal for the purposes of this Act, within his jurisdiction.

Procedure of Rent Court and Rent Tribunal:

1. (1) Every application or appeal made to the Rent Court or Rent Tribunal shall be dealt with as expeditiously as possible and shall be disposed of, within a period of sixty days from the date of service of notice of application or appeal: Provided that where any such application or appeal could not be disposed of within the said period of sixty days, the Rent Court or Rent Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
2. (2) The Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, and shall have powers to regulate their own procedure.
3. (3) The Rent Court and the Rent Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters:
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) issuing commissions for the examination of witnesses or documents;
   • (d) issuing commission for local inspection;
   • (e) dismissing an application for default or deciding it ex-parte;
   • (f) setting aside any order of dismissal of any application for default or any order passed by it ex-parte;
   • (g) bringing legal representatives on record; and
   • (h) any other matter which may be prescribed.
4. (4) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860, and the Rent Court and the Rent Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
5. (5) The Rent Court and Rent Tribunal may pass such interlocutory orders as may be required to meet the ends of justice during the pendency of any dispute or other proceeding before it.
6. (6) The Rent Court and Rent Tribunal may direct payment of costs in respect of any proceedings before it.
7. (7) Any person may appear before the Rent Court or Rent Tribunal through an advocate or any other person as may be prescribed.

Jurisdiction of Rent Court

1. (1) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Court shall have jurisdiction to entertain and decide petitions or applications, filed under this Act.
2. (2) No Civil Court shall have jurisdiction to entertain any suit or proceedings in so far as it relates to the provisions of this Act.

Execution of the order

1. (1) The Rent Court shall execute an order passed by it or by the Rent Tribunal as a decree of a Civil Court and for this purpose, the Rent Court shall have all the powers of a Civil Court.
2. (2) The Rent Court may transmit any order made by it to a Civil Court having local jurisdiction and such Civil Court shall execute the order as if it were a decree passed by it.

Appeal

1. (1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal to the Rent Tribunal, and the Rent Tribunal may, after providing an opportunity of being heard, confirm, modify or rescind the order or after giving an opportunity of being heard, send the matter back to the Rent Court for a fresh order.
2. (2) The appeal under sub-section
3. (1) shall be preferred within thirty days from the date of the order passed by the Rent Court under this Act.

Time limit for disposal of application or appeal

1. (1) An application or an appeal filed before the Rent Court or the Rent Tribunal, as the case may be, shall be dealt with as expeditiously as possible and the Rent Court or the Rent Tribunal shall endeavour to dispose of the case finally within a period of sixty days from the date of receipt of the application or appeal. (2) Provided that the Rent Court or the Rent Tribunal shall record the reasons for not disposing of the application or appeal within the aforesaid period of sixty days.

Jurisdiction of civil courts barred

1. (1) No civil court shall have jurisdiction to entertain any suit or proceeding in so far as it relates to the provisions of this Act.
2. (2) Notwithstanding anything contained in any other law for the time being in force, no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Rent Authority or the Rent Tribunal.