Lakshadweep Tenancy Regulation, 2023
Chapter II TENANCY
Civil202347 sections8 chapters
Chapter II TENANCY
4. Tenancy agreement
Statutory text
- (1) Notwithstanding anything contained in this Regulation or any other law for the time being in force in the Union territory of Lakshadweep, no person shall, after the commencement of this Regulation, let out or take on rent any premises except by an agreement in writing the information of which shall be given to the Rent Authority, by the landlord and tenant jointly in the form specified in the First Schedule within a period of two months from the date of such tenancy agreement.
- (2) If the term of the agreement referred to in sub-section (1) exceeds eleven months, then such agreement shall be registered under the provisions of the Registration Act, 1908.
- (3) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of such tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period referred to in sub-section (1).
- (4) The Rent Authority may, within a period of three months from the date of its appointment, put in place a digital platform in the local vernacular language or the language of the Union territory of Lakshadweep for enabling submissions of document in such form and manner as may be prescribed.
- (5) The Rent Authority may, after receiving information about the execution of tenancy agreement along with the copy of agreement and the documents specified in the First Schedule,—
- (a) provide a unique identification number to the parties; and
- (b) upload details of the tenancy agreement on its website in local vernacular language or the language of the Union territory of Lakshadweep, within a period of seven working days from the date of receipt of such information, in such manner along with such documents as may be prescribed.
- (6) The terms of authorisation of the property manager, if any, appointed by the landlord to deal with the tenant shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement.
- (7) The information provided under sub-sections (1),
- (2) and (3) shall be conclusive proof of the facts relating to tenancy and matters connected therewith, and in the absence of any statement of information, the landlord and the tenant shall not be entitled to any relief under the provisions of this Regulation.
Chapter II TENANCY
5. Period of tenancy
Statutory text
- (1) Every tenancy entered into after the commencement of this Regulation shall be valid for a period as agreed upon between the landlord and the tenant and as specified in the tenancy agreement.
- (2) The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.
- (3) Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay such enhanced rent to the landlord as may be provided in the tenancy agreement.
- (4) Notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is affected by any disastrous event of force majeure, then, subject to requisition by the tenant, the landlord shall allow the tenant to continue in possession of the said premises till a period of one month from the date of cessation of such disastrous event on the same terms and conditions of the tenancy agreement already entered into.
Chapter II TENANCY
6. Rights and obligations of successor in case of death
Statutory text
The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant and in such case, the successors of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.
Chapter II TENANCY
7. Restriction on sub-letting
Statutory text
- (1) After the commencement of this Regulation, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement,—
- (a) sub-let whole or part of the premises held by him as a tenant; and
- (b) transfer or assign his rights in the tenancy agreement or any part thereof.
- (2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (1), the landlord and the tenant shall jointly submit such agreement to the Rent Authority in the form specified in the First Schedule within a period of two months from the date of such agreement.
- (3) If the term of the agreement referred to in sub-section (1) exceeds eleven months, then such agreement shall be registered under the provisions of the Registration Act, 1908.
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