section 5
Constitution of Rent Control Courts and appointment of Accommodation Controller
Kerala Buildings (Lease and Rent Control) Act, 1965(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.
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