Chapter III RENT

9.

1. (1) The rent payable in relation to a premises shall be,
   • (a) in case of new tenancies entered into or after the commencement of this Act, the rent agreed to between the landlord and the tenant at the commencement of the tenancy;
   • (b) in case of tenancies entered into before the commencement of this Act,
     • (i) as agreed to between the landlord and the tenant at the commencement of the tenancy; or
     • (ii) where there is no such agreement, as determined by the Rent Controlling Authority after taking into account the location, condition of the premises and where there are similar or nearly similar premises in the location having regard to the prevailing rent in respect of such premises.
2. (2) Where the tenant is unable to pay the enhanced rent in existing premises and offers to occupy smaller premises within the same building and the landlord is agreeable to the same, the rent of new premises shall be fixed as per clause
   • (a) of sub-section (1).

10. A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:,

1. (a) charges for amenities or furniture as agreed between the landlord and the tenant; and
2. (b) charges for electricity and water, if there is a separate meter, sewerage, sanitation and other common services consumed by the tenant, or as agreed between the landlord and the tenant.

11.

1. (1) In matters of limited period tenancy under Section 7, the annual revision of rent as has been agreed to between the landlord and the tenant will be effected.
2. (2) In matters of tenancy created under section 4, the rent shall be increased annually as may be agreed but not more than 10% each year.
3. (3) Where the landlord, after the commencement of tenancy and with agreement with the tenant has incurred expenditure on account of improvement, addition or structural alteration in the premises, not being expenditure on maintenance or repairs necessary to be carried out under sub-section
4. (1) of Section 16, the landlord may increase the rent of the premises by an amount as agreed to between the landlord and the tenant prior to the commencement of the work and such increase in rent shall become effective from the next month after the completion of the work.
5. (4) Where after the rent of a premises has been agreed to or fixed, there has been a decrease or diminution of accommodation in the premises, the tenant may claim a reduction in the rent and may approach the Rent Controlling Authority for the same in case of conflict.

12.

1. (1) The Rent Controlling Authority shall, for the purpose of Section 11, on an application made to him by the landlord or tenant, revise the rent and other charges payable by the tenant.
2. (2) The Rent Controlling Authority may also fix the date from which the revised, rent shall be payable: Provided that in case of revision of rent, the date specified shall be later than the date of filing of application for fixation or revision by the landlord or the tenant : Provided further that if

13. A tenant may file an application to the Rent Controlling Authority for fixing the rent of the premises and a landlord or a tenant may file application for determining the lawful increase or decrease of rent or other charges payable,

1. (a) in the case of any premises which was let and in which the cause of action for lawful increase or decrease of rent or payment of other charges arose, before the commencement of this Act, within two years from such commencement,
2. (b) in the case of any premises which was let after the commencement of this Act,
   • (i) for fixing the rent thereof, within two years from the date on which the premises was let;
   • (ii) in any other case, within two years from the date on which cause of action arose : Provided that the Rent Controlling Authority may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.