Kerala Buildings (Lease and Rent Control) Act, 1965

(1) This Act may be called the Kerala Buildings (Lease and Rent Control) Act, 1965. (2) It extends to the whole of the State of Kerala. (3) It applies to the areas mentioned in the schedule: Provided that the Government may, by notification in the Gazette, extend the provisions of this Act to any other area in the State with effect from such date as may be specified in the notification, and may, by like notification, cancel or modify such notification or withdraw the application of all or any of the provisions of this Act from any area mentioned in the schedule: Provided that no such notification shall be issued unless it is supported by a resolution passed by the local authority, if any, of the areas affected by the notification. (4) It shall be deemed to have been come into force on the 1st day of April, 1965.

In this Act, unless the context otherwise requires,- (1) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes,- (a) the garden, grounds, wells, tanks and appurtenances of such building, hut, or part of such building or hut and garden or let or to be let along with such building or hut; (b) any furniture supplied by the landlord for use in such building or hut or part of a building or hut, but does not include a room in a hotel or boarding house, (2) "AccommodationController" means any person appointed to perform the functions of an AccommodationController under this Act; (3) "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant. A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant; (4) "prescribed" means prescribed by rules made under this Act; (5) "Rent Control Court" means the court constituted under section 3; (6) "tenant" means any person by whom or on whose account rent is payable for a building and includes- (i) the heir or heirs of a deceased tenant, and (ii) a person continuing in possession after the termination of the tenancy in his favour. But does not include a Kudikidappukaran as defined in the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964) or a person placed in occupation of a building by its tenant, or to whom the collection of rents or fees in a public market, cart-stand or slaughterhouse or of rents for shops has been framed out or leased by a Municipal Council, Municipal Corporation, Township Committee or Panchayat; (7) "unconscionable rent" means any rent which is more than the maximum of the fair rent that could be fixed for a building under section 5.

(1) The Government may, by notification in the Gazette, appoint any person who is or is qualified to be appointed, a Munsiff to be the Rent Control Court for such local areas as may be specified in the notification. (2) The Government may, by notification in the Gazette, appoint any officer not below the rank of a Tahsildar to be the Accommodation Controller for any area to which this Act applies. (3) The Accommodation Controller shall exercise his powers and perform his functions subject to such general directions as the Government may issue.

(1)(a) Every landlord may within fifteen days before completion and shall, within fifteen days after the construction of a building intended to be let out or after a building becomes vacant by his ceasing to occupy it, or by the termination of a tenancy, or by release from requisition by the Government or any other competent authority, give notice of the availability or vacancy in writing to the Accommodation Controller. Every tenant shall within fifteen days of his vacating a building occupied by him give notice of the same in writing to the Accommodation Controller: Provided that this sub-section shall not apply to a building in respect of which the landlord has obtained an order for possession on any of the grounds specified in sub-section (3), clause (iv) of sub-section (4) and sub-sections (7) and (8) of section 11. (b) Every notice given under clause (a) shall contain such particulars as may be prescribed. (2) If the tenant of a building puts another person in occupation thereof and does not re-occupy it within a limit of three months then, on the expiry of such period, the tenancy shall be deemed to have terminated and it shall be the duty of the tenant and also of the landlord, if he is aware of such termination, to give notice thereof in writing to the Accommodation Controller within fifteen days of such termination: Provided that the tenant may, before the expiry of three months, apply to the Accommodation Controller to re-occupy the building within a period of six months and if such permission is granted, this sub-section shall have effect as if for the period of three months specified therein, a period of six months were substituted: Explanation: This sub-section shall not apply where the building has been sub-let by a tenant entitled to do so, after giving due notice to the Accommodation Controller under sub-section (1) and in conformity with the provisions of this section. (3) If within fifteen days of the receipt by the Accommodation Controller of a notice under sub-section (1) or sub-section (2), the Accommodation Controller does not intimate to the landlord in writing that the building is required for the purpose of the State or Central Government or of any local authority or of any public institution or for the occupation of any officer of such Government, or local authority, or for the occupation of such class of non-officials as may be prescribed, having regard to the importance of their service to society, the landlord shall be at liberty to let the building to any tenant or to occupy it himself. (4) The landlord shall not let the building to a tenant or occupy it himself, before the expiry of the period of fifteen days specified in sub-section (3) unless in the meantime he has received intimation that the building is not required for the purposes or for occupation by any of the persons specified in that sub-section. (5) If the building is required for the purposes of the State or Central Government or a local authority or any public institution or for the occupation of any officer of such Government or local authority, or for occupation by any of the persons specified in sub-section (3), the landlord shall deliver possession of the building to the Accommodation Controller and the Government, the local authority or public institution or other person shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the Accommodation Controller received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and in default of an agreement, as may be determined under section 5: Provided that the rent payable shall be the fair rent, if any fixed for the building under the provisions of this Act, and, if no fair rent has been fixed, such fair rent as may be determined in accordance with the provisions of this Act: Provided further that a building used as a residential building shall not be used as a non-residential building or vice versa unless the Accommodation Controller after hearing the landlord grants permission under sub-section (1) of section 17: Provided also that no structural alterations shall be made in the building, unless the consent of the landlord is also obtained therefor. (6) (a) Where a landlord has two or more residential buildings in the same city, town or village and they have not been let by him, the landlord may choose any one of such buildings for his own occupation and shall give notice to the Accommodation Controller specifying the building so chosen by him and every other building not so chosen. (b) When giving notice as aforesaid, the landlord shall also notify to the Accommodation Controller (i) whether any building other than the one chosen by him under clause (a) has been continuously in the occupation of any member of his family or of any dependant of the landlord; (ii) whether he requires the building for his own occupation or for the occupation of any member of his family or of any dependant of the landlord. (c) On receipt of the notice under clause (i) or clause (ii) of clause (b), the Accommodation Controller shall, if he is satisfied that the occupation of the building by any member of his family or of any dependant of the landlord is bona fide, allow such member or dependant to occupy the building; and if he is not so satisfied, he shall make an order refusing such permission. (d) In the case referred to in sub-clause (ii) of clause (b), the Accommodation Controller shall, if he is satisfied that the building is required for any member of the landlord's family or of any dependant of the landlord to occupy the building, make an order permitting the landlord or such member to occupy the building; and if he is not so satisfied, he shall make an order refusing such permission. (e) Any landlord who is aggrieved by any order passed by the Accommodation Controller under clause (c) or clause (d) may, within fifteen days from the date of such order, prefer an appeal in writing to the District Court within whose jurisdiction the building in respect of which the order was passed is situated, and the District Court shall pass such orders on the appeal as it may think fit. (f) Every notice given by a landlord under clause (a) shall, so far as it relates to any building chosen by him for his own occupation, be deemed to be a notice under sub-section (1) where the provisions of sub-section (3) are required to be complied with: Provided that in respect of any building referred to in clause (a) whereof an order under clause (c) or clause (d) has been passed by the Accommodation Controller or, if an appeal has been preferred to the District Court, an order has been passed on the appeal, the landlord shall, immediately after the period of fifteen days from the date of the order passed by the Accommodation Controller or the District Court, as the case may be, be deemed to have given notice under sub-section (1) if such notice had not been given earlier. (g) The Accommodation Controller shall allot any building vested in him under sub-section (5) and mentioned in sub-section (3) accordingly to the rules and priorities prescribed by the Government. (7) (a) Any officer empowered by the Government may summarily dispossess any landlord, tenant or other person occupying any building in contravention of the provisions of this section.

(1) The Government may, by notification in the Gazette, appoint a person who is or is qualified to be appointed, a Munsiff to be a Rent Control Court for such local areas as may be specified. (1) The Rent Control Court shall, on application of the tenant or of the landlord of a building, fix the fair rent of the building after holding such enquiry as it thinks fit. (2) In fixing the fair rent the Court shall take into consideration the property tax or house tax fixed for the building at the time of letting in the property tax or house tax register of the local authority within whose area the building is situated. (3) If there is no property tax or house tax fixed for the building or if it is not based on a rental basis, or if the building is situated in an area which is not a City, Panchayat or in any other local authority, the fair rent fixed after taking into consideration the prevailing rates of rent in the locality for similar accommodation in similar circumstances during the twelve months preceding the letting. (4) In case the allotment of the building is made by the Accommodation Committee, he may, on application, effect minor modifications to the fair rent so fixed. (5) [Omitted for the purposes of this segment, content implied as process of fixing] (6) When the fair rent of a building has been fixed, no further increase in such fair rent shall be permissible except where some necessary addition, improvement or alteration has been carried out at the landlord's expense: Provided that the fair rent as increased under this sub-section shall not exceed the fair rent payable under this Act for a similar building in the locality with such additional improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed: Provided further that any dispute between the landlord and the tenant in regard to any increase claimed under this sub-section shall be settled by the Rent Control Court. (7) Where, after the fair rent of a building has been fixed under this Act there is a decrease or diminution in the accommodation or in the amenities provided, the tenant may claim a reduction in the fair rent so fixed, and any dispute between the landlord and the tenant in regard to any reduction so claimed shall be decided by the Rent Control Court.

(1) The Rent Control Court shall, on application of the tenant or of the landlord of a building, fix the fair rent for such building after holding such enquiry as it thinks fit. (2) In fixing the fair rent under this section, the Court shall take into consideration the property tax or house tax fixed for the building at the time of letting in the property tax or house tax register of the local authority within whose area the building is situated. (3) If there is no property tax or house tax fixed for the building or if it is not based on a rental basis or if the building is situated in an area which is not a City, Municipality or Panchayat, the fair rent shall be the rent fixed after taking into consideration the prevailing rates of rent in the locality for similar accommodation in similar circumstances during the twelve months preceding the letting. (4) In case the allotment of the building is made by the Accommodation Controller, he may, pending determination of fair rent by the Rent Control Court, fix a provisional rent. The Rent Control Court may subsequently modify the fair rent so fixed. (5) Nothing contained in this section shall apply - (a) to any building or part of a building where the rent does not, or would not, when fixed, exceed fifteen rupees per mensem; or (b) to any building owned by any company, association or firm, whether incorporated or not, and bona fide intended solely for the occupation of its officers, servants or agents and situated in the same city, town or village. (1) Where the amount of the taxes and cesses payable by the landlord in respect of any building to local authority has increased after fixation of the fair rent, such increase shall be recoverable by the landlord from the tenant: Provided that no such increase exceeding five per cent of the original fair rent shall be so recovered from the tenant. (2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1), shall be decided by the Rent Control Court.

(a) When the fair rent of a building has been fixed, no further increase in such fair rent shall be permissible except where some necessary addition, improvement or alteration has been carried out at the landlord's expense. (b) If any such addition, improvement or alteration consists of the installation of fittings or machinery which has been excluded from valuation for the purpose of the property tax or house tax, the fair rent fixed may in proper cases be enhanced, but shall in no case exceed by more than fifteen per centum, the monthly rent as fixed before the date of the application. Provided that in cases where an order under clause (c) or clause (d) of sub-section (6) is taken under this sub-section, the monthly rent on the basis of which the property tax or house tax was fixed immediately before the date of the application shall be the basis for the increase.

The Rent Control Court shall intimate the fair rent of the building fixed to the local authority within whose jurisdiction the building in respect of which the fair rent has been fixed is situated. The local authority shall on receipt of such intimation, make a record of the fair rent fixed in the register kept for the purpose and shall make the register available for inspection in such places and in such manner as may be prescribed. The register so prepared shall also contain full particulars in regard to the building as fixed by the Rent Control Court and also the subsequent variation thereto made by the said Court. (1) Where the amount of the taxes and cesses payable by the landlord in respect of any building to a local authority has increased after fixation of the fair rent, such increase shall be recoverable by the landlord from the tenant: Provided that no such increase exceeding five per cent of the original fair rent shall be recovered from the tenant. (2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1), shall be decided by the Rent Control Court. (1) Where the amount of the taxes and cesses payable by the landlord in respect of any building to local authority has increased after fixation of the fair rent, such increase shall be recoverable by the landlord from the tenant: Provided that no such increase exceeding five per cent of the original fair rent shall be so recovered from the tenant. (2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1), shall be decided by the Rent Control Court.

(1) Where the Rent Control Court has determined the fair rent of a building (a) the landlord shall not claim, receive or stipulate for the payment of (i) any premium or other like sum in addition to such fair rent, or (ii) save as provided in section 6, or section 7 anything in excess of such fair rent: Provided that the landlord may receive, or stipulate for the payment of an amount not exceeding one month's rent by way of advance: save as provided in clause (a), any sum or any rent paid in addition to, or in excess of such fair rent, whether before or after the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted by the landlord: Provided that where before the determination of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for a period of three years immediately before the institution of any proceedings for such determination. (2) Any stipulation in contravention of sub-section (1) shall be null and void.

(1) Every tenant who makes a payment on account of rent or advance shall be entitled to obtain a receipt in the prescribed form for the amount paid, signed by the landlord or his authorised agent. (2) Where a landlord defaults or refuses to accept any rent lawfully payable to him by a tenant, or denies the receipt of any rent, it shall be open to the tenant to remit the rent to the landlord by money order, after deducting the money order commission, and continue to remit any rent which may subsequently become due in respect of the building in the same manner until the landlord signifies by a written notice to the tenant his willingness to accept the rent or specifies a bank in which the rent shall be deposited in accordance with the provisions of sub-section (2).

(1) Where the address of the landlord or his authorised agent is not known to the tenant whose landlord is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building together with such fee as may be prescribed for the service of the notice referred to in sub-section (2), before such authority and in such manner as may be prescribed, and continue to deposit any rent which may subsequently become due in respect of the building together with the fee prescribed as aforesaid, before the same authority and in the same manner until the address of the landlord or his authorised agent becomes known to the tenant. (2) The rent so deposited may, subject to such conditions as may be imposed by the Rent Control Court, be withdrawn by the landlord or his authorised agent, on application to the Court. (3) Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building, the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Rent Control Court the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent Court or by a settlement between the parties or until the Rent Control Court makes an order under clause (c) of sub-section (4). (4) (a) The Rent Control Court to whom a report is made under sub-section (3) shall, if satisfied that a bona fide doubt or dispute exists in the matter, direct that the deposit be held by the authority concerned, pending the removal of the doubt or settlement of the dispute as aforesaid. (b) If the Rent Control Court is not so satisfied, it shall forthwith order payment of the amount to the landlord. (c) The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow; and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such further period, as the case may be, it shall vacate that order. (5) (a) Where the Rent Control Court passes an order under clause (c) of sub-section (4) the amounts deposited under sub-section (3) may be withdrawn by the person who is declared by a competent Court to be entitled thereto, or in case the doubt or dispute is removed by a settlement between the parties, only by the person who is held by the Rent Control Court to be entitled to the amount or amounts in accordance with such settlement. (b) An order passed by the Rent Control Court under clause (b) of sub-section (4) shall not debar the party from establishing his claim in any competent Court.

(1) Notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this Act: Provided that nothing contained in this section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority notified under this Act. Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if the court finds that the claim is bona fide, it shall not pass an order for eviction of the tenant in a Civil Court and the landlord shall be entitled to file a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded. (2) (a) A landlord who seeks to evict his tenant shall apply to the Rent Control Court for a direction in that behalf. (b) If the Rent Control Court after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in possession of the building, and if it is not satisfied it shall make an order rejecting the application thereof by him: Provided that an application under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six per cent per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the notice or of the refusal thereof. (3) A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him: Provided that the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied that for special reasons, in any particular case it will be just and proper to do so. Provided further that the Rent Control Court shall not give any direction to a tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business: Provided further that no landlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the expiry of one year from the date of the instrument: Provided further that if a landlord after obtaining an order to be put in possession transfers his rights in respect of the building to another person, the transferee shall not be entitled to be put in possession.