Chapter II TENANCY AGREEMENT

Tenancy agreement

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or sub-let any premises except by an agreement in writing.
2. (2) Where any premises has been let out before the commencement of this Act and no agreement in writing was made, the landlord and the tenant shall, within a period of one month from the date of commencement of this Act, enter into an agreement in writing with regard to such tenancy: Provided that where the landlord and the tenant fail to enter into an agreement in writing as required under this sub-section, the landlord and the tenant shall separately file the particulars about the existing tenancy with the Rent Authority, in such form and manner, as may be prescribed, within a period of two months from the date of commencement of this Act.

Period of tenancy

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, the period of tenancy shall be such as may be agreed upon between the landlord and the tenant and as specified in the tenancy agreement.
2. (2) The tenant may with the consent of the landlord extend the period of tenancy or renew the same for a further period as may be agreed upon between the landlord and the tenant.
3. (3) Where the tenancy period reaches the expiry date and has not been renewed or the premises have not been vacated by the tenant, the tenancy shall be deemed to be renewed on a month-to-month basis on the same terms and conditions as were in the expired tenancy agreement, for a maximum period of six months.

Hereditary succession

1. (1) In the event of death of the tenant, the right of tenancy shall devolve for a period of one year from the date of the death of the tenant to his successors in the following order:
   • (a) spouse;
   • (b) son or daughter or where there are both son and daughter, both of them;
   • (c) parents;
   • (d) daughter-in-law, being the widow of his pre-deceased son: Provided that the successor has been ordinarily residing in the premises with the deceased tenant as a member of his family up to the date of his death and was dependent on the deceased tenant.
2. (2) If a person, other than the tenant mentioned in sub-section (1), is in occupation of the tenancy premises, then the tenancy shall not devolve on them.