FOURTH REPORT OF VII STATE LAW COMMISSION

ON
URBAN BUILDINGS (REGULATION OF LETTING, RENT
AND EVICTION)alongwith Draft Bill

SUBMITTEDBY:
JUSTICE ADITYA NATH MITTAL
CHAIRMAN
 INDEX
1. .
SL. SUBJECT PAGE NO.
No.
1. INTRODUCTION 1-31

2. DRAFT BILL AS RECEIVED 32-59

FROM THE DEPARTMENT OF
HOUSING

3. SUGGESSIONS/ COMMENTS OF 60-75

THE STATE LAW COMMISSION

4. PROPOSED DRAFT OF BILL AS 76-106

PREPARED BY THE STATE LAW
COMMISSION
 CHAPTER-I

INTRODUCTION
 CHAPTER-I
INTRODUCTION

The Department of Housing and Urban Planning vide its letter No.
1430/8-1-18-17Meeting/2018TC dated 02.08.2018 has invited
opinion/suggestion of the Commission on the proposed “THE UTTAR
PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND
EVICTION) BILL, 2018. It appears that the Government of U.P. is
considering to introduce a new law on the point after repealing the
existing “Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and
Eviction) Act, 1972 (U.P. Act No. 13 of 1972.
The Tenancy is a bond between the owner and occupier for the
furtherance of the liberal disposition of the haves towards the removal of
the want in the havenots in the matter of housing accommodation.
Although, the Transfer of Property Act, 1882 enumerates various
provisions regarding concept of lease. Prior to independence, the United
Provinces (Temporary) Control of Rent and Eviction Act, 1947 was
passed with a view to control of letting and rent of accommodation and
the provisions were similar to the orders which have been issued under
the Defence of India Rules, 1939. At that stage, there was shortage of
housing accommodation as well as commercial accommodation and in
view of increase in the urban population, the aforesaid Act was
implemented which was subsequently substituted by the present Act i.e.
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972. It is also important to mention that after the enactment of the
aforesaid Act No. 13 of 1972, various amendments have been made in the
principal Act of 1972 and the last amendment was done by [Link] 5 of
1995.
There has been unending litigation between the landlord and tenant, may
be on the ground of bonafide need, comparative hardship, default in
payment of rent as well as enhancement of the rent. Although under the
present Act, a simple application is required to be filed before the
Prescribed Authority but the experience has shown that the litigation
reaches upto the Hon‟ble Supreme Court and takes decades to finalize. It
has also been experienced that even after the decision of Hon‟ble
Supreme Court, various other hurdles, like third party interest, challenge
to the ownership of the landlord etc. are again raised and fresh litigation
starts therein. Initially, in the year 1946, after the World War II, there
was shortage of accommodation in the urban areas and a trend had started
to shift from rural areas to the urban areas which multiplied the problem
of housing as well as commercial accommodation. Prior to the year
1985, the building activities were also on a slow pace but after that when
the prices of land started increasing, the building activities also started
increasing. In the earlier Acts, a protection was provided to the tenant
against the misuse committed by the landlords. Certainly, the said
protection has been misused by the tenants and it has been experienced
that the landlord is not able to get vacated his premises for decades
together even for his genuine personal needs. The position of
commercial tenancy is of much more controversy because after letting
out a shop or other premises for commercial purposes, the rent had
remained the same while the business activities of the tenant had
multiplied manifold. This gave impression in the mind of landlords that
after paying a rent of very meagre amount i.e. Rs. 100/- or so, the tenant
is earning from that property Rs. 10,000/- or even much more. It cannot
be forgotten that in commercial tenancy, the capital, goodwill,
entrepreneurship and other factors cannot be thrown away. But, however,
there has been a much dispute between the landlord and tenant, which
requires to be resolved.
The courts were also liberal initially in looking at the relationship
between landlord and tenant in the past but when the courts realized that
the tenant is misusing his position, then the approach of the courts
including Hon‟ble the Supreme Court has also changed. In Satyawati
Sharma vs. Union of India and others, (2008) 5 SCC287, in para 12,
Hon‟ble Supreme Court has observed as under:-
“12. Before proceeding further we consider it necessary to observe that
there has been a definite shift in the Court‟s approach while interpreting
the rent control legislations. An analysis of the judgments of 1950s to
early 1990s would indicate that in majority of cases the courts heavily
leaned in favour of an interpretation which would benefit the tenant-
Mohinder Kumar Vs. State of Haryana, (1985) 4SCC 221,
Prabhakaran Nair Vs State of Tamil Nadu, (1987) 4SCC 238, D.C.
Bhatia Vs Union of India, (1995) 1SCC 104 and C.N. Rudramurthy
Vs. K. Barkathulla Khan, (1998) 8 SCC 275. In these and other cases,
the Court consistently held that the paramount object of every rent control
legislation is to provide safeguards for tenants against exploitation by
landlords who seek to take undue advantage of the pressing need for
accommodation of a large number of people looking for a house on rent
for residence or business in the background of acute scarcity thereof.
However, a different trend is clearly discernible in the later judgments.”

Although, the approach of the courts have been to provide an equal

treatment to both the sides but at the same time, it cannot be forgotten that
the landlord invests his hard earned money and the earning of his whole
life in purchase of a property with a view to safeguard his future, while
the tenant by paying a meagre amount of rent enjoys the facility of that
property. The stake of the landlord is much more as compared to the
tenant. Therefore, in the opinion of the Commission, the interest of the
landlord should be of prime concern for the reason that the tenant can
take a rented building at any other place of his choice but it may not be
possible for the landlord to purchase another building for his residence or
livelihood.
Hon‟ble the Apex Court in Mohammad Ahmad and Anr. vs. Atma
Ram Chauhan and others, Civil Appeal No. 4422 of 2011 decided on
May 13, 2011 has held that the increase in the dispute between landlord
and tenant is due to the reason that the landlords are not getting
reasonable rent akin to market rent. Hon‟ble the Apex Court in the
aforesaid judgment has fixed some guidelines and norms for such type of
litigation so as to minimize landlord and tenant litigation at all levels.
These guidelines are as follows:-

(i) The tenant must enhance the rent according to the terms of the
agreement or at least by ten percent, after every three years and
enhanced rent should then be made payable to the landlord. If the
rent is too low (in comparison to market rent), having been fixed
almost 20 to 25 years back then the present market rate should be
worked out either on the basis of valuation report or reliable
estimates of building rentals in the surrounding areas, let out on
rent recently.
(ii) Apart from the rental, property tax, water tax, maintenance
charges, electricity charges for the actual consumption of the
tenanted premises and for common area shall be payable by the
tenant only so that the landlord gets the actual rent out of which
nothing would be deductible. In case there is enhancement in
property tax, water tax or maintenance charges, electricity charges
then the same shall also be borne by the tenant only.
(iii) The usual maintenance of the premises, except major repairs
would be carried out by the tenant only and the same would not be
reimbursable by the landlord.
(iv) But if any major repairs are required to be carried out then in that
case only after obtaining permission from the landlord in writing,
the same shall be carried out and modalities with regard to
adjustment of the amount spent thereon, would have to be worked
out between the parties.
(v) If present and prevalent market rent assessed and fixed between
the parties is paid by the tenant then landlord shall not be entitled
to bring any action for his eviction against such a tenant at least
for a period of 5 years. Thus for a period of 5 years the tenant shall
enjoy immunity from being evicted from the premises.
(vi) The parties shall be at liberty to get the rental fixed by the official
valuer or by any other agency, having expertise in the matter.

(vii) The rent so fixed should be just, proper and adequate, keeping in
mind, location, type of construction, accessibility with the main
road, parking space facilities available therein etc. Care ought to
be taken that it does not end up being a bonanza for the landlord.

It is not so that the subject of Urban Buildings Rent Control is

being considered for the first time by the State Law Commission. The
third State Law Commission headed by Hon’ble Mr. Justice
[Link] had also considered the subject and had submitted its report on
18.02.1997. In that report, various amendments were recommended after
considering the rent laws of various States of the country and on the
subject of increase of rent, regulation of eviction, simplification of
procedure and other aspects, has recommended following suggestions
which are enumerated in Chapter VI of the report dated 18.02.1997. For
the sake of convenience, the summary of recommendations is reproduced
as under:-
 “6.1 In the light of the suggestions made in the report, the
recommendations of the Commission, in brief, are as follows:

(1) After omitting the second proviso of section 2(2), a provision be

added in the original section that nothing in the Act shall apply to a
building, the construction of which has been completed on 26 April 1985 or
thereafter, during a period of 40 years from the date of completion of its
construction. (page-10, Para- 2.2)

(2) In the first proviso to Section 2(2), a provision be substituted that

where the construction of any building has, substantially, been made out of
funds obtained by way loan or advance from the government or life
Insurance Corporation of India, or a bank or a co-operative society or Uttar
Pradesh Avas Evam Vikas Parishad, then :

(a) if the construction of the building has been completed before

26 April 1985, then nothing in the Act shall apply to such building
during a period of 10 years from the date of construction or of
repayment of such loan or advance, whichever is later, and

(b) if the construction of the building has been completed on 26

April 1985 or thereafter, then nothing in the Act shall apply to such
building during a period of 40 years from the date of construction or of
repayment of such loan or advance, whichever is later. (Page-11, para-
2.3)

(3) Section 9-A be repealed on account of its being of no utility and,

consequentially, the words and figures "or section 9-A" be omitted from
section 10. (Page- 12, para- 2.4)

(4) (a) Section 5 of the Act be omitted owing to its being

ineffective,

(b) The landlord, subject to a contract to the contrary, be

given a right to make, suo motu, after 5 years of the date of
beginning of the tenancy and, thereafter, at an interval of every 5
year, 10 per cent increase in the rent of the residential buildings
and 15 per cent increase in that of the commercial building, after
a registered notice of such increase to the tenant, (pages- 19, 20,
21m paras- 3.6, 3.7, 3.9)
 (c) After omitting both the provisions of Section 21 (8), the
similar provisions be not incorporated in amended section 20 and
(page- 21, para- 3.10)

(d) In the light of the Amendment Act No. 28 of 1976, the

words "unless the prescribed authority is satisfied that the
landlord is a person to whom clause(ii) or clause(iv) of the
Explanation to sub-section (1) is applicable" be omitted and
similar provision be not incorporated in amended Section 20
(page -21, para- 3.10)

(5) (a) After amalgamation of the provisions of Section 20 and

Section 21, only one section be retained and Section 21 be repealed, (page-
33, para- 4.10)

(b) The procedure relating to institution of suit for eviction of a

tenant and the jurisdiction of Civil Courts in respect of such suits
may be abolished and, in respect of eviction orders passed under
Section 20(2), the obligation to obtain an order of release under
Section 16 may be dispensed with, (page 33, para- 4.10)

(c) After abolishing the entire procedure of suit, under the

general law, for the eviction of tenant, and that of appeal, revision
and execution relating thereto, a simplified procedure be laid down
in its place and for making the procedure simple and easy, the
provisions be made therein, through a new sub-section of Section,
20, about signing and verifying of the application, documents and
affidavits to be submitted therewith, types/ service of notice to be
issued in relation to the application, nature and extent of the
reasonable opportunity of hearing to the parties, restraints on stay
orders and details of the time-bound procedure for disposal of the
applications, (page-33, para- 4.11)

(d) After omitting the proviso of Section 20(1), the provisions

relating to eviction mentioned therein be inserted separately in the
serial of specified reasons (page-33, 34, para- 4.11)

(e) Attestation of the compromise or adjustment as referred to

in the proviso to Section 20(1) by the notary or any other public
authority should be made compulsory in a corresponding
provision. ((Page-34, para- 4.11)

(f) The necessity of giving notice to the tenant for the

termination of tenancy, before the institution of suit on grounds
specified in various clauses of Section 20(2) be done away with,
(page-34, para- 4.12)

(g) The necessity of giving notice of demand under clause

(a) of Section 20(2) be done away with, (page-34, para- 4.19)

(h) The provision relating to "illegal or immoral purpose,"

given in the latter part of clause (d) of Section 20(2) be assigned a
separate clause, (page-53, para- 4.28)

(i) The provision relating to "different/inconsistent purpose,"

given in the earlier part of clause (d) of Section 20(2) be qualified
by a period of four months, subject to the terms of a contract to the
contrary, (page-33, para- 4.28)

(j) In clause (e) of Section 20(2), apart from sub-tenancy,

one more ground for eviction be inserted that the tenant has
transferred his rights, inter vivos or by will, without the written
permission of the landlord, (page-61, para- 4.34)
(k) The situation of non-occupation, continuously, for a
period of four months, without reasonable cause, be, also,
specified as a ground for eviction in Section 20(2), (page-63,
para- 48)

(l) A provision in a separate clause be made in Section 20(2)

that if any order for demolition of the building has been made by
any public authority, which is legally final and enforceable, then
on this ground also the landlord can apply to the prescribed
authority for the eviction of tenant from the building or its
specified portion, (page- 65, para- 4.40)

(m) The period of deposit/ payment of rent etc. due from the
tenant be computable, in Section 20(4), not from "the first
hearing," but from a date as may be fixed by the prescribed
 authority and , at the same time, a provision be, also, added in
Section 20(4) that in the case of an ex-parte order for eviction,
three months' time shall be given for its execution, with the rider
that if the tenant deposits the whole of the decretal amount within
that period before the prescribed authority, then that order shall
not be liable to be executed and (page-44, para- 4.20 and Page-77,
para- 4.50)

(n) The provisions relating to the striking-off of defence of

the tenant-defendant by the court in the case of non-deposit of the
admitted amount and interest thereon before or on the date fixed
under Order XV, rule V of the Code of Civil Procedure be
incorporated, with the necessary modifications, as an independent
sub-section of Section 20 (page-78, para- 4.52)

(6) (a) In place of the ground for eviction available in clause (a) of
Section 21 (1), a corresponding provision in Section 20 be inserted
only to the effect that the landlord, on requiring the building
bonafide for occupation, can get the tenant evicted from the whole
building or any specified portion thereof, (page- 65, para- 4.39)

(b) In place of the ground stated in clause (b) of Section

21(1), a corresponding provision in Section 20 be inserted only to
the effect that if the building is in dilapidated condition and is
required for the purpose of demolition, then the order of eviction
of the tenant can be made on the application of the landlord,
(page- 65, para- 4.40)

(c) In Section 20, after the provision corresponding to

Section 21(1) (b), a provision be also made that if, after the
eviction of tenant, the building is not demolished within a
specified period, then after considering the condition of the
building and merits of his application the tenant can be placed in
occupation and proper punitive and other action can be taken
against the landlord, (Page-66, para- 4.40)

(d) No provision corresponding to the fourth proviso to

Section 21(1) pertaining to "comparative hardship" be had in
amended Section 20 (Page - 67, 68, para- 4.41_
 (e) In the provisions of Section 20 corresponding to Section
21 (1-A) :

(i) It may be provided in the later part of the

provision, which relates to the satisfaction of the prescribed
authority, that the landlord of such building was in
occupation, or was entitled for occupation, of a public
building for residential purposes (page-71, para 4.48)

(ii) Other consequential amendments be made in the said provision

(page- 71, para- 4.48)

(iii) Apart from the cessation of employment, even on the

death of employment, , his/her widow/ widower/ members of
the family be entitled to give an application for the eviction of
tenant from any rented building, and (page- 71, para- 4.48)

(iv) if there are more than one house of the landlord in a

place or specific locality, then this provision be also added that
the provisions of sub-section (1-A) shall apply to one building
only. (Page-71, para- 4.48)

(f) As in Section 21(6), a similar provision be made under

Section 20, empowering the prescribed authority to grant, on
passing an order for eviction, three month's time to the tenant
for vacating the building. (Page - 69, para- 4.42)

(7) The commission is of the view that the aggrieved party should have
a right to prefer an appeal to the District Judge against the Judgement of the
prescribed authority in an eviction case. It may be provided in the Act that
the appeal shall be decided in accordance with the prescribed procedure
and the appellate decision shall be final. (Page-33, Para 4.10 and Page- 79,
para 5.2)

(8) If the commission considers to make some other suggestions for

necessary amendments, a report shall be sent again in future.”
Again in the year 2010, Sixth State Law Commission headed by
Hon’ble Mr. Justice [Link] has submitted its Sixth Report, 2010 by
its letter dated 18.06.2010 for repealing the Uttar Pradesh Urban
Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and
enacting a fresh legislation on the subject. It was expected that it will
increase the housing sector, balance the interest of landlord and tenant
and ease the litigation. More than eight years have passed since then but
it appears that no action has been taken on that report. As the covering
letter of Sixth Report, 2010 of the Sixth State Law Commission mentions
that Hon‟ble Allahabad High Court vide judgement dated 31.07.2009
passed in Civil Misc. Writ Petition No. 44345 of 2005, Amarnath Gupta
vs. Rent Control and Eviction Officer and others, made a reference to
the U.P. State Law Commission for compliance of the judgment of Milap
Chandra Jain case by which certain provisions of U.P. Act No. 13 of
1972 were declared ultra vires of the Constitution of India by Allahabad
High Court and the State Government was directed therein to enact a
proper legislation at the earliest.
As far as the compliance of judgment of Milap Chandra Jain and
others vs. State of U.P. and others, 2001 (2) ARC 488 decided on
12.09.2001 is concerned, that was a decision of Hon‟ble Single Judge.
The law laid down in Milap Chandra Jain (supra) was not approved by
Hon‟ble Division Bench of Allahabad High Court in Civil Misc. Writ
Petition No. 50870 of 2004 Neena Jain and Others vs. State of U.P. and
another decided on 04.04.2014 in which the Division Bench has held as
under:-
“The ratio of the Judgments of learned Single judges in Milap
Chandra Jain (I) and Milap Chandra Jain (II) is not correct. The
reasoning given in these judgments based upon Mailpe Vishwanath
Acharya’s case (supra) in which the Supreme Court even in the extreme
conditions, where rents were pegged to the year 1940 did not choose to
strike down the Act, is held to be invalid. Learned Single Judge deciding
these cases failed to notice the settled law that unreasonableness, which
 is a relative term, in the absence of any challenge to legislative
competence and the provisions of the Act being violative of fundamental
rights, cannot be accepted as grounds to challenge the validity of any Act,
or its provisions. The judgments in Milap Chandra Jain-I and Milap
Chandra Jain-II are thus held to be bad in law.”

It may be mentioned that the Hon‟ble Single Judge of Allahabad

High Court decided Milap Chandra Jain (first case) on 12.09.2001 while
the same reasoning was followed by Hon‟ble Single Judge of Allahabad
High Court in Milap Chandra Jain (second case) decided on 03.02.2014.
The decision of Division Bench is of 04.04.2014 in which the law laid
down by Milap Chandra Jain (first case) and Milap Chandra Jain (second
case) has been declared to be bad in law. Meaning thereby that the ratio of
judgments of Milap Chandra Jain (first) and Milap Chandra Jain (second)
is no more applicable.
One more aspect for prolonged litigation is the death of landlord or
death of the tenant. After the death of landlord, the bonafide questions are
raised regarding succession while upon the death of tenant, although the
provisions are clear that only such persons shall continue in the tenancy
who normally resided with the deceased-tenant in the building at the time
of his death. While for non-residential building, all the heirs are treated as
tenant.
The Sixth State Law Commission in its Sixth Report regarding Uttar
Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972 proposed a new Legislation with the following conclusions. For the
sake of convenience, the said conclusions are reproduced here as follows:-

“5.1 The above discussions clearly shows that with other

problems rent control is a major urban problems, with the
industrial development and decentralization of infrastructure of
different sectors, it is further getting momentum. This is
because in any rental housing marker, there are several other
factors also in operation, which have a major influence on
supply, demand and prevalent rents. But at the same time it has
to be admitted that any form of price control is undesirable, as
most economist agree, all rent controls should be abolished.

5.2 Some suggestions have also been made that what is

the need of Rent Control Act; they argued that in free market
there is no need for such enactment. But after going through
various judgements of Hon‟ble Apex Court and High Courts
and in view of above discussions we are constrained in our
action towards complete deregulation by the other variables,
which operate in any urban housing scenario. Thus the idea of
immediate banishment of rent controls must be dropped. The
questions that need to be answered first are that will the
pressing problems that exist in areas of this State go away with
rent control deregulation? Are there other factors that need to
be addressed simultaneously for rent control deregulation to
really have the desired effects? These questions gain extra
importance when we consider the other factors working behind
and supply in rental housing markets. Some of these factors
two like rural – urban migration, population growth, urban
infrastructure, bottlenecks, land availability, its distribution
between public and private uses, mass transportation shortages
etc. What really is needed a step by step approach. And the
ideal first step could be to reform our existent Rent Control
Law instead of vouching for
complete deregulation of rent. Despite the circulation of a
model rent control law to the state with other State by the
Central Government in 1992 and judgements in Milap
Chandra Jain Case and Amarnath Gupta Case, by the
Allahabad High Court, nothing of note has been done with
regard to reforming the existent law except amending the U.P.
Act No. 13 of 1972 vide U.P. Act No 5 of 1995 on the basis of
recommendations made under the Model Rent Control Law,
and by which any building, whose monthly rent exceed Rs.
2000/- with certain other buildings were exempted, but it could
not give the fruitful result as main object of the model Rent
Control Law and recommendations of expert bodies such as the
Economic Administrative Reform commission and the National
Housing Commission on Urbanization could not be achieved so
far.

5.3 Thus, Commission is of the view that instead of

incessant rhetoric about complete and immediate deregulation,
what is needed is a methodical approach towards reforming the
existent rent control laws and bring them upto respectable
standards. And instead of relying completely upon examples of
other countries where deregulation has worked, empirical
research and quantification of the relationships needs to be done
between the various factors working behind the scenes in the
rental housing market, and the impact deregulation is likely to
have on these factors. Therefore it is considered necessary and
expedient to propose major changes in the present rent control
act, to provide for regulation of rent and eviction in the spirit of
modern economy in a manner more suited to our state. As the
amendments are extensive and substantial in nature, the
Commission feels that, instead of making changes in the U.P.
Act No. 13 of 1972 it will be better to repeal and replace the
said act by enacting fresh legislation.

5.4 A question was raised in the seminar that the present U.P. Rent
Control Act is pro tenant therefore balance should be maintained
between the landlord and tenant while amending the present law or
enacting a new legislation. This argument has support with the
observation of Hon‟ble Supreme Court in Satyawati Sharma
Case that there has been a definite shift in the court‟s approach
while interpreting the rent control legislation. An analysis of the
judgements of 1950s to early 1990s would indicate that in majority
of cases the court heavily leaned in favour of an interpretation
which would benefit the tenant. In these cases the Court
consistently held that the paramount object of every rent control
legislation is to provide safeguards for tenants against exploitation
by landlords who seek to take undue advantage of the pressing
 need for accommodation of a large number of people looking for a
house on rent for residence or business in the background of acute
scarcity thereof. However, a different trend is clearly discernible in
the later judgments. In Jugindar Pal case Hon‟ble Apex Court
have observed that the courts have to adopt a reasonable and
balanced approach while interpreting rent control legislation
starting with an assumption that an equal treatment has been meted
out to both the sections of the society. In spite of the overall
balance tilting in favour of the tenants, while interpreting such of
the provisions as take care of the interest of the landlord the court
should not hesitate in leaning in favour of the landlords. Such
provisions are engrafted in rent control legislations to take care of
those situations where the landlords too are weak and feeble
humble. In State of Maharashtra and Anr. Vs. M/S Super Max
International Pvt. Ltd. & Ors. Hon‟ble Apex Court emphasize
the need for a more balanced and objective approach to the
relationship between the landlord and tenant. This is not to say that
the Court should lean in favour of the landlord but merely that
there is no longer any room for the assumption that all tenants, as
a class, are in dire circumstances and in desperate need of the
Court‟s protection under all circumstances.

5.5 Chapter- IV of U.P. Act 13 of 1972 which deals with

regulation and eviction, but it is general perception that in the
present scenario building could not be got vacated easily even on
bonafide personal need, therefore recourse is being taken by the
landlord to other scrupulous method to seek eviction of tenant.
These methods which are adopted are outside the four corners of the
law and are slowly giving rise to a state of lawlessness where, it is
feared, the courts may become irrelevant in deciding disputes
between the landlords and tenants. The Commission is also of the
view that in U.P. certain other factors, which will be dealt later, are
also responsible for above situation. Therefore in the proposed
legislation Commission has proposed such provisions for ejectment
which are reasonable and balanced.
 5.6 It is also argued that present rent Act is static as rent is freezed
at the level of 1972 or on the date of first letting, and very low
returns in investment, and has adversely affected investment in
rental housing, and caused deterioration of the rental housing stock.
In this regards a number of expert bodies such as the Economic
Administration Reforms Commission and the National Commission
on Urbanization have recommended reform of the rent legislation in
a way that balances the interests of both the landlords and tenants,
and also stimulates future construction. In Malpe’s case Hon‟ble
Apex Court considered the question whether determination and
fixation of rent under the Bombay Rents, Hotel and lodging House
Rates Control Act, 1947, by freezing or pegging down of rent as on
01-09-1940 or as on the date of first letting was arbitrary,
unreasonable and violative of Article 14 of the Constitution. The
three –Judges Bench answered the question in affirmative but
declined to strike down the provisions concerned on the ground
that the same were to lapse on 31-03-1998. In Milap Chandra Jain
case almost similar matter was before the Hon‟ble Allahabad High
Court in which on the basis of Malpe’s Case while declaring
sections 3(k),4(2),5,6,8 and 9 of U.P. Act No. 13 of 1972 as ultra
vires of the Constitution of India observed that I am of the view that
the control of ejectment and not permitting to enhance the rent with
the price index highly unreasonable. The control of eviction is the
matter of policy of the Government due to the shortage of
accommodation but the control of rent at the level of 1972 in some
classes of tenants can not be the policy of the State, and it being
unreasonable unfair and unequal is liable to struck off.

5.7 The Commission does not want the rent to be static. It

feels that there is immediate need for periodical upward revision of
rent of residential and non-residential premises, whether existing
tenancies or new tenancies. To meet this situation Commission has
proposed revision of rent in respect of existing and new tenancies.
It is provided that after the commencement of the proposed
legislation in case of new tenancy, rent of premises shall be
payable as agreed to in between the parties. It shall be increased at
the rate of 5% and 7% per annum in case of residential and non-
residential premises respectively and the amount of increased of
rent shall be compounded on an yearly basis. In case of old
tenancy, where premises have been let out before the
commencement of this Act, the rent shall be increased at the
aforesaid rate and the amount of increase of rent shall be
compounded on an yearly basis. If the premises have been let out
prior to 1st January, 1950 it shall be deemed to have been let out on
1st January, 1950 and the rent shall be liable to be increased since
then at the aforesaid rates per annum in similar manner upto the
year of commencement of this Act.

5.8 In the present Act Chapter-III provide regulation of letting. Ss

11 to 19 deal with the provisions of prohibition of letting without
allotment order, deemed vacancy of building in certain cases,
restrictions on occupation of building without allotment or
release, regularization of occupation of existing tenants,
obligation to intimate vacancy to District Magistrate, allotment
and release of vacant building, condition of making allotment
order, appeal against order of allotment or release and re-
allotment in event of Landlord abusing release order respectively.
Under these provisions District Magistrate has been given the
sole power to declare the vacancy and allot the building to the
tenant. Any persons aggrieved by a final order under any of the
said sections may, within 15 days from the date of such order,
prefer a revision to the District Judge on the grounds mentioned
under section 18 of the Act. During the Seminar and various
responses received on the questionnaire it is alleged that these
provisions are misused and consequently litigations have
multiplied because normally genuine claimants are not able to get
the vacant building under tenancy only influential persons are
able to get the building allotted in their favour at a very low rent.
Concerned authorities used to work in arbitrary manner,
consequently certain influential persons have got allotted certain
properties in urban areas and different District Headquarters at
very low rent.
 5.9 According to experts, Rent Control Laws are
responsible for degeneration of the quality of life in civic
habitation. Tenants residing could not be evicted for a long time
and would not surrender their cheap tenancies on their own
volition. The renovation of building could hardly happen. One
such Act favouring the rental property market is the Rent control
Act.

5.10 Commission is of the view that it is not a healthy

practice in the free economy. These provisions are also not get
favour from the model Rent Control legislation circulated by
Government of India in 1992 and recommendation of the
Economic Administrative Reforms Commission and the National
commission on Urbanization. Therefore said provisions have no
relevance in the present scenario. With certain genuine and
reasonable restrictions every person has right to let his building
to any person at market rent. Consequently Commission in its
proposed legislation has provided that no person shall let or take
on rent any premises except by an agreement in writing and
landlord to compulsorily register tenancy with the liability of
being deprived of benefits of the protection of the Act of non
tenancy and landlord shall provide a copy of such tenancy
agreement to the Police Station concerned, for their verification,
if they so needed. It will help to improve the law and order
situation also because it is general policy of the State that if any
building is occupied by a tenant it should be informed to the
Police Station concerned on the same pattern as any person has a
domestic servant. It is in consonant with the model Rent Control
legislation and said expert body‟s recommendations.

5.11 It is general complaint that landlords are not giving a

receipt for rent payable to and received by them while they are
bound to do so. In this regard under present Rent Act section 26(4)
is there which provides that the landlord shall give to the tenant a
receipt for rent payable to and received by him. It has been noticed
that there are large numbers of litigations on this point because
tenants are not being provided receipt of payment of rent, taking
 the benefit landlord claims that particular person is not his tenant
while alleged in mind all these things Commission has made a
mandatory provision in this regard.

5.12 In the present Rent Act under sub-section (1) of section 2

clause (g) was inserted by U.P. Act No. 5 of 1995, by which any
building, whose monthly rent exceeds two thousand rupees was
exempted. During seminar it was argued that it should be raised to
four or five thousand rupees. The Model Rent Control Legislation
recommended that provision for exemption to residential and non-
residential premises carrying more than a specified rental value
ranging from Rs 1500/- to Rs 3500/- per month as may be
specified by the State and mandatory provision for such exemption
on a city wise basis be made by the State. The Commission gave
its anxious thought on the issue and finds that this provision should
not continue as it is discriminatory, particularly when compulsorily
registered tenancy is provided in the proposed legislation. In
Rattan Arya and Others. Vs. State of Tamil Nadu and another,
(1986) 3 SCC 385, Hon’ble Supreme Court had to consider the
validity of Section 30 (ii) of the Tamil Nadu Buildings (Lease and
Rent) Control Act, 1960 which provided that tenants of residential
building being monthly rent exceeding Rs. 400 were exempted
from the protection of the Act whereas no such restriction was
imposed in respect of tenants of non-residential buildings under the
said Act. Holding that the tenants of the residential buildings
required greater protection and that there was no justification in
picking out the class of tenants of residential buildings paying a
rent of more than Rs. 400/- per month and to deny them the right
conferred generally on all tenants of buildings, residential or non-
residential, and for this reason holding Section 30 (ii) of the Said
Act as being violative of Article 14, it was observed as follows:
“It certainly cannot be pretended the provisions is intended to
benefit the weaker sections of the people only. We must also observe
here that whatever justification there may have been in 1973 when
section 30 (ii) was amended by imposing a ceiling of Rs. 400 on rent
payable by tenants of residential buildings to entitle them to seek the
protection of the Act, the passage of time has made the ceiling utterly
unreal. We are entitled to take judicial notice of the enormous
multifold increase of rents throughout the country. Particularly in
urban areas. It is common knowledge today that the accommodation
which one could have possible got for Rs. 400 per Month in
1973 will today cost at least five times more. In these days of
universal, day to day escalation of rentals any ceiling such as that
imposed by Section 30 (ii) in 1973 can only be considered to be
totally artificial and irrelevant today. As held by the Supreme Court
in Motor General Traders v. State of Andhra Pradesh, AIR 1984
SC 121, a provision which was perfectly valid at the commencement
of the Act could be challenged later on the ground of
unconstitutionality and struck down on that basis. What was once a
perfectly valid legislation, may in course of time, become
discriminatory and liable to challenge on the ground of its being
violative of Article 14. In synthetic and Chemicals Ltd. Case Apex
Court observed that restriction valid under one circumstance may
become invalid in changed circumstances.
5.13 In the present Rent Control Act sub-section (2) of section 2
runs as follows:-
(2) Except as provided in sub-section (5) of section 12, sub-
section (1-A) of section 21, sub- section (2) of section 24, section 24-
A, 24-B, 24-C or sub-section (3) section 29, nothing in this Act shall
apply to a building during a period of ten years from the date on
which its construction is completed.
Provided that where any building is constructed substantially out
of funds obtained by way of loan or advance from the State
Government or the Life Insurance Corporation of India or a bank or a
co-operative society or the Uttar Pradesh Avas Evam Vikas Parishad,
and the period of repayment of such loan or advance exceeds the
aforesaid period of ten years, then the reference in this sub-section to
the period of ten years shall be deemed to be a reference to the period
of fifteen years or the period ending with the date of actual
repayment of such loan or advances (including interest), whichever is
shorter.
Provided further that where construction of a building is
completed on or after April 26, 1985 then the reference in this sub-
section to the period of ten years shall be deemed to a reference to a
period of (forty years) from the date on which its construction is
completed.
5.14 It is clear from the aforesaid provision that where the
construction of a building is completed on or after 26-04-1985
then such building is exempted from the purview of the Act for forty
years and in other conditions as stated in the provision different
period of exemption is given. On these grounds it was argued in the
Seminar that either this exemption period be retained or extend the
period. Almost similar provision was under challenge before the
Hon‟ble Apex Court in Motor General Traders V. State of A.P.,
AIR 1984 SC 121, wherein validity of Section 32 (b) of the A.P.
Buildings (Lease, Rent and Eviction) Control Act, 1960 was
considered. By that section it was declared that the provisions of the
main Act will not apply to the buildings constructed after 26-08-
1957. The Court noted that exemption had continued for nearly a
quarter century and struck down the same despite the fact that
validity thereof had been upheld by the High Court in Chintapalli
Achaiah Vs. P. Gopalakrishna Raddy, AIR 1966 A.P.51. Some of
the observations made in the judgment are worth noticing. These are:
“16. What may be unobjectionable as a transitional or
temporary measure at an initial stage can still become discriminatory
and hence violative of Article 14 the Constitution if it is persisted in
over a long period without any justification.”

“24.------ What was justifiable during a short period has turned

out to be a case of hostile discrimination by lapse of nearly a quarter
of century.------. We are constrained to pronounce upon the validity
of the impugned provision at this late stage because the garb of
constitutionality which it may have possessed earlier has become
worn out and its unconstitutionality is now brought to a successful
challenge.”
“24.------. As already observed, the landlords of the buildings
constructed subsequent to 26-08-1957 are given undue preference
over the landlords of buildings constructed prior to that date in the
former are free from the shackles of the Act while the latter are
subjected to the restrictions imposed by it. What should have just an
incentive has become a permanent bonanza in favour of those who
constructed buildings subsequent to 26-08-1957. There being no
justification for the continuance of the benefit to class of
persons without any rational basis whatsoever, the evil effects
flowing from the impugned exemption have caused more harm to
the society than one could anticipate. What was justifiable during a
short period has turned out to be a case of hostile discrimination by
lapse of nearly a quarter of century. The second answer to the above
contention is that mere lapse of time does not lend constitutionality
to a provision which is otherwise bad. Time does not run in favour
of legislation. If it is ultra vires, it cannot gain legal strength from
long failure on the part of lawyers to perceive and set upon its
invalidity. Albeit, lateness in an attack upon the constitutionality of a
statute is but a reason for exercising special caution in examining the
arguments by which the attack is supported.”

5.15 Model Rent Control Law recommended that premises for a

period of fifteen years whether newly constructed or otherwise
where the premises have not been under tenancy for seven years or
more after the last tenancy be exempted. In this respect in Housing
Ministers conference held on 21/22-05-1987 under resolution
number IV it was resolved unanimously that “exemption from the
provisions of the Act of new construction less than five years”.
Unanimous recommendation of the Chief Ministers conference held
on 09/03/1992 on the subject also approved the said resolution of
Housing Ministers conference. In Prabhakaran Nair case section
(16(2) of Tamil Nadu buildings (Lease and Rent Control) Act, 1960
was also under challenge before the Apex Court which provides that
when a building is totally demolished and on which a new building
is erected shall be exempted from all the provisions of the Act for a
period of five years. Hon‟ble Apex Court observed that the
exemption to be allowed must be for a reasonable and a definite
period. An exemption for a indefinite period or a period which in the
facts and circumstances of any particular case may be considered to
be unduly long, may be held to be arbitrary. The exemption must
necessarily be effective from a particular date and must be with the
object of promoting new constructions. Hon‟ble Apex Court further
observed that the principle underlying such exemption for a period
of five year is not discriminatory against tenants nor it is against the
policy of the Act.
5.16 In the light of above observations Commission is of the
view that after construction of new building exemption from
operation of the Act should not be there as landlord is free to charge
the rent from the tenant at market rate and he is also at liberty to let
his building to any person as he likes under the provisions of the
proposed legislation. Above provisions in the present Act is
incorporated at the time when vacancy was declared and it was
allotted by the District Magistrate to any person against the wishes
of the landlord at low rent. As stated earlier what may be
unobjectionable as a transitional or temporary measure at an initial
stage can still become discriminatory and hence violative of article
14 of the Constitution if it is persisted in over a long period without
any justification. (Motor General cases)”.
5.17 In view of above discussions and various points raised at
seminar and different meetings and responses received on the
questionnaire the Commission is of the view that new legislation be
made by the State Government instead of amending the present Act
some of the main features of the proposed legislation are as under:-
1. Its application is restricted to such premises situated at
district headquarter and other areas having a population
exceeding one lac as per 2001 census.
2. Certain premises have been exempted from operation of
the Act.
3. No person shall let or take on rent any premises except
by an agreement in writing.
4. Landlord to compulsorily register tenancy with the
liability of being deprived of benefits of the protection
of the Act for non-registration of tenancy.
5. Tenancy is made inheritable to a limited extent for a
period of three years, except as otherwise agreed to in
between the parties.

6. After the commencement of this Act, in case of new

tenancy, rent of premises shall be payable as agreed to
in between the parties. It shall be increased at the rate
of 5% and 7% per annum in case of residential and non-
residential premises respectively and the amount of
increase of rent shall be compounded on an yearly
basis. In case of old tenancy, where premises have been
let out before the commencement of this Act, the rent
shall be increased at the aforesaid rate and the amount
of increase of rent shall be compounded on an yearly
basis. If the premises have been let out prior to 1 st
January, 1950 it shall be deemed to have been let out on
1st January, 1950 and the rent shall be liable to be
increased since then at the aforesaid rates per annum in
similar manner upto the year of commencement of this
Act.
7. The tenant shall be liable to pay to the landlord, besides
the rent, charges for amenities and its maintenance.
8. Landlord shall be liable to give rent receipt to the
tenant.
 9. Protection of tenants against eviction. Tenant may be
evicted on the grounds mention in the Act. Procedure
for eviction of tenants is provided separately.
[Link] on sub-letting.
[Link] of litigation is simplified and two tier system
is made. Petition/ application shall be filled before the
Rent tribunal, which shall be presided over by Civil
Judge (Senior Division) and having atleast seven years
judicial experience and appeal before the appellate Rent
Tribunal which shall be presided over by a member of
Uttar Pradesh Higher Judicial Service having atleast
five year experience as such on prescribed form and its
order shall be [Link] shall
no appeal/ revision against the orders of the appellate
Rent Tribunal.
12. Jurisdiction of Civil Courts is barred in relation to the
rent matters.
13. Summary procedure for proceedings before the tribunal
is provided.
14. Time limit has been prescribed for disposal of cases.
15. Right to recover immediate possession to certain
specified categories of population like retiring/retired
persons in armed forces or paramilitary forces and other
Government servants, widows of persons in armed
forces or paramilitary forces and such other categories
as the State Government may decide. Procedure for
immediate possession is provided separately.
16. Tribunal to promote negotiated settlement of disputes
between landlord and tenant at any stage of litigation.
17. Landlord have the right to inspect the premises.
18. Landlord to keep the premises in good and tenantable
repairs.
19. Landlord to be responsible for all major structural
repairs required; the tenant to responsible for day-to-
day maintenance and repairs.
20. On termination of tenancy, tenant to restore the
premises in as good a condition as it was at the time of
entry.
 21. No wilful cutting off or withholding of essential
supplies or services enjoyed by the tenant in the
premises let to him.
5.18 Accordingly, this report is being submitted by the
Commission to the State Government for a new Legislation
titled the Uttar Pradesh Regulation of Rent and Eviction Act,
2010, to encourage the housing sector and to fulfil the main
object of the Model Rent Control Legislation and
Recommendation of expert bodies such as the Economic
Administration Reforms Commission and the National
Commission on Urbanization and to balance the interest of
both the landlord and tenant. The market forces should be
allowed to determine the rental amounts and the owner must
have full protection for his/her property. This will go a long
way in providing security to landlord. if the law is enacted and
strictly enforced there is every chance that more investor will
want to enter the real estate market to utilize the rental fees as
income. This is especially true for the commercial sector.”

Hon’ble Mr. Justice [Link] Commission also made the

following recommendations:--
“6.1 The question that stares into the face is whether some
peripheral reform/ changes in the present Rent Act would improve
the situation or a radical departure is necessary. There is little scope
for improvement or reform by some changes in the present Rent Act.
The Commission does not want the rent to be static, it feels that
there is immediate need for periodical upward revision of rent,
registration of tenancy and establishment of Rent Tribunal etc.
Therefore it is considered necessary and expedient to propose major
changes in the present rent control act, to provide for regulation of
rent and eviction in the spirit of modern economy in a manner more
suited to our state. As the amendments are extensive and substantial
in nature, Commission is of the view, instead of making changes in
the U.P Act No. 13 of 1972, it is proposed to repeal and replace the
said act by enacting fresh legislation.
 6.2 In the light of discussions in forgoing chapters we
proposed to give our following recommendations, keeping in mind
the terms of reference made by the Hon‟ble Allahabad High Court
and the State Government, discussions at seminar and various
meetings held by the Commission and observation of the Apex
Court and High Courts in various judgements as stated earlier.

6.3 We are drafting a model law on the rent control titled “the
Uttar Pradesh Regulation of Rent and Eviction Act, 2010,” for the
State. It may be noted that under the Constitution of India, rent
control is a state subject as the subject of land, including the relation
of landlord and tenant, is comprised in entry 18 of the State List of
Seventh Schedule of the Constitution. Thus, the enactment and
enforcement of Rent Control Law is the responsibility of the
State. As stated earlier, instead of amendments in the present U.P.
Rent Control Act, it is proposed to repeal and replace the said Act by
enacting fresh legislation, as the amendments are extensive and
substantial in nature and to achieve the main object of the Model
Rent Control Legislation, 1972 of Government of India
recommendations of the Economic Administrative Reform
Commission and, the National Housing Commission on
Urbanization.

1.4 We recommend that:-

In view of the Commission, the proposed legislation

should have the following provisions:-

Clause 1– Short title, extent, application and commencement.

Clause 2- Definitions of words used in various clauses.

Clause 3- Exemption of certain categories of premises and

Tenanciesfromthe purview oftheproposed
legislation.

Clause 4(1)- Creation of tenancy compulsorily to be written

 Agreement.

(2) Compulsory registration of all written agreement

of tenancies.

Clause 5- Limit the inheritability of tenancies.

Clause 6- Rent payable and its enhancement and revision.

Clause 7- Formula of enhancement and revision of rent in

respect of existing tenancies.

Clause 8- Formula of enhancement and revision of rent in

respect of new tenancies.

Clause 9- Liability of tenant to pay the other charges, beside

the rent.

Clause 10- Time by which, tenant to pay the rent and other
charges to the landlord and it shall be mandatory
duty of the landlord to give a written and signed
receipt for the amount paid to him.

Clause 11- Conditions under which tenant may deposit rent or

other charges with Rent Tribunal.

Clause 12- Time limit for making deposit under clause 11 and
consequence of incorrect particulars in application
for deposit.

Clause 13- Saving as to acceptance of rent and other charges

deposited under clause 11.

Clause 14- The tenant shall not be evicted except the grounds as
provided under the clause.

Clause 15- Right of landlord to recover immediate possession in

certain cases.

Clause 16- Restriction on sub-letting.

Clause17- Duty of Rent Tribunals where dispute of relationship

of landlord and tenant arises.
Clause 18- Tribunals to promote negotiated settlement of dispute,
in all cases.

Clause 19- Deposit and payment of rent during pendency of

proceedings for eviction.

Clause 20- Restoration of possession of illegally dispossessed

tenant.

Clause 21- Procedure for recovery of possession under clause

20.
Clause 22- Constitution of Rent Tribunals and Additional Rent
Tribunal. It shall be presided over by Civil judge
(senior Division) and having at least seven years
judicial experience, to be appointed by High
Court. Rent Tribunal alone shall be competent
initially to entertain all application and
proceedings under the Act.

Clause 23- Procedure for revision of rent under clause 7 or

clause 8 by the Rent Tribunal.

Clause 24- Procedure for eviction of tenant before the Rent

Tribunal.

Clause 25- Procedure for recovery of immediate possession

before the Rent Tribunal.

Clause 26- Supply of copies of final order passed by the rent

Tribunal.

Clause 27- Jurisdiction of Rent Tribunal.

Clause 28- Constitution of Appellate Rent Tribunal and

Additional Appellate Rent Tribunal, it shall be
presided over by a member of Uttar Pradesh
Higher Judicial Service having atleast five years‟
experience as such, to be appointed by the high
court, Appellate Rent Tribunal alone shall be
competent initially to entertain all appeals,
Revisions or other such proceedings under the
Act. It also provides the procedure for filling an
 appeal and disposal thereof by the Appellate Rent
Tribunal.

Clause 29- Procedure for execution of the orders by the Rent

Tribunals.
Clause 30- Procedure and powers of the Rent Tribunals and
Appellate Rent Tribunals.

Clause 31- Procedure for setting aside ex-parte orders by the

Tribunals.

Clause 32- Grant of time and adjournment of hearing or the

case.

Clause 33- General power of transfer of proceedings by the

District judge, on the application of any of the
parties.
Clause 34- Duty of landlord to keep the tenanted premises in
good and tenantable repairs in relation to matters
falling under Part A of Schedule I.

Clause 35- Duty of tenant to keep the tenanted premises in

good and tenantable repairsin relation to matters
falling under Part B of Schedule I.

Clause 36- Prohibition of cutting off or withholding any

essential supply or service enjoyed by the tenant.

Clause 37- Penalties and procedure for contravention of any of

the provisions of the Act.

Clause 38- Offences by companies and its punishment.

Clause 39- Cognizance of offence.

Clause 40- Inspection of tenanted premises by the landlord.

Clause 41- Jurisdiction of Civil Court barred in respect of certain

matters.

Clause 42- Proceeding by of against legal representatives.

 Clause 43- Procedure for bringing legal representatives on
record.

Clause 44- Duty of pleader to communicate to the Tribunal

about the death of a party.

Clause 45- Landlord and tenant to furnish particulars to the

Rent Tribunals or any person authorized by it in
that behalf, as prescribed.

Clause 46- Protection of action taking in good faith by the

Tribunals, its officers or staff or servant of the
State Government etc.

Clause 47- Transfer of pending cases to the Tribunals.

Clause 48- Act to have over riding effect.

Clause 49- Power of the State Government to remove difficulties.

Clause 50- Power of the State Government to make rules.

Clause 51- Repeal and savings.

It will also be relevant to refer some latest and important judgments

of Hon‟ble Supreme Court on the subject to demonstrate that on very
minor issues, the parties, may be Landlord or the Tenant, do not hesitate
to approach the Supreme Court . Just imagine the rate of rent in these
cases and the fees payable to a Lawyer of Supreme Court , and thus the
litigation between Landlord and Tenant is never ending. The arrogance
of both the sides requires to be checked and controlled.
There has been much litigation regarding deposit of rent on first
hearing. The dispute to decide the first hearing, benefit of Section 20(4)
and appropriation of rent deposited under section 30 of the Act also
invites dispute The following judgment of Hon‟ble Supreme Court
clarifies the position as under:-
 In Om Prakash vs. Mishri Lal (2017) 5 SCC Hon‟ble Apex Court
held as under:-

“Under Section 20(4) of the U.P. Rent Act, if a tenant, at the first
hearing of the suit, unconditionally pays or tenders to the landlord the
entire amount of rent and damages for use and occupation of the building
due from him together with interest therein @ 9% p.a. and the landlords‟
costs of the suit in respect thereof, after deducting therefrom any amount
already deposited by the tenant under Section 30(1) of the U.P. Rent Act,
the court may, in lieu of passing a decree for eviction on the ground, pass
an order relieving the tenant against his liability for eviction on the
ground of default. The proviso thereto predicates that this benefit would
not be available to a tenant who or any member of whose family has built
or has otherwise acquired in a vacant state, or has got vacated after
acquisition, any residential building in the same city, municipality,
notified area or town areas. Thus, in the present case, even if the deposit
of arrears of rent in full by the original tenant at the time of institution of
the suit is construed to be valid, in the face of his own house elsewhere,
his is not entitled to the protection from eviction under the provision to
Section 20(4) of the U.P. Rent Act.

For speedy disposal of dispute between Landlord and Tenant,

Hon‟ble Supreme Court , In Hameed Kunju vs. Nazim (2017) 8 SCC
611, held as follows:-

“Object of the rent laws is to ensure speedy disposal of eviction

cases between the landlord and tenant and especially those cases
where the landlord seek eviction for his bona fide need. Eviction
matters should be given priority in their disposal at all stages of
litigation and especially where the eviction is claimed on the
ground of bona fide need of the landlord.”

With regard to the need of the heirs of Landlord to continue their

family business, Hon‟ble Supreme Court In Satish Chander Aggarwal
vs. Shyam Lal Om Prakash, (2017) 14 SCC 497, held that it is not in
dispute that business carried on by original landlord is being continued by
his legal heirs is a family business. If that be so, requirement, as
established and which has been upheld by appellate authority after
conducting even a spot inspection, satisfies requirements of bona fide
need of landlord. No doubt, in a given case bona fide requirement of
original landlord and that of surviving legal heirs may vary. But in the
present case, since it is family business and since landlord has established
requirement of premises for family business, it is not necessary to
relegate legal heirs to another round of litigation for eviction. Order
passed by High Court set aside and order passed by first appellate
authority for eviction restored.

Regarding the sub-letting, In Jagdish Prasad vs. Angoori Devi

(2017) 15 SCC 230 Hon‟ble Supreme Court summarized the law as
under:
(i) In a suit by the landlord for eviction of the tenant on the ground of
sub-letting the landlord has to prove by leading evidence that:
(a) A third party was found to be in exclusive possession of the whole or
part of rented property.
(b) Parting of possession thereof was for monetary consideration.
(ii) The onus to prove sub-letting is on the landlord and if he has
established parting of possession in favour of a third party either wholly
or partly, the onus would shift to the tenant to explain.
(iii) In the event, possession of the tenant wholly or partly is proved and
the particulars and the instances of the transactions are found acceptable,
in particular facts and circumstances of the case, it is not impermissible
for the court to draw an inference that the transaction was entered with
monetary consideration. It may not be possible always to give direct
evidence of monetary consideration since such transaction of sub-letting
are made between the tenant and sub-tenant behind the back of the
landlord.
(iv) In each case, the proof of sub-letting/ sub-tenancy thus, has to be
established on the parameters of law, as laid down by the Supreme Court.
Whether, in particular facts and circumstances the landlord has
 successfully discharged the burden of proving sub-tenancy depends on
pleading and evidence in each case.

Regarding Need of the Landlord, Hon‟ble Supreme Court In Mohd.

Ayub vs. Mukesh Chand (2012) 2 SCC 155, held:-
“The landlord's requirement need not be a dire necessity. Rent in the
place where the appellant landlord was presently carrying on his business
keeps on increasing. All three sons of the appellant landlord were educated
but unemployed. One of them was married and had three children and the
other two were of a marriageable age. The appellant landlord's family
consisted of 13 members and they were living in three rooms and one
verandah with great difficulty. The respondent tenant did not make any
arrangements for alternate accommodation during pendency of litigation.
Even if the appellant landlord being more affluent could have purchased
another building, still he was entitled for vacant possession of his premises
under dispute. The lower courts ought not to have given importance to
length of tenancy of the respondent tenant. The hardship that the appellant
landlord would suffer by not occupying his own premises would be far
greater than the hardship the respondent tenant would suffer by having to
move out to another place. Considering the difficulty likely to be suffered
by the respondent tenant, he is given six months' time to vacate the premises
of the appellant landlord.”
In Sudama Devi vs. Vijay Nath Gupta, 2018 (6) SCC 759, Hon‟ble
Apex Court held that:-

“In order to attract the proviso to Section 20(4) of the Act, three facts
need to be proved. First, the tenant or any member of his family, as
specified under Section 3(g), has either built or otherwise acquired any
residential building; second, such residential building is in a vacant state;
and third, such vacant residential building is situated in the same city,
municipality, notified area or town area where the suit tenanted premises are
situated. Once these three facts are proved, the proviso would apply against
the tenant disentitling him to claim the benefit of Section 20(4) to avoid the
decree for his eviction passed against him under Section 20(2) (a) of the
Act. The main reason behind enacting such proviso is that the tenant, in
such circumstances, would not suffer any hardship, if he is asked to vacate
the tenanted premises pursuant to eviction decree passed against him on the
ground of arrears of rent under Section 20(2) (a) of the Act because he or
any member of his family has built house or acquired it and got its vacant
possession situated in the same city. Such tenant can, therefore, shift in the
house of member of the family. (Paras 24 to 26)
There is no merit in the tenant‟s (appellants‟) submission that it is only
when any member of the tenant‟s family is living with the tenant in the
tenanted premises any if he owns any vacant residential building in the
same city, the tenant can be deprived of the benefit of Section 20(4). The
specific submission that in cases where the tenant‟s son is living separately
from his father (tenant) in his own house then such tenant cannot be made to
suffer the eviction decree once he complies with the requirements of Section
20(4) cannot be accepted. The language of the proviso being plain and
simple leaving no ambiguity therein, the words of the proviso cannot be
read the way the appellant wants the Court to read therein. If such was the
intention of the legislature, then the proviso would have been worded
accordingly. Such is, however, not the case here. (Paras 28, 27 and 29).
In the present case, the tenant, having rightly suffered a decree for
eviction on the ground contained under Section 20(2) (a), is not entitled to
take the benefit of Section 20(4) because his case falls under the proviso to
sub-section (4) by virtue of the fact that his son, who is member of family
being a male lineal descendant as specified under Section 3(g) (ii) of the
Act, has built his residential house in the same city and he is in its
possession. The tenant can, therefore, shift in the said house once he is
asked to vacate pursuant to the eviction decree passed against him.”
The present Commission after studying the recommendations made by
Hon‟ble Mr. Justice [Link] Commission, Hon‟ble Mr. Justice [Link]
Commission and judgments of Hon‟ble Allahabad High Court as well as
judgments of Hon‟ble Supreme Court, is of the view that after repealing the
existing Act No. 13 of 1972, a new Act should be legislated. The present
Commission is in agreement with the suggestions made by Justice V. C.
Mishra Commission, but for some changes in the proposed Bill. The
Commission has also considered the proposed new Act submitted by
Housing and Urban Planning Department, Government of U.P. and is of the
view that the proposed Act has various omissions, shortcomings and
loopholes which will further increase the litigation. The omissions,
shortcomings and loopholes of the proposed Act shall be discussed in
forthcoming Chapter. After considering the various aspects of the litigation
and judgments of Hon‟ble Allahabad High Court and Hon‟ble Supreme
Court, the present Commission has prepared a Draft Bill on “Uttar Pradesh
Urban Building (Regulation of Letting, Rent and Eviction) Bill, 2018”
which is also annexed herewith in the forthcoming Chapter.
The Commission is of the view that the Housing and Urban Planning
Department, Government of U.P. should also consider the
recommendations of the present State Law Commission with a view to
decrease the litigation between landlord and tenant.
Before parting with, it is suggested that as the subject in hand is very
tedious and a large number of litigation is pending right from Lower Court
to the Supreme Court, and the proposed Law shall also have far-reaching
impact on the relations of Landlord and tenant, therefore the
Administrative Department is advised to constitute a Committee of
Experts to consider various aspects of the proposed Legislation. I may
suggest that Justice S.U. Khan, Former Judge of High Court of Judicature,
at Allahabad, who is now settled at Lucknow has a great experience in
dealing with rent control matters, as an Advocate of High Court as well as a
Judge of the High Court. His Lordship has also recently written a Book on
LAW OF RENT CONTROL IN INDIA. Sri O.P. Agrawal, District Judge,
Lakhimpur kheri Mr. Mohd. Arif Khan, Senior Advocate, High Court,
Lucknow, Sri [Link], Senior Advocate , High Court, Lucknow, Sri Ankit
Srivastata, Advocate, High Court, Sri Anupam Mehrotra, Advocate, High
Court and such other advocates, who have experience in this field, may be
opted for this Committee. Apart from them, Principal Secretaries or their
nominees, (but not below the rank of Special Secretaries) of Department of
Home and Urban Planning, Department of Law & LR and Department of
Legislative should also form part of the Expert Committee. However, the
State Law Commission shall also feel pleasure to be the part of such
committee.
The Commission is thankful to Mrs. Sapna Tripathi, H.J.S.,
Secretary, State Law Commission for her valuable suggestions and
assistance in preparing this report.

SEPTEMBER 10, 2018 (Justice Aditya Nath Mittal)

Chairman
 CHAPTER – II

DRAFT BILL AS
RECEIVED FROM
THE
DEPARTMENT OF
HOUSING AND
URBAN PLANNING
 CHAPTER – II
DRAFT BILL AS RECEIVED FROM THE DEPARMENT OF HOUSING AND
URBAN PLANNING

THE UTTAR PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND

EVICTION) BILL, 2018

An Act
to establish a framework for the regulation of Tenancy matters and to promote leasing of
accommodation by balancing the interests of landlords and tenants and to provide for fast
adjudication process for resolution of disputes, and for matters connected or incidental
thereto.

Chapter I

Preliminary

1. Short Title, Extent and Commencement

(1) This Act may be called the Uttar Pradesh Buildings (Regulation of Letting, Rent
and Eviction) Bill, 2018.
(2) It shall extent in first instance to such of the Municipal areas which are comprising
the District Headquarters in the State and later on to such of the other Municipal
areas or any areas within the State as the State Government may, by Notification in
the Official Gazette, specify from time to time.
Provided that the Government through notification may exclude any area or units or
class of buildings from the operation of this Act or any provision thereof.
(3) It shall come into force on such date as the State Government may by notification,
in the official Gazette, appoint and different dates may be appointed for different
provisions of the Act.

2. Definition
In this Act unless the context otherwise requires-
a) “Appellate Rent Tribunal” means Appellate Rent Tribunal constituted under Section
31.
(b) “Existing Tenancies” means tenancies entered into prior to the commencement of this
Act and covered under the State Rent Control Act and valid upto 24 months from the
commencement of this Act as per Section4 and Section 9

(c) Landlord” means a person or a company who owns a rental unit and who is entitled
to receive rent for the use and occupancy of any rental unit and shall include his
successor-in-interest.

{d) “Housing Services” include provision of furniture, furnishings, appliances, parking

and related facility, laundry facility, lifts garbage collection, storage facility, intercom
system, cable television facility, security services, and common recreational facilities.

(e)“Joint Tenants” means more than one person or family unit occupying one rental unit
and responsible for paying rent to the landlord separately or jointly.

(f)“Local Authority” means a municipal corporation or municipality or any other local

body constituted under any law for the time being in force.

(g)“Periodic Tenancy” means a tenancy for successive periods of equal duration: from
month to month or week to week or any other period of equal duration and terminable by
notice (of the same period) by either landlord or tenant and includes tenancy which
commences on the expiry of fixed term tenancy.

(h)“Property Manager” means a person or company who is employed by the landlord to

manage the rental unit(s) and who represents the landlord.

(i)“Rent” means the consideration paid or required to be paid periodically by or on behalf

of a tenant to the landlord or to the property manager for the right to occupy a rental unit
and for any housing services and any privileges or benefits that the landlord provides for
the tenant in respect of the occupancy of the rental unit but does not include security
deposit or any other deposit.

(j)“Rent Tribunal” means a Rent Tribunal Constituted under Section 30 of the Act.

(k)Rental Unit” means a unit in a building or part of a building including land appurtenant
thereto, rented or available for rent for residential use and occupancy together with all
housing services connected with the use and occupancy of such unit but does not include
hotel, hostel, a boarding house, tourist homes or guest houses.
 (l)“Security Deposit” means any payment, fee, deposit or charge to be used for any
purpose including recovery of rent defaults, repairing damages caused by the tenant and
any other item as specified in the Tenancy Agreement.

(m)“Tenant” means any person who has the right to use and occupy a rental unit and
includes successor to a tenant and a subtenant.

(n)“Tenancy Agreement” means an agreement in writing between a landlord and a tenant

for the use and occupancy of a rental unit and housing services on agreed terms and
conditions.

(o)“Tenancy period” means the period for which the rental unit has been let to the tenant
by the landlord.

(p)“Urban Area” means the areas that fall under the jurisdiction of either the Municipal
Corporation or the Municipal Council as the case may be.

3. Exemptions
Nothing in this Act shall apply to –
(a) Any rental unit owned by the Central or State Government or Local Authority or a
Government undertaking or enterprise or a statutory body or cantonment board.
(b) Rental unit[s] owned by a company, university, educational institution or
organization given on rent to its employees as part of service contract.
(c) Any rental unit owned by religious or charitable institutions as may be specified by
the State Government.
(d) Any rental unit owned by Wakfs registered under the Wakf Act, 1995 (No.L3 of
1995) or to any trust registered under the Public Trust Act.

Chapter II
Tenancy
4. Notification of Tenancy
 (1) Notwithstanding anything contained in this Act or any other law for the time being
in force, any agreement for letting of any rental unit entered into between the
landlord and the tenant [s], after the commencement of this Act, shall be in writing
and that such tenancy agreement will be registered or notarized with the Notary
Public and signed jointly by the landlord and tenant[s] in the manner prescribed,
which shall within a period of three months from the start of tenancy.

Two copies of the Tenancy Agreement to be made in original, one each for the
landlord and the tenant. Tenancy Agreement shall be as given in Schedule I.

(2) In case of any changes in the terms of Tenancy Agreement, the same will be
incorporated in a new Tenancy Agreement, which shall be registered or notarized
as prescribed within thirty days of the changes having occurred.
(3) In case of joint tenants, the tenancy agreement may be entered into with all the
tenants jointly or with each tenant separately. In case of joint tenancy agreement all
tenants will sign the Tenancy Agreement and receive a copy of the same.

(4) In case of unregistered existing tenancies, the landlord and the tenant shall record
terms of tenancy as subsisting on the date of commencement of this Act as per
Schedule II and get this registered or notarized within six months of the
commencement of this Act.

Provided that at the end of the period of 24 months from the commencement of this
Act the landlord and the tenant will enter into a new tenancy agreement as per
Schedule I and for all intent and purposes the tenancy will be construed as new
tenancy at the end of 24 months from the commencement of this Act.

5. Period of Tenancy
(1) All tenancies entered into after the commencement of this Act shall be for a period
as agreed between the landlord and the tenant[s] and as noted in the Tenancy
Agreement.
(2) The tenant may approach the landlord for renewal or extension of the tenancy not
less than two months prior to the end of tenancy period and if agreeable to the
landlord may enter into a new tenancy agreement with the landlord.
(3) If a tenancy for a fixed term ends and has not been renewed or the premises have
not been vacated by the tenant at the end of such tenancy, 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 subject to any change that may be made
in the rent charged.
(4) In the event of the death of the tenant tenancy will continue till the end of the
 tenancy period in case of fixed period tenancy and in case of periodic tenancy till
the end of the period.

6. Inheritability of existing tenancies

In case of existing tenancies, in the event of death of the tenant, the right of tenancy shall
devolve to his successors in the following order:

(a) Spouse;
(b) Children;

(c) Parents; and

(d) Daughter-in-law being the widow of predeceased son.

Provided that the successor has been ordinarily living in the premises with the deceased
tenant as a member of family upto his death and he or his spouse or dependent children
do not own or occupy a residential unit in the same urban area.

7. Restriction on Subletting
(1) After the commencement of this Act, no tenant shall without the previous consent
in writing of the landlord –

(a) sublet whole or part of the premises held by him as a tenant;

(b) transfer or assign his rights in the tenancy or any part thereof.

(2) If any tenant sub lets, assigns or otherwise parts with the possession of the whole
or part of any building in contravention of the provisions of this Act, he shall be
punished with fine which may extend to five thousand rupees, or double the rent
received by the tenant for sub letting for every month till such time the cause of
complaint ceases, whichever is more.
(3) Where the premises are lawfully sublet as in Section 7(1), the tenant will notify to
the landlord the date of commencement of sub tenancy or its termination within one
month of the commencement or termination.

Chapter III
Rent

8. Rent Payable
(1) In case of tenancies entered into on or after the commencement of this Act, rent
 payable of a rental unit shall be the rent agreed between the landlord and the tenant
at the commencement of tenancy.

(2) In case of existing tenancies, at the end of 24 months from the commencement of
this Act, rent payable shall be as per Section 9(1), and
(a) The landlord will intimate the tenant two months prior to the expiry of 24
months from the commencement of this Act about the revision in rent.
(b) In the absence of an agreement between the landlord and the tenant on the Rent
Payable as per Section 9(1), the landlord will have the option to terminate the
tenancy as per Section 22.

9. Revision of Rent
(1) Revision of rent between the landlord and the tenant will be as per the terms
set in the Tenancy Agreement.
(2) The landlord will give a notice in writing three months before the revised rent
becomes due.
(3) If a tenant who has been given notice of an intended rent increase under
Section 9(2) fails to give the landlord notice of termination of tenancy, the
tenant shall be deemed to have accepted whatever rent increase has been
proposed by the landlord.
(4) In case the rental unit has been let for a fixed term, rent may not be increased
during the currency of the tenancy period unless the amount of increase or
method of working out the increase is expressly set out in the Tenancy
Agreement.
(5) No tenant shall directly or indirectly sublet or assign, whole (or part) of the
rental unit for a rent that is higher than the rent (or the proportionate rent)
charged by the landlord to the tenant.

(6) 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 rental unit occupied by the tenant, not being
repairs necessary to be carried out under Section 16, the landlord may increase
the rent of the premises by an amount as agreed between the landlord and the
tenant prior to the commencement of the work and such increase in rent will
become effective from one month after the completion of work.
(7) Where after the rent of a rental unit has been agreed or fixed, there has been a
decrease of diminution or deterioration of accommodation or housing services
 in the rental unit, the tenant may claim a reduction in the rent [and may
approach the Rent Tribunal for the same in case of conflict].

(8) The landlord may either restore the rental unit and the housing services as at
the commencement of tenancy or agree for a reduction in rent.

10. Rent Tribunal to fix or Revise Rent

The Rent Tribunal on an application by the landlord or tenant will fix or revise, as the
case may be, the rent and other charges payable by the tenant as also fix the date from
which the revised rent becomes payable.

11. Security Deposit

Save an agreement to the contrary it shall be unlawful to charge a security deposit in
excess of three times the monthly rent. The security Deposit will be refunded to the
tenant within one month after vacation of the rental unit after making due deduction of
any liability of the tenant.

Chapter IV

Rights and Responsibilities of Landlords and Tenants

12. One set of the original Agreement to be given to the Tenant
After a Tenancy Agreement has been signed by both the landlord and tenant; the landlord
must give the original signed and registered or notarized agreement to the tenant within
fifteen days of the agreement being signed by both the landlord and the tenant in the
manner as prescribed.

13. Receipt to be given for Rent paid

(a) Every tenant shall pay rent and other charges within the stipulated period as in the
tenancy agreement or in the absence of such stipulation by the tenth day of the
month next following the month for which it is payable and in the event of default
the tenant shall be liable to pay simple interest at the prescribed rate for the period
by which the rent payment has been delayed.

(b) Every landlord will give a receipt for all payments made by the tenant on account
of rent, including penal interest; advance rent and security deposit and all other
charges or fees.

14. Deposit of Rent with Rent Tribunal

a. In case the landlord does not accept any rent or other charges or refuses to
give receipt the tenant shall send rent and other charges to the landlord by postal
money order or through A/c Payee cheque, or in any other manner as prescribed.
 b. In the event of non acceptance of rent and other charges by any mode of payment
by the landlord, the tenant may deposit rent and other charges with the Rent
Tribunal.
c. On deposit of the rent, the Rent Tribunal shall investigate and pass an order
based on facts of the case.
d. Any rent and charges not withdrawn for five years by any person entitled to
withdraw shall be forfeited by the Government.

15. Maintenance Responsibilities

(1) Subject to any agreement to the contrary, both the landlord and tenant will be
responsible for the respective repairs and maintenance as in Schedule III.

(2) In case of common facilities shared among the tenants or with the landlord the
respective responsibilities of each tenant and landlord will be specified in the
Tenancy Agreement
(3) In the event of tenants refusal to carry out schedule or agrees repairs the landlord
shall get the repairs done and deduct the amount from the Security Deposit.
(4) In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant
can get the work done and deduct the same from periodic rent.
Provided that in no case will the deduction from rent in any one month exceed 50
per cent of the agreed rent for one month.
(5) In case the unit is uninhabitable without the repairs and the landlord has refused to
carry out the required repairs, after being called upon to get the repairs done in
writing by the tenant[s], the tenant [s] will have the right to abandon the unit after
giving landlord fifteen days notice in writing or approach the Rent Tribunal.

16. Tenant to look after the Rental Unit

During the tenancy, the tenant must:
(a) not intentionally or negligently damage the rental unit or permit such damage;

(b) notify the landlord of any damage as soon as possible;

(c) take reasonable care of the rental unit and its contents and keep them reasonably
habitable having regard to their condition at the commencement of tenancy and
the normal incidence of living.

17. Entry with Notice

(a) A landlord or the Property Manager may enter a rental unit in accordance with
written notice given to the tenant at least 24 hours before the time of entry under the
 following circumstances:
(i) to carry out repairs or replacement or do or get done work in the rental unit;

(ii) to carry out an inspection of the rental unit for the purpose of determining
whether the rental unit is in a habitable state;

(iii) for any other reasonable reason for entry specified in the Tenancy Agreement.
(b) The written notice will specify the reason for entry, the day and time of entry
between the hours of 7.00 A.M. to 8.00 P.M.

18. Information about the property Manager

In case the landlord has hired a Property manager, the landlord must provide tenant the
following information:

(a) Property Manager‟s name

(b) The fact that he is agent of the landlord and employed by the landlord

(c) If the Property Manager is a Company, name of the company employee

who can be contacted in relation to the residential tenancy agreement.

19. Role and Responsibilities of Property Manager

The functions of the Property Manager may include the following:

(a) collection of rent against receipt;

(b) getting essential repairs done on behalf of the landlord;

(c) inspection of the rental unit from time to time;

(d) Giving notices to tenant [s] for (i) proper maintenance of the rental unit, (ii)
delay in payment of rent; (iii) revision of rent; (iv) vacation of rental unit; (v)
renewal of tenancy;

(e) Help in resolution of disputes among tenants and between landlord and tenant
[s];

(f) Other matters relating to Tenancy.

20. Cutting off or withholding essential services

(1) No landlord or tenant by himself or through any person shall cut off or withhold
any essential supply or service in the rental unit occupied by the tenant or the
landlord.
(2) In case of contravention of provisions of subsection (1) and on an application from
the tenant or the landlord, as the case may be, the Rent Tribunal after examining the
matter may pass an interim order directing the restoration of supply of essential
 services immediately pending the inquiry.
(3) The Rent Tribunal may also levy a penalty on the person responsible for cutting off
or withholding the essential supply, which may extend to fine of one hundred
rupees for each day commencing on the date of cutting off or with holding essential
supply or service till, the date the essential supply or service is restored.___.
(4) The Rent Tribunal may direct that compensation be paid to the landlord or tenant if
it finds that the application was made frivolously or veraciously.
Explanation:- Essential services include supply or water, electricity, lights in
passage, lifts and on staircase, conservatory and sanitary services.

Chapter V
Termination of Tenancy by the Landlord or Tenant

21. Termination of Tenancy only in accordance with the Act

A Tenancy shall be terminated only in accordance with the Act in the following manner:

(1) Landlord shall give a notice of 3 months to the tenant if:

(a) The landlord bonafidely requires possession of rental unit for the purpose of
residential occupation by (i) the landlord; (ii) Landlord‟s spouse; (iii) a child
or parent of the landlord;

(b) The landlord requires possession of rental unit in order to (1) demolish it (ii)
convert it to some other use or (iii) do repairs or renovation that require vacant
possession of the unit.
(2) The landlord shall give a notice of 15 days to terminate the tenancy if the tenant:

(a) has not paid rent for two months consecutively;

(b) has sublet the premises without permission of the landlord;

(c) caused substantial damage to the rental unit;

(d) caused nuisance or annoyance to the neighbors;

(e) used the premises for illegal or immoral purposes.

(f) violated any condition set in the Tenancy Agreement

(3) The tenant shall give a notice of two months or two months‟ rent in lieu of notice, to
the landlord to terminate the tenancy in case the tenancy is for more than a year or one
month‟s notice or one month‟s rent in lieu of notice in case the tenancy is for less than
a year.
 (4) In case of fixed period tenancy, the tenancy is terminated at the end of the fixed
period and no notice is required to be served to the tenant to vacate the rental unit.

(5) In case of tenancies of more than five years the landlord may serve a notice of six
months to the tenant during the term of tenancy, to vacate the rental unit, at the end of
notice period, without giving any reason to terminate the tenancy.
Provided that the notice does not require the tenant to vacate during a fixed term
tenancy.
(6) In case the rental unit was given to the tenant for use as residence by reason of his
being in the service or employment of the landlord, the tenancy will terminate when
the tenant ceases to be in such service or employment.

22. Notice to be given for Termination

(1) If a notice of termination is given in accordance with this Act and the tenant vacates
the rental unit in accordance with the notice, the tenancy is terminated on the date set out
in the notice.

(2) A notice of termination need not be given if a landlord and tenant have agreed to
terminate the tenancy or if the tenancy is for a fixed period

(3) The notice of termination shall include: (a) identification of rental unit for which the
notice is given; (b) state the date on which the tenancy is to terminate and (c) be signed
by the person [s] giving the notice.
(4) If the notice is given by the landlord, it shall also set out the reasons relating to
termination and inform the tenant that:
(a) If the tenant vacates the rental unit in accordance with the notice, the tenancy
terminates on the date set out in the notice;
(b) If the tenant does not vacate the rental unit, the landlord may apply to the Rent
Tribunal for an order terminating the tenancy and evicting the tenant; and
(c) If the landlord applies for an order the tenant is entitled to dispute the
application.

23. Right of landlord to recover immediate possession in certain cases

(1) Notwithstanding anything to the contrary contained in this Act or any other law
for the time being in force or in any contract or usage,-

(a) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be
entitled to take immediate possession of a residential building , if he,-
(i) is or was a member of any armed forces or paramilitary forces of the Union
and aforesaid petition is filed within one year, prior to or subsequent to the date
 of retirement, release or discharge, as the case may be, or within a period of one
year from the date of commencement of this Act, whichever is later;

(ii) is or was an employee of the Central Government or the State Government or

a local body or a corporations owned or controlled by the Central or the State
Government or regular employee of private limited company and files the
aforesaid petition within a period of one year prior to or subsequent to the date
of his retirement (which includes voluntary and compulsory retirement or
cessation of service for any reason) or within a period of one year from the date
of the commencement of this Act, whichever is later;
Provided that the landlord referred to in sub clauses (i) and (ii) shall be entitled to
take immediate possession of a non-residential building also to carry out any
commercial activity for himself. If the landlord has more than one non-residential
building in the same urban area, he will be entitled to take possession of only one
of such buildings, which he opts for;

(iii) has become a senior citizen and files the aforesaid petition after the expiry
of three years from the date of letting out o building

(b) the spouse of such landlord as referred to in sub-clauses (i), (ii) of clause (a),
shall on a petition being filed in this behalf in the Rent Tribunal, be entitled to take
immediate possession of the residential building, if the petition is filed by within a
period of one year after the death of such member the spouse or within a period of
one year from the date of commencement of this Act, whichever is later;
(c) after the death of a landlord, his spouse shall, on a petition being filed in this
behalf in the Rent Tribunal, be entitled to recover immediate possession of the
residential building, if the petition is filed by her within a period of one year from
the date of death of the landlord.
(2) Where the landlord has let out more than one building, the petition under sub-
section (1) shall be maintainable in respect of one rented building only to be chosen
by the landlord and petition under sub-section (1) shall be maintainable only if the
petitioner is not residing in his own building in the same municipal area.
(3) Where a landlord, after letting out his building on the ground floor, has incurred
such permanent disability due to which he is unable to use staircase and requires the
ground floor building for his own residence, he shall, on a petition being filed in this
behalf in the Rent Tribunal, be entitled to recover immediate possession of such
ground floor building on his furnishing a certificate from duly constituted Medical
Board of a Government Hospital about such a permanent disability and on satisfying
the rent Tribunal that he has no suitable residential building of his own on ground
 floor in his possession in the same municipal area:
Provided that if a tenant is prepared to vacate ground floor building in exchange of
building in occupation of landlord on the upper floor, the Rent Tribunal shall pass
order of immediate possession in favour of landlord only on the condition that the
landlord shall make available proportionately equal portion of the building in his
occupation on the upper floor to the tenant on such terms and conditions as may be
fixed by the Rent Tribunal.
(4) Where the landlord has taken possession of the building under this section, he
shall be prohibited from letting out the same to any other person within a period of
three years and in case the building is let out, the tenant shall be entitled for
restoration of possession on an application moved by him before the Rent Tribunal
and the Rent Tribunal shall dispose of such application expeditiously and the
procedure as laid down in section 20 shall -mutatis mutandis apply.
Explanation.-For the purpose of this section the expression “landlord" shall mean the
owner of the residential building.

24. Vacant Possession to the Landlord

In case the tenancy is terminated by notice, agreement or order, the landlord will have
the right to vacant possession of the rental unit.

25. Successor in title to Landlord

A person other than a landlord who would be entitled to possession (either by purchase
or by succession or by any other reason) of the rental unit shall notify the tenant as soon
as practical after becoming so entitled that the person would be entitled to possession and
that the person who was landlord is no longer landlord and that the tenancy will continue
on same terms and conditions as in the existing Tenancy Agreement with the previous
landlord.

26. Compensation in case of non-vacancy

A landlord is entitled to compensation of double the monthly rent for the use and
occupation of a rental unit by a tenant who does not vacate the unit after his tenancy has
been terminated by order, notice or agreement.

27. Notice for Inspection in case of Sale

If the Landlord intends to sell the rental unit, he shall give the tenant notice of 14 days
before the rental unit is to be made available for inspection of prospective buyers.

28. Refund of Advance Rent

 Refund of Advance Rent by Landlord where a tenant vacates the premises on a notice
given by the landlord under Section 21(1) or Section 21(2)(b) to (f), and the landlord has
received rent or any other payment in advance from the tenant, he shall before recovery
of possession, refund to the tenant such an amount after deducting the rent and other
charges due to him within one month of termination of tenancy.

29. Payment of Rent during eviction proceedings

In any proceeding for termination of tenancy by the landlord on any ground, the tenant
contests the claim for eviction, the landlord may, at any stage of proceedings, apply to
the Rent Tribunal to direct the tenant to pay to the landlord rent payable as under
Sections 8 and the Rent Tribunal may order the tenant to make such payment regularly to
the landlord by 10th of the month and all other charges due from the tenant along with
penal charges if any, due to delay in payment of the same.

30. Duties of tenant and landlord

(1) The landlord shall be bound to keep the building under tenancy wind-proof and
waterproof and, subject to any contract in writing to the contrary carry out periodical
white –washing and repairs;

(2) Subject to any contract in writing to the contrary, no tenant shall, whether during
the continuance of the tenancy or after its determination demolish any improvement
effected by him in the building or remove any material used in such improvement,
other than any fixture of a movable nature;

Explanation- The expression „material used in such improvement‟ includes the wiring
of an electrical fitting or a pipe pertaining to any water connection;

(3) The landlord shall give to the tenant a receipt for rent payable to and received by
him duly signed by him or his property manager.
(4) landlord shall be responsible for all major structural repairs required de to effects
in construction aging of the house;

(5) the tenant shall be responsible for day-to-day maintenance and repairs
(6) on termination of tenancy, tenant shall restore the building in as good a condition
as it was at the time of entry;
(7) Notwithstanding anything contained in any other law for the time being in force
relating to a local authority, the tenant shall have the right to get water connection,
electric connection and sanitary fittings installed in the building under his tenancy at
 his own cost, and the provisions of sub-section(2) shall apply in relation every such
installation;

(8) in the absence of any written agreement, essential repairs in a year involving
expenditure upto 5% of the annual rent shall be carried out by the tenant at his own
cost and essential repairs involving expenditure in excess of 5% of the annual rent shall
be carried out by the landlord on receiving notice from the tenant:

Provided that where the landlord neglects to undertake essential repairs within a period
of fifteen days from the date of receipt of notice, the tenant shall be at liberty to move
the Rent Tribunal for permission to undertake the repairs, along with estimate of such
repairs, and where permission is granted by the Rent Tribunal, it shall also pass orders
with regard to the recovery of such cost from the landlord by setting off the amount
against the rent payable by the tenant.

(9) Every landlord shall provide the particulars of a new tenant entering in possession
on or after the commencement of this Act, to the local police station within thirty days
from the date of commencement of new tenancy.
Provided that in relation to the existing tenancies if the landlord has not provided the
particulars of the tenant to the local police station earlier then within thirty days from
the date of commencement of the Act the local police station shall be provided with the
particulars of the tenant by the landlord.
(10) If a landlord fails to inform the local police station as provided under clause (9)
of this section he may be punished with fine which may extent to five thousand rupees
or an amount equal to three months rent which ever is more.

Chapter VI

Rent Tribunals
31. Constitution of Rent Tribunal
(1) The State Government may, by notification, shall constitute such number of Rent
Tribunals and at such places as may be deemed necessary by it.

(2) Where two or more Rent Tribunals are constituted for any area, the State
Government may, by general or special order, regulate the distribution of business
among them.
(3) A Rent Tribunal shall consist of one person only (hereafter referred to as the
Presiding Officer) to be appointed by the State Government in consultation with the
High Court.
 (4) The presiding officer shall be from amongst officers who is or has been member of
u.p. provisional Judicial services, Indian Administrative Services, Provincial Civil
Services, other State or Central services having experience of court work as
Presiding Officer.

(5) The State Government may authorize the Presiding Officer of one Rent Tribunal to
discharge the functions of the Presiding Officer of another Appellate Rent Tribunal
also.
(6) The terms and conditions of the services of Presiding officer and other staff of the
Rent Tribunal shall be such as may be prescribed.

32. Constitution of Appellate Rent Tribunal

(1) The State Government shall by notification, constitute such number of Appellate
Rent Tribunals and at such places as may be deemed necessary by it.

(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State
Government may, by general or special order, regulate the distribution of business
among them.
(3) An Appellate Rent Tribunal shall consist of one person only (hereafter referred to as
the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the State
Government in consultation with the High Court.

(4) The Presiding officer shall be appointed by the State Government from the amongst
officers who is or has been a member of U.P. Provincial Judicial Services, Indian
Administrative Services, Provincial Civil Services or any other State or Central Service
having experience of Court work as Presiding Officer for at least 15 years..

(5) The State Government may authorize the Presiding officer of the Appellate Tribunal
to discharge the functions of the Presiding Officer of another Appellate Rent Tribunal
also.
(6) The terms and conditions of the services of Presiding officer and other staff of the
Appellate Rent Tribunal shall be such as may be prescribed.

33. Jurisdiction of Rent Tribunal and Appellate Rent Tribunal

Notwithstanding anything contained in any other law for the time being in force, in the
areas to which this act extends, only the Rent Tribunal and no civil court shall have
jurisdiction to hear and decide the petitions relating to disputes between landlord and
tenant and matters connected with and ancillary thereto covered under this Act including
 tenancies and premises covered under Section 3 of this Act and those covered under the
Transfer of Property Act, 1882 (4 of 1882).

Provided that Rent Tribunal shall, in deciding such petitions relating to

tenancies and premises covered under section 3 of this Act or those covered under the
Transfer of Property Act have due regard to the provisions of Transfer of Property Act,
1882 (4 of 1882), the Indian Contract Act, 1872 (9 of 1872) or any other substantive law
applicable to such matter in the same manner in which such law would have been applied
had the dispute been brought before a Civil Court by way of suit.

Provided further that nothing contained in this Act shall be deemed to

empower the Rent Tribunal to entertain a petition involving such dispute between
landlord and tenant to which provisions of the Uttar Pradesh Public Premises
( Eviction of Unauthorised Occupants) Act, 1972 ( U.P. Act No. 22 of 1972), apply,

34. Procedure of Rent Tribunal and Appellate Rent Tribunal

(1) Subject to any rules that may be made under this Act, the Rent Tribunal and the
Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code
of Civil Procedure 1908 (5 of 1908) but shall be guided by the principle of natural
justice and shall have power to regulate their own procedure.

(a) The landlord or tenant may file the petition before the Rent Tribunal
accompanied by affidavits and documents if any.

(b) The Rent Tribunal then shall issue notice to the opposite party, accompanied by
copies of petition, affidavits and documents

(c) The opposite party will file a reply accompanied by affidavits and documents,
if any, after serving a copy of the same to the petitioner.

(d) The petitioner may file a rejoinder, if any, after serving the copy to the opposite
party
(e) The Rent Tribunal will then fix a date of hearing and may hold such summary
inquiry as it deems necessary.

(2) In every case before the Rent Tribunal and the Appellate Rent Tribunal the
evidence of a witness shall be given by affidavit. However, the Rent Tribunal and
the Appellate Rent Tribunal, where it appears to it that it is necessary in the interest
of justice to call a witness for examination or cross-examination and such witness
can be produced, may order attendance for examination or cross examination of
such a witness.
 (3) Every notice shall be served through process server of the Tribunal or Civil Court
as well as by registered post acknowledgement due or through any other method as
may be prescribed; notice duly served by any of these methods shall be treated as
sufficient notice.

(4) Every petition or appeal, so far as possible shall be in the model forms as
prescribed.

(5) The Rent Tribunal shall not ordinarily allow more than three adjournments at the
request of a party throughout the proceedings and in case he decides to do so, he
shall record the reasons for the same in writing and order the party requesting
adjournment to pay the reasonable cost.

(6) The time period within which the Tribunal shall decide the petition shall be as
follows:

(a) All petitions under sections 8 and 9 for fixation or revision of rent shall be
decided within 90 days from the day of filing of appeal by the tenant or
landlord with the Rent Tribunal.
(b) All petitions under clauses (a), (b) of section 21(1) will be decided within 90
days of application to the Rent Tribunal
(c) Petitions under 21(2) will be decided within 60 days of application to the Rent
Tribunal.
(d) All petitions under Section 20(2) will be decided within 15 days of filing of
application by the landlord or the tenant[s].

35. Powers of Rent Tribunal and Appellate Rent Tribunal

(1) The Rent Tribunal and the Appellate Rent Tribunal for the purpose of discharging
their functions under this Act, shall have the same powers as are vested in a Civil
Court under the Code of Civil Procedure 1908 (5 of 1908) for the purposes of:
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of document;

(c) issuing commission for examination of witness or documents;

(d) issuing commission for local investigation;

(e) receiving evidence on affidavits;

(f) dismissing an application or appeal for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application or appeal for default or
 any other order passed by it ex parte;
(h) for the execution of its orders and decisions under this Act like decree of a civil
court without reference to any civil court;
(i) reviewing its orders and decisions;

(j) any other matter which may be prescribed.

(2) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall be deemed to
be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose
of section 196 of the Indian Penal Code 1860 (45 of 1860) and the Rent Tribunal and
the Appellate Rent Tribunal shall be deemed to be a Civil Court for the purposes of
sections 195 and chapter XXVI of the code of Criminal Procedure 1973 (2 of 1974).

(3) For the purpose of holding an inquiry or discharging any duty under this Act, the Rent
Tribunal may

(a) after giving not less than twenty four hours notice in writing, enter and inspect or
authorize any officer, subordinate to him, to enter and inspect, any premises at
anytime between sunrise and sunset;
(b) by written order, require any person to produce for his inspection such books or
documents relevant to the inquiry, at such time and at such place as may be
specified in the order.

(4) The Rent Tribunal may, if he thinks fit, appoint one or more persons having special
knowledge of the matter under consideration as assessor or valuer to advise him in the
proceeding before him.
(5) Any clerical or arithmetical mistake in any order passed by the Rent Tribunal or any
other error arising out of any accidental omission may, at any time, be corrected by the
Rent Tribunal on an application received by him in this behalf from any of the parties or
otherwise
(6) The Rent Tribunal may exercise the powers of a Judicial Magistrate for the recovery of
the fine under the provisions of the Code of Criminal Procedure 1973 (2 of 1974) and
the Rent Tribunal shall be deemed to be a magistrate under the said code for the
purposes of such recovery.
(7) An order made by a Rent Tribunal or an order passed in appeal or revision or review
under this chapter shall be executable by the Rent Tribunal as a decree of a Civil Court
and for this purpose, the Rent Tribunal shall have the powers of a Civil Court.

(8) The Rent Tribunal may set aside an order passed ex parte if the aggrieved party files an
application and satisfies him that notice was not duly served or that he was prevented by
any sufficient cause from appearing when the case was called for hearing.
(9) Save as otherwise expressly provided in this Act, every order made by the Rent
Tribunal shall, subject to decision in appeal, be final and shall not be called in question
in any original suit, application or execution proceedings.
(10) The Rent Tribunal shall have the power to effect conciliation between the parties in any
case pending before it.

36. Appeal, Revision and Review

(1) From every final order passed by the Rent Tribunal, an appeal shall lie to the
Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises
is situated and such an appeal shall be filed within a period of thirty days from the
date of final order along-with copy of such final order.

(2) The Appellate Rent Tribunal, upon filing an appeal under subsection (1) shall serve
notice, accompanied by copy of appeal to the respondent and fix a hearing not later
than 30 days from the date of service of notice of appeal on the respondent and the
appeal shall be disposed of within a period of one hundred and twenty days from
the date of service of notice of appeal on the respondent
(3) Where the Appellate Rent Tribunal considers it necessary in the interest of arriving
at a just and proper decision, it may allow filing of additional affidavits or
documents at any stage of the proceedings in appeal.

(4) The Appellate Rent Tribunal may, in its discretion pass such interlocutory order
during the pendency of the appeal, as it may deem fit.

(5) While deciding the appeal, the Appellate Rent Tribunal after recording reasons
therefore:

(a) Confirm, vary, set aside, reverse or modify the order passed by a Rent
Tribunal;

(b) If necessary, in the interest of justice, remand the case to the Rent Tribunal
along-with such direction as it may deem fit;
(c) The decision of the Appellate Rent Tribunal shall be final and no further appeal
or revision shall lie against the order.

(6) On application of any of the parties and after notice to the parties and after hearing
such of them as have desired to be heard, or of its own motion without such notice,
the Appellate Rent Tribunal may at any stage transfer any case from one Rent
Tribunal to any other Rent Tribunal for disposal.

(7) Where any case has been transferred under subsection (6) the Rent Tribunal to
whom the case has been transferred, subject to any special direction in the order of
transfer, proceed from the stage at which it was transferred.
37. Execution of the order
(1) The Rent Tribunal shall, on application of any party, execute in the manner
prescribed, a final order or any other order passed under this Act by adopting any
one or more of the following modes namely:

(a) attachment and sale of the movable or immovable property of the opposite
party;

(b) attachment of any one or more bank accounts of the opposite party and
satisfaction of the amount of order to be paid from such account;

(c) Attachment of salary and allowances of a government servant or employee of

any nationalized bank, local authority, corporation, government company;

(d) Appointing any advocate as commission on such remuneration as may be fixed

or deputing any officer of the Tribunal or local administration or local body for
the execution of the order;
(e) Delivery of possession of the rental unit to the person in whose favour the
decision has been made.
(2) The Tribunal may, in order to execute the final order or any other order passed
under this Act, require the help from the local administration or local body or the
police.

(3) The Rent Tribunal shall conduct the execution proceedings in relation to a final
order or any other order passed under this Act in summary manner and dispose of
the application for execution made under this section within thirty days from the
date of service of notice on opposite party.

Chapter VII
Miscellaneous

38. Jurisdiction of civil court barred in respect of certain matters

Save as otherwise provided in the Act, no civil court shall entertain any suit or
proceeding in so far as it relates to fixation of rent payable and matters incidental thereto
or to any other matter which the Rent Tribunal is empowered by or under this Act to
decide and no injunction in respect of any action taken or to be taken by the Rent
Tribunal under this Act, shall be granted by any civil court.

39. Court Fees

(1) The provisions of the court fees Act 1870 shall apply in respect of applications and
appeals to be presented before the Rent Tribunal.
(2) The applications for recovery of possession made to the rent Tribunal and the
 memorandum of appeals presented before the Tribunal shall be treated as suits
between the landlord and the tenant for the purposes of computation of court fees.

40. Rent Tribunals to be Public Servants

All Rent Tribunals and Appellate Rent Tribunals appointed under this Act shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code
1860 (45 of 1860).

41. Protection of Action taken in Good Faith

No suit prosecution or other legal proceeding shall lie against any Rent Tribunal or
Appellate Rent Tribunal in respect of anything which is in good faith done or intended to
be done in pursuance of this Act.

42. Transfer of Pending cases

On the commencement of this Act, all cases pertaining to the matters in respect of which
the Rent Tribunal will have jurisdiction under this Act and pending before the Rent
Controlling Authority under the State Rent Control Act or any other court shall stand
transferred to the Rent Tribunal and the Rent Tribunal shall proceed with the matter
either de novo or from the stage it was transferred.

43. Power of State Government to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the state
government may, by order, make such provisions not inconsistent with the
provisions of this Act as may appear to be necessary for removing the difficulty.
Provided that no order shall be made under this Section after the expiry of two
years from the commencement of this Act.
(2) Every order made under this Section shall as soon as may be after it is made be laid
on the table of Legislative Assembly.

44. Power to Make Rules

(1) The State Government may, by notification make rules for the purpose of carrying
out the provisions of this Act.
(2) All rules made under This Act shall be laid on the table of the legislative assembly.

45. Repeal and Savings

(1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972 shall stand repealed from the date of commencement of this Act.
(2) Notwithstanding such repeal and subject to the provisions of Sections 44, all cases
and proceedings under the said Act pending, at the commencement of this Act, shall
be continued and disposed of in accordance with the provisions of the repealed Act.
(3) However the plaintiff within a period of 180 days of coming into force of this Act
shall be entitled to withdraw any suit or appeal or any other proceeding pending
under the Repealed Act with liberty to file fresh petition in respect of the subject
matter of such suit or appeal or any other proceeding under and in accordance with
the provisions of this Act and for the purposes of limitation such petition shall if it
is filed within a period 360 days from the commencement of this Act be deemed to
have been filed on the date of filing of the suit which was so withdrawn and in case
of withdrawal of appeal or other proceedings on the date on which the suit was filed
out of which such appeal or proceeding originated.
 Schedule- I

[See sub-section (1) of section 4]

Tenancy Agreement between the Landlord and the Tenant of New Tenancies
1. Name and Address of Landlord

2. Name and Address of the Property Manager

3. Name of the Tenant/s

4. No. of Tenants in one rental unit

5. Type of Tenancy:

a. Periodic
b. Lease for a fixed period

6. Details of rental unit being rented

a. Address

b. Description of rental unit:

(i) Area

(ii) No. of rooms

(iii) Common areas

7. Other goods and services provided

a. Furnishing like fans etc.

b. Assured water supply

c. Shared facilities (if any) like bath/toilet/water with landlord or other tenants

d. Any other service provided by the landlord

8. Condition of the rental unit

a. Habitable
b. Needs some repairs

9. Maintenance responsibilities of tenants and landlords including those for common areas.

10. Duration of Tenancy:

 a. Date of beginning of Tenancy
b. Date of ending of Tenancy

11. Provision for renewal of tenancy

12. Rent as agreed during the period of tenancy ____ Rs._____

a. Periodicity of payment
b. Date by which payable

c. Payable in cash/cheque/money order

d. Paid to whom

e. Any late fee to be charged for delay in rental payment

13. Rent to remain fixed during the period of tenancy or to be revised periodically; If yes,
periodicity of revision
14. Other charges for (if any)

a. Electricity (as in lump sum or as per meter)

b. Water (as in lump sum or as per meter)

c. Local taxes
d. Other goods and services (specify)

15. Security deposit paid _____Rs.____

16. Advance Rent paid ______ Rs. _____

17. Purpose for which security deposit can be used

a. to carry out repairs of damage caused by the tenant

b. to provide for difference in rent paid and agreed

c. default in rent at the end of lease period at the time of vacation of the rental unit

d. pending electricity\ water bills and local taxes

 Schedule- II

[See sub-section (4) of section 4]

Terms of Tenancy between Landlord and Tenant of Existing Tenancies

1. Name and Address of the Landlord

2. Name of the Tenant

3. Date of commencement of Tenancy

4. Rent paid on commencement of Tenancy

5. Rent last paid prior to commencement of this Act\

6. Description of Rental Unit and Facilities:

a. Address
b. Area

c. No. of rooms
d. Furniture and Furnishings

e. Facilities provided
7. Any Security deposit paid in the beginning of Tenancy

8. Advance Rent Paid (Ys/No) If yes, Amount Paid _______

9. Details of payment of extra charges on account of

a. water
b. Electricity

c. Property tax
d. Others (specify)
 Schedule- III

[See sub-section (1) of section 16]

Division of Maintenance Responsibilities between the Landlord and the Tenant
As per Section, the landlord will be responsible for repairs relating to matters falling under
Part A and the tenant shall be responsible for matters falling under Part B.

Part A
Structural Repairs to be got done by the Landlord
1. Structural Repairs except those necessitated by the damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows.

3. Changing plumbing pipes when necessary

4. Internal and external electrical wiring and related maintenance when necessary

Part B
Day-to-Day repairs to be got done by the Tenant
1. Changing of tap washers and taps
2. Drain cleaning
3. Water closet repairs
4. Wash Basin repairs
5. Bath tub repairs
6. Geyser repairs
7. Circuit breaker repairs
8. Switches and socket repairs
9. Repairs and replacement of electrical equipment except major internal and external wiring
change
10. Kitchen fixtures repairs
11. Replacement of knobs and locks of doors, cupboard windows etc.
12. Replacement of flynets
13. Replacement of glass panels in windows, doors etc.
14. Maintenance of gardens and open spaces let out to the tenant.

***************
 CHAPTER-III

COMMENTS/SUGGESTIONS

ON THE PROPOSED
“THE UTTAR PRADESH
BUILDINGS
(REGULATION OF
LETTING, RENT AND
EVICTION) BILL, 2018”

AS SENT BY THE DEPARTMENT

OF HOUSING AND URBAN
PLANNING, GOVT. OF U.P.
 CHAPTER-III

COMMENTS/SUGGESTIONS ON THE PROPOSED “THE UTTAR

PRADESH BUILDINGS (REGULATION OF LETTING, RENT AND
EVICTION) BILL, 2018 AS SENT BY THE DEPARTMENT OF
HOUSING AND URBAN PLANNING, GOVT. OF U.P.

The opinion/suggestions have been sought by the Housing and

Urban Planning Department, Government of U.P. regarding proposed
Bill. The Commission has given thoughtful consideration on the Draft
dated 18.06.2018.
Generally speaking, legislation is the normal means by which the
government is able to govern. In fact, so institutional is legislation to
government that, however well-devise, no government could last long
without the power to make laws for the good order and governance of a
particular jurisdiction in accordance with social, economical and political
exigencies. It may indeed be said that legislation and government are
complementary aspects of the same social process. However little a part
it plays, legislation is still an important, if not a critical, aspect of the
process of modern government. The so-called primitive societies which
did not have formal legislatures understood law and order through their
taboos and customs.
By legislation policies are transformed into enforceable laws. The
government enacts positive laws of a creative kind with the intention of
bringing about a new condition, a new power, a new set of circumstances.
The intention is to generate something that was not there before or could
not be done or achieved by the law as it was. In this way, the government
moves the country or stops it from moving in a particular direction
perceived by the government as either desirable or undesirable. In the
same way, new social relations are created and the scope of activity of the
individual is widened or narrowed. In many instances government enacts
laws in reaction to social situations which seemingly develop
independently or deliberately.
The amount of legislation that a government may generate to aid
itself depends upon the variety and novelty of the business it has to
accomplish. It also depends upon its belief in the efficiency of law; the
latter position is usually ideological.
Parliamentary Counsel who draft the Bills for a government should
have due regard to, and respect for, the principles which govern the
means of communication-that is language. Each language has its own
conventions. Each language has its own nuances. An adherence to these
conventions and nuances is the essence of an effective communication; it
is a discipline in itself.
The basis unit of the language is the sentence. A sentence is an
arrangement of words in such a manner that some thought or idea is
conveyed to the person to whom the sentence is addressed. Where the
arrangement of the words is lucid and is the appropriate order a particular
meaning is conveyed. Where there is an inappropriate arrangement of
words an ambiguity may be created. The meaning intended to be
conveyed is not clear. That will not do for a command, a prohibition,
which is what the law-statute law-seeks to do.
An understanding of the principles of grammar is absolutely
necessary. The language of legislation may be peculiar but it need not be.
Legislative drafting does not have its own peculiar rules of grammar or
of syntax. An appreciation of the language of the law is essential to the
work of Parliamentary Counsel. They must have a sufficient knowledge
of the principles of law generally and of the laws of their particular
jurisdiction.
In the light of the aforesaid principles of legislation, the
comments/suggestions of the Commission are as follows:-
1. From the perusal of the draft, it appears that the extent of the Act is
for the municipal areas which are comprising the District Head Quarters
in the State. All the District Head Quarters of the Stare are in urban areas.
Therefore, in the long title as well as short title, the word “Urban” should
be inserted in between the words “Uttar Pradesh” and “Buildings”.

2. In Section 2 (b) the words “State Rent Control Act” have been
used. In the opinion of the Commission, these words should be
substituted by “Uttar Pradesh Urban Buildings (Regulation of Letting,
Rent and Eviction) Act, 1972 ( U.P. Act No. 13 of 1972)

3. In the definition clause, in section 2(c), the definition of landlord

should be much wide so as to include the property manager, agent,
trustee, guardian or attorney of such landlord.

4. Because the property manager has already been proposed to be

included in the definition of landlord in Section 2(c), therefore the
property manager as proposed in Section 2(h) need not be defined.

5. In Section 2(i) the words “Property Manager” should be deleted

because the definition of landlord already includes it.

6. Regarding definition clause 2(k) in which rental unit has been

defined, it is submitted that only residential use has been included. The
commercial use or use of a building or part of building for non-residential
use i.e. store room, garages, out-houses, parking etc. have not been
included.
 From the perusal of the Draft, it appears that the intention of the
draft man is to cover only residential units. Nothing has been said
regarding non-residential and commercial tenancies. It appears to be a
greatest lacunae of this drafting and if under the proposed draft, the non-
residential building and commercial building is not covered, then it is not
clear as to under which law the non-residential building including
commercial building shall be governed. As far as existing Act 13 of 1972
is concerned, it covers both residential and non-residential roofed
structure. The experience has shown that there is much litigation
regarding the commercial use of building because the rent is very meagre
while the proceeds to the tenant are very high. Therefore, in the opinion
of the Commission, non-residential roofed structure as well as
commercial buildings should also be covered under the proposed draft
and necessary alterations and additions in the draft have to be made. No
doubt, it shall be the prerogative of the administrative department to
cover the non-residential and commercial buildings in the proposed draft
or to make a separate law on that point. It is also necessary in view of
provision of Section 45 of the draft, which provides that the Uttar Pradesh
Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
shall stand repealed from the date of commencement of this Act. If the
Act No. 13 of 1972 is proposed to be repealed by this Draft Bill, then the
fate of non-residential roofed structure as well as commercial buildings
may hang in the sky which is not advisable.

7. In the definition clause, Section 2(m), the tenant has been defined
which also includes sub-tenant. On the one hand, in Section 7 of the
draft, the sub-tenancy has been prohibited and it has been made a
punishable offence. Moreover, it has also been made a ground for
eviction. The experience has shown that there has been much litigation on
the point of subletting and Hon‟ble the Supreme Court has also in
Jagdish Prasad vs. Smt. Angoori Devi (2017) 15 SCC 230 has
enumerated principles regarding eviction of tenant on the ground of
subletting. In the opinion of the Commission, the subletting even with
the alleged consent of the landlord should be prohibited and, accordingly,
in this definition clause, the sub-tenant should not be included.

8. In Section 3, exemptions have been provided regarding certain

buildings. These exemptions are required to be much more exhausted. It
is prevalent in the society that the plots or the buildings are used for
letting for factories, industries, cinema , multiplex and theatre, public
entertainment and amusement, like sport stadium. Therefore, such
buildings should also be exempted.

In the same way, there are various societies and companies which
provide housing accommodation to its officers or servants during the
course of their employment and as soon as the employment is ceased, the
officers or servants of the Company or Firm are required to vacate such
building and it has also been experienced that the workers or employees
do not vacate housing accommodation of the Company or the Firm after
termination of his job, may be in the natural course or due to some
disciplinary proceeding and the litigation starts between the two.
Therefore, such buildings should also be exempted from the ambit of the
Act.

It is also necessary to exempt such premises let out to Banks,

Public Undertakings, Corporations, Multi-National Companies, Foreign
Embassies and International Organizations or to a Citizen of Foreign
Country because if such institutions and persons are not exempted from
the provisions of this Act, then unnecessary litigation shall take place.
 In the existing Act, the buildings constructed after 26th April, 1985
are exempted for a period of forty years. To promote the building
activities and infrastructure, it is necessary to exempt such buildings for a
definite period, say, thirty years or forty years. In the same way, in the
existing Act, any building whose monthly rent exceeds Rs. 2000/- is
exempted w.e.f. 26.09.1994 by way of U.P. Act No. 5 of 1995. In the
opinion of the Commission, it appears that looking into all circumstances,
such buildings whose monthly rent exceeds Rs. 10,000/- should be
exempted from the operation of the present draft Bill. In nutshell,
exemptions which are available in the Act 13 of 1972 must be maintained
so as to minimize the litigation.

9. In Section 4 of the draft, there is provision for Notification of

Tenancy. It has been provided in the draft that such tenancy agreement
will be registered or notarized with the Notary Public. It is violative of
provisions of Section 17 of the Registration Act, 1908 (Act No. 16 of
1908) because Section 17 of the said Act provides that when there is a
tenancy exceeding twelve months, it shall be registered under the
provisions of the Act and on which the stamp duty is also payable. In
these circumstances, if any tenancy agreement, the period of which
exceeds twelve months, should be compulsorily registered and it is the
option of the landlord and tenant to get registered a tenancy agreement if
it is even for a lesser period. Section 4(1) of the draft bill starts with non
obstante clause, meaning thereby having overriding effect of any other
law for the time being in force. The State Legislature has no power to
override the provisions of any Central Act unless it is in the concurrent
list of Seventh Schedule of the Constitution. However, for the tenancies
of less than twelve months, such tenancy agreement may be notarized.
The same position is applicable to Section 4(2) and Section 4(4). In
Section 4(1), two copies of the tenancy agreement are required to be
made in original. In the opinion of the Commission, for the words “two
copies” the words “two sets” may be used. In Section 5(2) of the draft
Bill, option has been given to tenant for renewal or extension of the
tenancy. In the opinion of the Commission, this option should be given
to both the parties. Sub clause (3) of Section 5 may create a problem to
the landlord because it presumes the automatic renewal of the tenancy on
month to month basis. In the opinion of the Commission, if the tenancy
for a fixed term either does not get it renewed or extended, then the
tenancy must be deemed to have been terminated and the tenant must be
liable for immediate eviction.

10. Provisions of Section 5(4) and Section 6 are to some extent vague.
There is provision for inheritability of existing tenancies in Section 6 but
no such inheritance has been provided for a tenant regarding tenancy
entered into after enforcement of this Act. It may create some practical
problem also. Suppose there is a tenancy for one year and the tenant dies
in the last week of the twelve months, then , as per the provisions of
Section 5(4), the tenancy will continue till the end of tenancy period. The
heirs of the tenant may face practical difficulty. Section 5(4) is also in
contravention of Section 2(m) in which the successor has been included
in the definition of the tenant. When no succession has been provided for
the tenancies created after the enforcement of proposed Act, then there is
no need to keep the successor in the definition of the tenant. In the
opinion of the Commission, some fixed period must be mentioned in the
contingency of the death of the tenant which may provide either fresh
lease by the successors in their individual capacity or the option to vacate
the building within six months of the death of tenant. In Section 6 of the
draft Bill, the inheritability of existing tenancy has been defined and in
sub clause (b), the word „Children‟ has been mentioned. The word
„Children‟ is vague and it is not clear as to children of the original tenant
or grand-children or even the minor children are also included or not. In
the opinion of the Commission, widowed or the divorced sister of the
tenant should also be included in the lease of the successors and in the
proviso to Section 6, “dependency” on the deceased-tenant should also be
a conditions precedent for the successors to succeed the tenancy.

In the same way, the provision should be clarified regarding non-

residential building because if the building has been let out to a firm, then
certainly it should devolve upon the partners of the firm and not to the
natural successors of the tenant. As has been mentioned earlier that non-
residential buildings should also be covered under the provisions of this
Act and necessary amendments at different places may be made.

11. The subletting as discussed above opens various doors of litigation to

the landlord. In the opinion of the Commission, there should be complete
restriction on the subletting even with the consent of the landlord. If
situation of subletting arises, then independent tenancy should be created
in favour of proposed sub-lettee.

12. Sections 8, 9 and 10 deal with rent and revision of rent. There is no
problem regarding tenancies which have been entered into on or after
commencement of this Act because for every tenancy the agreement has
to be made in writing but as far as existing tenancies are concerned, in
majority of cases there is no written agreement. If the landlord proceeds
to revise the rent in view of Section 9 of the draft Bill that will certainly
open the door of dispute with the tenant because neither any formula nor
any criteria has been laid down in Sections 9 or 10 to revise the rent.
There has been much litigation regarding standard rent under the U.P. Act
13 of 1972. Certainly, if the landlord is getting sufficient return of his
investment by way of rent, there may not arise any dispute between the
landlord and tenant. But it is universal truth that the value of rupees is
falling down day-by-day and the purchasing power is also decreasing.
Moreover, the Government taxes and prices of daily needs items are
increasing day-by-day. Therefore, the rent agreed five years ago, may not
be substantive rent in the present time.

At the same time, it is also necessary to curb the malpractices of

the landlords to increase rent in an arbitrary manner. Although, the
power has been given to the Rent Tribunal but in Section 10 also, no
criteria has been laid down. Therefore, in the opinion of the Commission,
some criteria or formula which may provide for minimum or maximum
increase in the rate of rent should be provided.

Section 9(5) of the draft bill which provides that the tenant shall
not sublet a unit higher than the rent charged by the landlord. It is also in
contradiction with Section 7 as the Commission has expressed its opinion
that the subletting, transfer or assign any rights in the tenancy should be
completely prohibited.

13. In the opinion of the Commission, the provision of Section 12

regarding furnishing of copy to the tenant is not required and a clause
may be added in Section 4 of the draft Bill for supply of the copy at the
time of its execution.

14. In Section 13 of the draft Bill, a provision has been made to

provide the receipt of rent. In Section 13(a) the rate of simple interest has
not been mentioned and it has been left open for the Government to
prescribe the rate. In the opinion of the Commission, the rate of simple
interest may be mentioned as 9%.
 In the same way, tender of rent or other charges are required to be
paid by postal money order or through A/c Payee Cheque or in any other
manner as prescribed. Again the burden has been put upon the
government to prescribe the manner of payment which should be deleted.
In Section 14(a) only two modes have been provided i.e. Postal Money
Order or A/c Payee Cheque. Nowadays, Postal Money Orders are now
outdated and tendering an A/c Payee Cheque will again give rise to
litigation in case the Cheque is dishonoured. In the era of Information
Technology, various modes of payment, like, E- Transfer, RTGS, NEFT
and Paytm etc. are prevalent. Therefore, the provision should be made to
make payment either cash or directly deposit in the Bank or through
aforesaid modes. It should also be made mandatory in the rent agreement
to provide the bank details for the purpose of deposit of rent.

15. As far as provision of Section 14(b) is concerned, in the event of

non-acceptance of rent and other charges, the tenant should be required to
issue a notice to the landlord for his alleged refusal and the burden of
proof for refusal or neglect to accept the rent should be on the tenant. If
even on receipt of the notice, the rent is not received by the landlord ,
then only doors of Rent Tribunal be knocked and for moving any
application before the Rent Tribunal for deposit of rent. A procedure
should be prescribed for filing the petition which should contain all the
necessary particulars, such as, the details of the premises, rate of rent,
period of rent, name and address of the landlord or the person claiming to
be entitled to such rent and such other particulars as may be required.

16. A provision has been made in Section 14(d) regarding forfeiture of

rent by the government. In the opinion of the Commission, this provision
is contrary to the established principles of law because entitlement for the
rent is of the landlord or his successors and the government has no claim
over such rent. This clause (d) will provide unjust enrichment to the
government which is not required at all.

17. In Section 15, the maintenance responsibilities of both the landlord

and tenant as mentioned in Schedule III have been mentioned. Perusal of
Schedule III reveals that no specific period for white washing of walls
and painting of doors and windows has been provided. Just to harass the
landlord, the tenant may ask to get white washed the walls at a short
intervals. It is known fact that nowadays such paints and polishes are
available in the market which are durable for a longer period, say, four or
five years. Therefore, some fixed period should be provided in Schedule-
III Part-A Item 2. As far as other items of Part-A of Schedule-III are
concerned, it also do not appear to be practical. Section 15(1) provides
that the landlord and tenant will be responsible for respective repairs but
suppose the tenant with a view to harass the landlord causes damage to
the plumbing pipes or electrical wiring, then the landlord has to incur
expenses much more than the amount that the landlord is getting as rent.
Therefore, this provision requires change.

18. As far as sub-clauses 3 and 4 of Section 15 are concerned, some

limit should be fixed in terms of money for carrying out the alleged
repairs. Otherwise, if the repairs of heavy amount are done either by the
tenant or by the landlord, it will again give rise to unnecessary litigation.

19. As far as provisions of Section 17 are concerned, it also do not

appear to be practical because under sub-clause (a), a written notice is
required at least 24 hours before the time of entry. In the opinion of the
Commission, the relationships between landlord and tenant must be such
which should minimize the written correspondence between the parties.
If the relation between landlord and tenant is cordial, no tenant will refuse
the landlord to enter into a rental unit for inspection or otherwise.
Moreover, right should be given to the landlord to enter a rental unit
immediately if the tenant is performing any action which may damage or
deface the property. For example, if the tenant is using drill machine for
hanging the calendar, clock, curtain etc. and if as provided in Section 17
(a), 24 hours written notice, then the tenant will finish his work and the
landlord will be left with no option. Therefore, these provisions must be
drafted in such a way so as to maintain the cordial relations between
landlord and tenant.

20. As far as information about property manager is concerned as

mentioned earlier that in the definition of landlord, the trustee, guardian,
receiver, agent or any other person have been included and it should be
mentioned in the tenancy agreement that if there is any such person on
behalf of the landlord, his complete particulars must be mentioned in the
tenancy agreement and in this way there is no need of provisions of
section 18.

21. As far as role of responsibility of the property manager is

concerned, property manager has nothing to do with the provisions of this
Act. It is the agreed terms between the property manager or agent and
the landlord to perform the agreed works. Therefore, in the opinion of
the Commission, there is no need to define role and responsibilities of
the property manager in the Draft Bill.

22. The provisions of Section 20 regarding withholding of essential

services are welcomed but the fine of Rs. 100/- per day is a very meagre
amount. The Rent Tribunal should be authorized to levy a heavy penalty
as per his discretion but not exceeding Rs. 2000/- per day.
23. In Section 20(4), the provision of compensation has been made but
no criteria has been fixed for the Rent Tribunal. In the opinion of the
Commission, quantum of compensation should be specified.

24. As far as the provisions of termination of tenancy as contained in

Section 21 of the draft are concerned, in the opinion of the Commission,
one month notice is sufficient. There has been a much ocean of litigation
on the word “bonafide” and in the existing Act 13 of 1972 also the word
“bonafide” has been used. The landlord is the owner of the property and
he has invested his hard earned money in purchase of the property.
Therefore, it is a prime right of the landlord to utilize his building. It
should be the satisfaction of the landlord that he requires the tenanted
portion for himself or spouse or children or other dependent. When there
are provisions in the draft for a fixed term tenancy or month to month
tenancy and it has also been provided that if the tenancy is not renewed
either by the landlord or the tenant, then the tenancy shall stand
terminated. Invariably, in the litigation a plea is raised that the landlords
do not require the tenanted premises. It has also been experienced that
the landlord is not in a position to fetch a reasonable price of his property
if he wants to sell that but for the reason that it has been given on rent.
The tenant has option to take another property on rent at other suitable
place but the landlord, who has invested whole of his earnings, may not
be in a position to purchase another property and it may be foolish to
argue that the landlord should take some other property on rent for his
requirements or for the requirement of his spouse, children or dependent.
In the opinion of the Commission, in such a situation, priority must be
given to the landlord to use his building in a way he likes which in the
eyes of tenant may not be reasonable.
25. As far as provisions of Section 21 (2) are concerned, it appears to
be reasonable.

In Section 21(5) it is being provided that in case of tenancy of more

than five years, landlord has right to get it vacated without assigning any
reason.

In Section 21(6) at least a period of one month should be provided

after cessation of employment of the landlord and a provision should also
be made for charging rent at the rate of market rate for first three months
and double the market rate for the subsequent three months as provided in
the U.P. Public Premises Act, 1972.

26. On the one hand, draft Act is applicable for the residential building
only as per definition given in Section 2(k), but on the other hand under
Section 23 a right has been given to the landlord to recover immediate
possession of non-residential building as provided in Section 23(1)(a)(ii)
proviso. This provision is in contradiction with the other provisions of
the draft Act but as the Commission has already suggested that non-
residential building should also be included in the purview of the Act,
therefore, if the administrative department decides to take non-residential
buildings under the purview of this Act, then this provision may be
retained otherwise this provision may be struck off.

27. In Section 23(1)(a)(iii) , it has been provided that the senior citizen
can file petition after expiry of three years from the date of letting out the
building. In the opinion of the Commission, the rider of three years is not
reasonable and it should be only one year.

28. Similarly, in case of death of landlord, spouse has been debarred to

file petition for taking immediate possession for a period of one year as
provided in Section 23(1)(b) and (c). In the opinion of the Commission,
this period should be reduced to three months because after the death of
the landlord, spouse may require immediate possession.

29. In Section 26, the compensation has been provided in case of non-
vacancy. In the opinion of the Commission, the word “compensation”
should be substituted by the word “damages”.

30. The period of 14 days‟ notice as provided in Section 27 of the draft

should be reduced to 3 days in place of 14 days because whenever any
landlord wants to sell his property, prospective buyer would like to
inspect the property at the earliest so as to make up his mind. It is also
well known that there may be more than one prospective buyer and if the
time limit of 14 days‟ notice is maintained, it may cause undue hardship
to the landlord.

31. As far as provisions of Section 29 are concerned, there is no

provision for a consequence that if the tenant fails to comply with the
order of the Rent Tribunal, then what shall happen. Therefore, a proviso
should be added that in case the tenant commits default, the tenant shall
be liable for immediate dispossession.

32. In Section 30 of the draft, the duties of tenant and landlord have
been enumerated but the provision of Section 30(4) appears to be
unreasonable and for the word “major” the word “minor” should be
substituted.

33. In Section 30(7), the tenant has been given a right to get water,
electric connection and sanitary fittings in the building. In the opinion of
the Commission, prior to performing any work as provided in sub-clause
(7), a written communication to the landlord must be given.
34. Provisions of Section 30(10) appear to be unreasonable and
arbitrary because it provides a penalty upto Rs. 5000/- or an amount equal
to three months rent for failure to inform the local police about the
tenancy. This provision may even be misused by the local police station.
Therefore, this provision requires reconsideration.

35. Chapter VI deals with constitution of Rent Tribunal. Till now,

under the existing Act No. 13 of 1972, limited powers have been given to
Judiciary. After the new Code of Criminal Procedure, 1973, there has
been complete separation of powers between the executive and the
judiciary. This Chapter provides that the Presiding Officer of the Rent
Tribunal as well as Appellate Rent Tribunal may be a member of U.P.
PCS(J), IAS, PCS or other services and where there are two or more Rent
Tribunals, then the distribution of business shall be done by the State
Government by general or specific order. It may not be possible and
practical for the State Government to issue such orders time and again.
In the opinion of the Commission, the Presiding Officer of Rent Tribunal
as well as of Appellate Tribunal should be from the PCS(J) and Higher
Judicial Services only and which should be appointed by the High Court.
If the position given in Chapter VI is admitted, then it may create delay in
the appointment of PCS(J) and HJS members by the Government because
for that the consent of the High Court is required. In the opinion of the
Commission, the Rent Tribunal may be headed by the Civil Judge (SD)
and Appellate Rent Tribunal may be headed by the member of Higher
Judicial Services to be appointed by the High Court. In case it is the
intention of the State Government to appoint retired officers, then for that
a separate structure requires to be constituted which will indulge a much
amount of expenditure for which the government may not agree.
36. Section 42 deals with transfer of pending cases. This provision
requires reconsideration because the power is being given to the new
Rent Tribunal to proceed with the matter either de novo or from the stage
it was transferred. It will create a hotchpotch position regarding existing
petitions and revisions. It is also established law that a matter has to be
decided on the basis of law which was prevalent on the date of filing of
the petition. Therefore, the pending petitions cannot be decided under
the new Draft Act. Therefore, this provision requires drastic change.
This provision of Section 42 is also in contradiction with the provisions
of Section 45(2) which provides that the pending cases shall continue and
be disposed of in accordance with the provisions of the repealed Act.

37. In the Schedule-1, the parentage and permanent address of the

tenant should also be mentioned. It should contain the Photograph,
Aadhar Card Number and Bank Account details of both the parties.
Accordingly, the Schedule-II also requires changes. Regarding Schedule-
III, the infirmities have been mentioned in preceding paragraphs
regarding Section 16.

Accordingly, the Draft requires major reconsideration and changes.

The Commission has also prepared a Draft which is annexed herewith in
which the relevant provisions of Act 13 of 1972, guidelines given by
Hon‟ble Apex Court, recommendations of the 3rd and 6th State Law
Commission as well as provisions of the present Draft have also been
considered.

******
 CHAPTER- IV

PROPOSED
DRAFT
FOR

THE UTTAR PRADESH

URBAN BUILDING
( REGULATION OF
LETTING, RENT AND
EVICTION) BILL, 2018
 CHAPTER- IV
PROPOSED DRAFT
FOR
THE UTTAR PRADESH URBAN BUILDING ( REGULATION OF LETTING,
RENT ANDEVICTION) BILL, 2018
INDEX

CHAPTER

1. PRELIMINARY
 1. Short title, extent, application and commencement.
 2. Definition
 3. Exemption from operation of Act

2. REGULATION OF RENT
 4. Registration of tenancy agreement
 5. Inheritability of tenancy agreement
 6. Rent payable
 7. Revision of rent in respect of existing tenancies.
 8. Revision of Rent in respect of new tenancies
 9. Other charges payable
 10. Receipt to be given for rent and other charges paid

3. DEPOSIT OF RENT

 11. Deposit of rent and other charges by the tenant

 12. Time limit for making deposit and consequence of
Incorrect particulars in application for deposit
 13. Saving as to acceptance of rent and other charges payable.

4. REGULATION OF EVICTION
 14. Protection of tenants against eviction
 15. Right of landlord to recover immediate possession in certain cases;
 16. Restriction of sub-letting
  17. Dispute of relationship of landlord and tenant
 18. Tribunal to promote negotiated settlement of disputes
 19. Deposit and payment of rent during of rent during the pendency of
proceedings for eviction.

20. Restoration of possession of illegally dispossessed tenant.

 21. Procedure for revision of rent, eviction of tenant, recovery of immediate

possession and restoration of possession.
5. CONSTITUTION OF TRIBUNALS, PROCEDURE FOR
REVISION OF RENT AND EVICTION, APPEALAND
EXECUTION
 22. Constitution of Rent tribunal
23. Supply of copies of final order
 24. Jurisdiction of Rent Tribunal
 25. Appellate Rent Tribunal, Appeals and limitation thereof.
 26. Execution of the orders
 27. Procedure for setting aside ex-parte orders
 28. Tribunal may grant time and adjourn the hearing
 29. General power of transfer of proceedings

6. OBLIGATIONS OF LANDLORDS AND TENANTS

 30. Landlord‟s duty to keep the premises in good repair.
 31. Duties of tenant
 32. Cutting off or withholding essential supply or service
7. MISCELLANEOUS
 33. Inspection of premises
 34. Jurisdiction of Civil Courts barred in respect of certain matters.
 35. Proceedings by or against legal representatives.
 36. Procedure for bringing legal representatives on record
 37. Duty of Pleader to communicate to the Tribunal death of a party.
 38. Landlord and Tenant to furnish particular.
 39. Protection of action taken in good faith
40. Officers and employees of the Rent Tribunal exercising powers under this
Act deemed to be public servants
 41. Transfer of pending cases.
 42. Act to have overriding effect.
 43. Power to remove difficulties.
 44. Power to make rule.
 45. Repeal and Savings.
Schedule-1
 REVISED DRAFT
FOR

THE UTTAR PRADESH URBAN BUILDINGS(REGULATION OF LETTING, RENT

AND
EVICTION) BILL, 2018
A
BILL

to provide for the regulation of Letting, rent and eviction relating to premises, in the
State of Uttar Pradesh, and for matters connected therewith or incidental thereto.
IT IS HERE BY enacted in the Sixtieth-Ninth Year of the Republic of India, as
follows:

CHAPTER 1

PRELIMINARY

1. Short title, extent, (1) This Act may be called the Uttar Pradesh Urban Building ( Regulation
application and of Letting, Rent and Eviction) Act, 2018.
commencement (2) It extends to the whole of Uttar Pradesh.
(3) It shall apply to such of the municipal areas which are comprising the
District Headquarters in the State and such other city, municipality,
notified area, town area or other local areas having a population
exceeding one lac as per 2011 census.
Provided that the State Government, if it is satisfied that it is necessary
or expedient so to do in the interest of the general public, residing in
any other local area,may by Notification in the Gazette declare that
thisAct or any part thereof, shall apply to such area, and thereupon this
Act or part shall apply to such area.
 (4) It shall come into force on such date as the State Government may by
notification in the Gazette appoint.
2. Definition In this Act, unless the context otherwise requires-
(a) “Agreed rent” means the rent as defined under section 6 of the Act.
(b) “Amenities” includes supply of water and electricity, passages,
staircase, natural light, lavatories, lifts, conservancy, sanitary
services, telephone services, T.V. Cable services, internet services or
the like;
(c)“Charitable institution” means any establishment, undertaking,
organization or association formed for a charitable purpose and
includes a specific endowment;
Explanation.- for the purposes of this clause, the words “charitable
purpose” includes relief or poverty, education, medical relief and
advancement of any other object of utility or welfare to the general
public or any section thereof, not being an object of an exclusively
religious nature;
(d) “Landlord” in relation to premises, means a person or company,who, for
the time being is receiving, or is entitled to receive, the rent of any premises,
whether on his own account as owner or on account of or on behalf of, or for
the benefit of, any other person or as a trustee, guardian or receiver for any
other person, or who would so receive the rent or be entitled to receive the
rent, if the premises were let to a tenant and include his successor-in-interest.

(e) “Local authority” means a Nagar Nigam, Municipal Corporation,

Municipal Board, Notified Area Committee or Town Area committee, a
Zilaparishad, a Development Authority established under the Uttar Pradesh
Urban Planning and Development Act, 1973, or the Uttar Pradesh
AvasEvamVikasParishad established under the Uttar Pradesh
AvasEvamVikasParishadAdhiniyam, 1965;
(f) “Other charges” means charges for electricity or water consumed by the
tenant or charges for the amenities provided by the landlord or the
Residents‟ Society, in cases of apartments and its maintenance or other
charges which are payable by the tenant under the agreement;
(g) “Premises”, means any building or part of a building which is or is
intended to be, let separately for use as a residence or non-residential use
or for any other purpose and includes-
( i )the gardens, grounds, land not being used for agricultural
purposes, godowns, garages and out-houses, if any Appurtenant to
such building or part of the building
(ii) any fittings and fixtures affixed to such building or part of the
building for the more beneficial enjoyment thereof:

but does not include a room or other accommodation in a hotel,

dharamshala, inn, sarai, lodging house, boarding house or hostel;
Explanation:- In absence of a contract to the contrary, the top of the
roof shall not form part of the premises let out to a tenant;
(h) “Public building” means any premises belonging to or taken on lease or
requisitioned by or on behalf of the Central Government or a State
Government (including the Government of any other State ) and includes
any premises belonging to or taken on lease by or on behalf of any local
authority or any public sector corporation;
(i) “Public sector corporation” means any corporation owned or controlled by
the Government and includes any company as defined in the Companies
Act, 2013, in which not less than fifty percent of the paid up share capital
is held by the Government;
(j) “Recognized educational institution” means any University established by
law in India or any institution recognized under the Intermediate Education
Act, 1921 or the Uttar Pradesh Basic Education Act, 1972 or recognized or
affiliated under the Uttar Pradesh State Universities Act, 1973;
(k) “Religious institution” means a temple, math, mosque, church, gurudwara
or any other place of public worship;
(l) “Rent Tribunal” means a Rent Tribunal constituted under sub-section (1) of
section 22 of the Act and includes an Additional Rent Tribunal constituted
under Sub-section (2) of that section;
(m) “Revision of rent” means the rent is to be revised in respect of existing
and new tenancies accordingto the formula given under section 7 and 8 of
the Act;
(n) “State Government” means the Government of Uttar Pradesh;

(o) “Tenant” means any person by whom or on whose account or behalf the rent
of any premises is or, but for a special contract, would be payable, and
includes, any such person as mentioned under section 5 of this Act
continuing in possession after the termination of his tenancy,but does not
include any person to whom a license as defined in section 52 of the Indian
Easements Act, 1882 (Central Act 5 of 1882) has been granted.
3. Exemptions (1) Nothing in this Act shall apply to the following, namely:-
From operation
(a) any premises of which the Government or a local authority or a public
Of Act
sector corporation or a Cantonment Board is the landlord; or
(b) any premises belonging to or vested in a recognized educational
institution; or
(c) any premises belonging to or vested in a public charitable or public
religious institutions having legal and valid title thereof; or
(d) any premises belonging to or vested in a Waqf, registered under the Waqf
Act, 1995 (Central Act No. 43 of 1995) or a Waqf- alal- aulad as defined
thereunder;
(e) any premises used or intended to be used as a factory within the meaning
or the Factories Act, 1948 Act No. LXIII of 1948 where the plant of such
factory is leased out along with the premises; or
(f) any premises used or intended to be used for any other industrial purposes
including manufacture, preservation or processing of any goods or as a
cinema or theatre, where the plant and apparatus installed therein for such
purpose is leased out along with the premises:
Provided that nothing in this clause shall apply in the relation to
any shop or other premises, situated within the precincts of the cinema,
multiplex or theatre, the tenancy in respect of which has been created
separately from the tenancy in respect of the cinema, multiplex or theatre;
or
(g) any premises used or intended to be used as a place of public entertainment
or amusement (including any sports stadium, but not including a cinema or
theatre), or any premises appurtenant thereto; or
(h) any premises built and held by a society registered under the Societies
Registration Act, 1860 (Act No. XXI of 1860) or by a cooperative society,
company or firm and intended solely for its own occupation or for the
occupation of any of its officers or servants, or as a guest house, by
whatever name called, for the occupation of persons having
dealing with it in the ordinary course of business;
(i) any premises let out to a citizen of a foreign country or an embassy, High
Commission, Legation or Body of a foreign State or such international
organization as may be specified by the State Government by notification
in the official Gazette.
 (j) any premises let to banks, or any Public Undertakings or any
Corporation established by or under any Central or State Act, or
multinational companies, and private limited companies or pubic limited
companies having a paid up share capital of rupees Ten crores or more;
Explanation .- For the purpose of this clause the expression “bank”
means,-
(i) the State Bank of India constituted under the State Bank of India
Act, 1955 (Central Act No. 23 of 1955);
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary
Banks) Act, 1959 (Central Act No. 38 of 1959);
(iii) a corresponding new bank constituted under section 3 of the
Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the
Banking Companies (Acquisition and Transfer of Undertaking) Act,
1980 (Central Act No. 40 of 1980);
any other bank, being a scheduled bank as defined in
clause (e) of section 2 of the Reserve Bank of India Act, 1934
(Central Act No. 2 of 1934);
k) to any tenancy, under a written agreement entered before the
commencement of this Act, for a period of five years or more and
registered under the Registration Act, 1908 (Act 16 of 1908) and not
terminable before its expiration at the option of the landlord:
(l) where premises is let out for a specific purpose of contractual services like
canteens, sanitation services etc., on contractual agreement for providing
specific services.
(m) any building whose monthly rent exceeds Rupees Ten Thousand per
month.
(n) any premises comprising the part of “ Special Economic Zone “
established by the State Government or the Central Government.
(o) to any building, constructed prior to commencement of this Act, during a
period of Twenty Five years from the date on which its construction is
completed.
(p) to any building , constructed after the commencement of this Act, for a
period of Twenty Five years from the date on which its construction is
completed.
Provided that where any building is constructed substantially out of funds obtained
by way of loan or advance from the State Government or the Life Insurance
Corporation of India or a bank or a co-operative society or any other
recognised financial Institution and the period of repayment of such loan or
advance exceeds the aforesaid period of Twenty five years, then the
reference in this clause to the period of Twenty five years shall be deemed
to be a reference to the period of twenty five years of the period ending with
the date of actual repayment of such loan or advance( including interest),
whichever is shorter.
 CHAPTER –II
REGULATION OF RENT

4. Registration (1) Notwithstanding anything contained in section 107 of the

of tenancy Transfer of Property Act, 1882 (4 of 1882.) no person shall, after
agreement the commencement of this Act, let or take on rent any premises
except by an agreement in writing as prescribed.
(2) Every agreement referred to in sub-section (3) or required to be
registered under the Registration Act, 1908, (16 of 1908.) within
such period as may be prescribed and for this purpose the
agreement shall be deemed to be a document for which
registration is compulsory under section 17 of the said Act.
(3) Where, in relation to a tenancy created before the commencement of
this Act.-
(a) an agreement in writing was entered into and was not
registered under the Registration Act, 1908, (16 of 1908.)
the landlord and the tenant shall jointly present a copy
thereof for registration before the registering officer
under the said Act;
(b) no agreement in writing was entered into, the landlord and the
tenant shall enter into an agreement in writing with
regard to that tenancy and present the same for
registration before the registering officer under the said
Act:
Provided that where the landlord and the tenant fail to present
jointly a copy of tenancy agreement under clause (a) or fail to
reach an agreement under clause (b) such landlord and the tenant
shall separately file the particulars about such tenancy with the
Rent Tribunal in such form and in, such manner and within such
period as may be prescribed.
(4) Each landlord shall provide a copy of such tenancy agreement referred
to in sub-section (1) or sub-section (3) to the police station concerned
within thirty days of agreement.
(1) In the event of death of a tenant, the right of tenancy shall devolve
for a period of one year from the date of his death on his
5. Inheritability successors in the following order, namely:-
of tenancy (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:
(e) widowed or divorced sister;
 Provided that the successor has ordinarily been living in the
premises with the deceased tenant up to the date of his death and was
dependent on the deceased tenant.

Provided further that a right to tenancy in a residential premises

shall not devolve upon successor in case such successor or his spouse or
any of his dependent son or daughter has, built or has otherwise acquired
vacant possession of, or has got vacated after acquisition or has been
allotted a residence in the same city, municipality, notified area or town
area.
Provided also that the right of such successor to continue in
possession of the premises under sub-section (1) shall become
extinguished on the expiry of one year or on his death whichever is
earlier, except as otherwise agreed to in between the parties.

(2) If a person, being a successor mentioned in sub-section (1), was

ordinarily living in the premises with the deceased tenant but was not
dependent on him on the date of his death, or he or his spouse or any of
his dependent son or daughter is owning or occupying a premises in the
local area in relation to the premises let to which this Act applies such
successor shall acquire a right to continue in possession as a tenant for
a limited period of Six months from the date of death of the tenant; and
on the expiry of that period, or on his death, whichever is earlier, the
right of such successor to continue in possession of the premises shall
become extinguished and such successor shall handover vacant
possession of such premises to the landlordon or before expiry of six
months from the date of death of the tenant.

Explanation:- For the removal of doubts, it is hereby declared that-

(a) Where, by reason of sub-section (2), the right of any successor

to continue in possession of the premises becomes
extinguished, such extinguishment shall not affect the right of
the dependent successor as under sub-section (1), of the same
category to continue in possession of the premises but shall not,
on such extinguishment, pass on to any other non-dependent
successor specified in the same category or any lower category
or categories, as the case may be;
(b) the right of every successor, referred to in sub-section (1) to
continue in possession of the premises shall be personal to him
and shall not, on the death of such successor, devolve on any of
his heirs.

(3) Nothing in sub-section (1) or sub-section (2) shall apply to a non-

residential premises and the vacant possession of such premises shall be
delivered to the landlord within two years-
(i) of the death of tenant, in case the tenant is an individual;
(ii) of the dissolution of the firm, in case the tenant is a firm;
(iii) of the winding up of the company, in case the tenant is a
company;
(iv) of the dissolution of the corporate body, other than a company,
in case the tenant is such a corporate body.
6. Rent payable (1) The rent payable in relation to a premises shall be:-
(a) The rent agreed to between the landlord and the tenant as revised in
the manner provided under section 7 or section 8.
(b) In the case of tenancy entered into before the commencement of this
Act, the landlord shall, by notice in writhing to the tenant, enhance
the rent as specified under section 7 and the rent so enhanced shall be
payable from the date of such commencement. The enhanced rent
shall be paid within 30 days of the service of notice.
7. Revision of (1) Subject to any agreement in writing, where the premises have been let out
Rent in respect
of existing before the commencement of this Act, the rent thereof Shall be liable to
Tenancies be revised according to the formula indicated below:-
(a) where the premises have been let out prior to 1st January, 1950, it
shall be deemed to have been let out on 1st January, 1950 and the
rent payable at that time shall be liable to be increased at the rate of
5 % per annum in case of residential accommodation and 7% per-
annum in case of non- residential premises and the amount of
increase of rent shall be compounded on an yearly basis. The amount
of rent so arrived at shall again be liable to be increased at the
aforesaid rates per annum in similar manner upto the year of
commencement of this Act.
(b) Where the premises have been let out on or after 1st January, 1950,
the rent payable at the time of commencement of the tenancy shall
be liable to be increased at the rate of 5% per annum in case of the
residential accommodation and 7% per annum in case of non-
residential premises and the amountof increase of rent shall be
compounded on an yearly basis. The amount of rent so arrived at
shall again be liable to be increased at the aforesaid rates per annum
in similar manner upto the year of commencement of this Act.
Illustration I:- For residential
Accommodation if the rent was Rs. 100 per month on 1st January,
1950, it shallbecome:
Rs. 171.00 per month on 1st January, 1960,
Rs. 278.49 per month on 1st January, 1970,
Rs. 453.58 per month on 1st January, 1980,
Rs. 738.80 per month on 1st January, 1990,
Rs. 1203.38 per month on 1st January, 2000,
Rs. 1960.12 per month on 1st January, 2010,
and so on.
Illustration II: For non-residential premises if the rent was Rs. 100
per month on 1st January, 1950, it shall become:
Rs. 196.71 per month on 1st January, 1960,
Rs. 386.96 per month on 1st January, 1970.
Rs. 814.51 per month on 1st January, 1980,
Rs.1947.44 per month on 1st January, 1990,
Rs.2945.70 per month on 1st January, 2000,
 Rs. 5794.64 per month on 1st January, 2010, andso on.
(2) The rent arrived at according to the formula given in sub-section (1)
shall, after completion of each year from the year of
commencement of this Act, again be liable to be increased and
paid at the rate of 5% per annum or 7% per annum, as the case
may be, and the amount of increase of rent shall be compounded
on an yearly basis. Such rent shall further be liable to be
increased at similar rateand compounded in similar manner
 till the tenancy subsists.
(3) The rent revised as per formula given under subsection (1) shall be
payable, from the date of commencement of this Act.

(1) In the absence of any agreement to the contrary, the rent of the premises
8. Revision of
et out after the commencement of this Act shall be liable to be increased
rent in respect
at the same rate as under section 7 of this Act and the amount of increase
of new tenancies
of rent shall be compounded on an yearly basis. Such rent shall further be
liable to be increased at the similar rate and compounded in similar
manner till the tenancy subsists.

9. Other charges (1) A tenant shall be liable to pay to the landlord, besides the rent, the charges
Payable for the amenities and its maintenance as agreed to between the landlord
and the tenant;
(2) The landlord shall be entitled to recover from the tenant the amount paid
by him towards charges forelectricity or water consumed by the tenant
including other charges which arc payable by the tenant under the
agreement.
10. Receipt to (1) Every tenant shall pay rent and other charges payable within the time
be given for fixed by agreement or in the absence of such stipulation, by the tenth day
rent and other of the month next following the month for which it is payable.
charges paid (2) Every tenant who makes payment of rent or other charges payable or
advance towards such rent or other charges to his landlord shall be
entitled, to obtain forthwith from the landlord or his authorized agent a
written receipt for the amount paid to him, signed by the landlord or his
authorized agent:

Provided that it shall be open to the tenant to remit the rent or other
charges to his landlord by cash, cheque, bank draft, postal money order or
by any other mode recognized by the law.
(3) If the landlord or his authorized agent refuses or neglects to pass to the
tenant the receipt referred to in sub-section (2), the Rent Tribunal may, on
an application made to him in this behalf by the tenant within two months
from the date of payment and after hearing the landlord or his authorized
agent, by order direct the landlord or his authorized agent, to pay to the
tenant, by way of damages, such sum not exceeding double the amount of
rent or other charges paid by the tenant and the costs of the application
and shall also grant a certificate to the tenant in respect of the payment of
rent or other charges.
Explanation- Burden of proof for refusal or neglect to pass to tenant the
receipt for the amount paid to the landlord or his authorized agent shall lie
on the tenant.
(4) If the landlord or his authorized agent refuses to accept or evades
acceptance of receipt of rent or other charges payable to him, the tenant
may, by notice in writing, ask the landlord to furnish him the particulars
of his bank account in a bank into which the tenant may deposit the rent
and other charges payable to the credit of the landlord.
(5) If the landlord furnishes the particulars of his bank account, the tenant shall
deposit the rent and other charges payable in such bank account from time
to time.
(6) If the landlord does not furnish the particulars of the bank account under
sub-section (4), the tenant shall remit the rent and the other charges
payable to the landlord from time to time through postal money order
after deducting the postal charges.
 CHAPTER-III
DEPOSIT OF RENT
11. Deposit of rent (1) Where the landlord does not accept any rent and other charges payable
and other tendered by the tenant within the time and the manner referred to in
charges by section 10 or refuses or neglects to deliver a receipt referred to therein, or
the tenant
where there is a bonafide doubt as to the person or persons to whom the
rent and other charges are payable, the tenant may deposit such rent and
other charges payable with the Rent Tribunal in the prescribed manner.
(2) The deposit shall be accompanied by an application by the tenant
containing the following particulars, namely:-
(a) the premises for which the rent and other charges payable are
deposited with a description sufficient for identifying the premises;
(b) the period for which the rent and other charges payable are deposited;
(c) the name and address of the landlord or the person or persons
claiming to be entitled to such rent and other charges payable;
(d) the reasons and circumstance for which the application for depositing
the rent and other charges payable is made;
(e) such other particulars as may be necessary.
(3) On deposit of the rent and other charges payable being made, the Rent
Tribunal shall send, in the prescribed manner, a copy of the application to
the landlord or persons claiming to be entitled to therent and other
charges payable with an endorsement of the date of the deposit.
(4) If an application is made for the withdrawal of any deposit of rent and
other charges payable, the Rent Tribunal shall, if satisfied that the
applicant is the person entitled to receive the rent and other charges
deposited, order the amount of the rent and other charges to be paid to
him in the manner prescribed:
Provided that no order for payment of any deposit of rent and other
charges payable shall be made by the Rent Tribunal under this sub-section
without giving all the persons named by the tenant in his application
under sub-section (2) as claiming to be entitled to payment of such rent
and other charges payable an opportunity of being heard and such order
shall be without prejudice to the rights of such persons to receive such
rent and other charges payable being decided by a court of competent
jurisdiction.
(5) If at the time of filing the application under sub-section (4), but not after
the expiry of thirty days from receiving the notice of deposit, the landlord
or the person or persons claiming to be entitled to the rent and other
charges payable complains or complain to the Rent Tribunal that the
statements in the tenant‟s application of the reasons and circumstances
which led him to deposit the rent and other charges payable are untrue,
the Rent Tribunal, after giving the tenant an opportunity of being heard,
may levy on the tenant a fine which may extend to an amount equal to
two months rent, if the Rent Tribunal is satisfied that the said statements
were materially untrue then it may order that the fine realized or any part
thereof be paid to the landlord as compensation.
(6) The Rent Tribunal may, on the complaint of the tenant and after giving
an opportunity to the landlord of being heard, levy on the landlord
 The compensation which may extend to an amount equal to two months rent,
if the Rent Tribunal is satisfied that the landlord, without any reasonable
cause,had refused to accept rent and other charges payable though tendered to
him within the time referred to in sub-section (1) of section 10 and may further
order that sum of compensation realized or any part thereof be paid to the
tenant as.
12. Time limit (1) No rent and other charges deposited under section 11 shall be considered
for making to have been validly deposited under that section, unless the deposit is
deposit and
made within twenty-one days of the time referred to in section 10 for
consequence
payment of the rent and other charges payable.
of incorrect (2) No such deposit shall be considered to have been validly made, if the
particulars tenant willfully makes any false statement in his application for
in application depositing the rent and other charges payable, unless the landlord has
for deposit
withdrawn the amount recovery of possession of the premises from the
tenant.
(3) If the rent and other charges payable are deposited within the time
mentioned in sub-section (1) and do not cease to be a valid deposit for the
reasons mentioned in sub-section (2), the deposit shall constitute payment
of rent and other charges payable to the landlord, as if the amount
deposited had been validly tendered.

The withdrawal of rent and other charges payable Deposited under section 11
13. Saving as to in the manner provided therein shall not operate as an admission against the
acceptance of person withdrawing it of the correctness of the,rate of rent and other charges
rent and other payable, the period of default, the amount due, or of any other facts stated in
charges payable
the tenant‟s application for depositing the rent and other charges payable under
the said section.

CHAPTER-IV

REGULATION OF EVICTION

14. Protection (1) Notwithstanding anything to the contrary contained in any other law or
of Tenants contract no order or decree for the recovery of possession of any premises
Against shall be made by Appellate Rent Tribunal or Rent Tribunal in favour of the
eviction landlord against the tenant, save as provided in sub-section (2);
(2) The Rent Tribunal may, on an application made to it in the prescribed
manner by the landlord on determination of tenancy due to efflux of time or
by notice make an order for the recovery of possession of the premises on
one on more of the following grounds only, namely:-
(a) that the tenant has neither paid nor tendered the whole of the arrears
of the rent and other charges payable for four consecutive months
legally recoverable from him within one month of the date on which a
notice of demand for the arrears of such rent and other charges
payable has been served on him by the landlord;
Provided that in relation to a tenant who is a member of the armed
forces of the Union and in whose favour the prescribed authority
under the Indian soldiers (Litigation) Act, 1925 (Act IV of 1925) has
issued a certificate that he is serving under special conditions within
the meaning of section 3 of that Act or where he has died by enemy
action while so serving, then in relation to his heirs, the words “four
months” in this clause shall be deemed to have substituted by the
words “one year”;
(b) that the tenant has willfully caused or permitted to be caused substantial
damage to the premises; or
(c) that the tenant has without the permission in writing of the landlord made or
permitted to be made any such construction or structural alteration in the
building as is likely to diminish its value or utility or to disfigure it; or
(d) that the tenant has created a nuisance or any act of moral turpitude or has
done any act which is inconsistent with the purpose for which he was
admitted to the tenancy of the premises or which is likely to affect adversely
and substantially the landlord‟s interest therein; or
(e) that the tenant has, sub-let, assigned or otherwise parted with the possession
of the whole or any part of the premises; or
(f) that the tenant has renounced his character as such or denied the title of the
landlord and the later has not waived his right or condoned the conduct of
the tenant; or
(g) that the premises were let out for residential purposes but have been put to
commercial use wholly or partially; or
(h) that the premises were let out to the tenant for residential purposes by reason
of his being in the service or employment of the landlord and the tenant has
ceased to be in such service or employment; or
(i) that the premises is required reasonably and bonafide by the landlord for
the use or occupation for himself or for any member of his family if he is
the owner thereof, or for the use or occupation for any person for whose
benefit the premises is held:
Provided that where the landlord and tenant have entered into a
tenancy agreement either before or after the commencement of this Act
for a period of more than three years, no application for recovery of
possession of such premises shall lie under this clause unless a period of
three years has elapsed from the date of such agreement or
commencement of this Act which ever is later.
Provided further that where the landlord has acquired the
premises by transfer after the commencement of this Act and it was in
the occupation of a tenant since before its purchase, no application for
recovery of possession of such premises shall be made under this section
on the ground section (2), unless a period of three years has elapsed from
the date of such acquisition and the landlord has given a notice in that
behalf to the tenant not less than six months before such application , and
such notice may be given even before the expiration of the aforesaid
period of three years and on expiry of aforesaid period the right to
tenancy in the premises shall come to an end, even if, tenancy agreement
in between the erstwhile landlord and the tenant is to expire beyond that
period and, if the tenancy expires before the period of three years, it shall
come to an end at that time, except as otherwise agreed to in between the
present landlord and the tenant, through a fresh tenancy agreement.
Provided also that after acquisition of the premises by the landlord under
preceding proviso the landlord shall also intimate to the tenant in
possession, within one month of such acquisition.
 Provided also that where decree of eviction from any premises is
sought by the landlord under this clause, he shall not re-let the
whole or any part of the premises to any other person within three
years from the date of such possession and in case the premises are
let-out, the tenant shall be entitled for restoration of possession on a
petition moved by him before the Rent Tribunal and the Rent
Tribunal shall dispose of such petition expeditiously and the
procedure as laid down in section 25 shall mutatis mutandis apply;
or
(j) that the tenant or any person referred to in sub- section (1) of section 5
of the Act who has been normally residing with him or is wholly
dependent on him has, built or has otherwise acquired vacant
possession of, or has got vacated after acquisition or has been
allotted a residence in the same city, municipality, notified area or
town area; or
(k) that the premises have not been used for the purpose for which they
were let for a continuous period of six months immediately
preceding the date of the petition; or
(1) that the landlord has been required by any authority under any law to
abate the over crowding of the premises; or
(m) that the landlord requires the premises in order to carry out building
work,-
(i) at the instance of the State Government improvement
scheme or development scheme; or
(ii) because the premises have become unsafe or unfit for
human habitation.
(iii) because the premises is required for major repairs,
reconstruction, additions or alterations;
Provided that it is mandatory to re-admit the tenant after the
repair work is over subject to the terms and landlord and the
tenant.
(n) that the tenant has without the consent in writing of the landlord
used it for a purpose other than the purpose for which he was
admitted to the tenancy of the premises or otherwise done any
act which is inconsistent with use, or any act or omission which
is detrimental to the public interest or to the security of the state,
or has been convicted under any law for the time being in force
of an offence of using the premises or allowing it to be used for
illegal or immoral purposes;
(o) that the tenant has failed to deliver possession after giving notice to
quit.
(1) Notwithstanding anything to the contrary contained in this Act or any
15. Right of other law for the time being in force or in any contract or usage,-
landlord (i) A landlord shall, on a petition being filed in this behalf in the Rent
to recover Tribunal, be entitled to recover immediate possession of a
immediate residential premises, if he-
possession in (a) is a landlord who being a person in occupation of any
certain cases premises allotted to him by the Government or any
local authority is required, by or in pursuance of, any
general or special order made by that Government or
authority, to vacate such premises or in default, to incur
certain obligations, on the ground that he owns, in
 the local area, where he normally resides, an accommodation
either in his own name or in the name of his wife or
dependent child, there shall accrue, on and from the date of
such order, to such landlord, notwithstanding anything
contained elsewhere in this Act or in any other law for the
time being in force or in any contract (whether express or
implied), custom or usage to the contrary, a right to recover
immediate possession of any premises let out by him:
(b) is or was a member of any armed forces or paramilitary
forces of the Union and aforesaid petition is filed within
one year, prior to or subsequent to the date of retirement,
releases or discharge, as the case may be, or within a period
of one year from the date of commencement of this Act,
whichever is later;
(c) is or was an employee of the Central Government or the State
Government or local bodies or State owned corporations and
files the aforesaid petition within a period of one year prior to or
subsequent to the date of his retirement or within a period of one
year from the date or the commencement of this Act, whichever
is later;
(ii) a widow of such a landlord, who was a member of the Union and
has died during the course of his employment, shall, on a
petition being filed in this behalf in the RentTribunal, be entitled
to recover immediate possession of the residential premises.
(2) Where the landlord has let out more than one premises, the petition under
sub-section (1) shall be maintainable in respect of one rented building
only to be chosen by the landlord and petition under sub-section (1) shall
be maintainable only if the petitioner is not residing in his own premises
in the same city, municipality, notified area or town area.
(3) Where a landlord, after letting out his premises on the ground floor, has
incurred such permanent disability due to which he is unable to use
staircase and requires the ground floor, premises for his own residence,
he shall, on a petition being filed in this behalf in the Rent Tribunal, be
entitled to recover immediate possession of such ground floor premises
on his furnishing a certificate from duly constituted Medical Board of a
Government Hospital about such a permanent disability and on satisfying
the rent Tribunal that he has no suitable residential premises of his own
on ground floor in his possession in the same city, municipality, notified
area or town area.
 Provided that if tenant is prepared to vacate ground floor
premises in exchange of premises in occupation of landlord on the
upper floor, the Rent Tribunal shall pass order of immediate
possession in favour of landlord only on the condition that the
landlord shall make available proportionately equal portion of the
premises in his occupation on the upper floor to the tenant on such
terms and conditions as may be fixed by the Rent Tribunal.
(4) Where the landlord has recovered possession of the premises under
this section, he shall be prohibited from letting out the same to any
other person within a period of three years and in case the premises
are let out, the tenant shall be entitled for restoration of possession
on an application moved by him before the Rent Tribunal and the
Rent Tribunal shall dispose of such application expeditiously and the
procedure as laid down in section 25 shall mutatis- mutandis apply.
Explanation:-For the purpose of this section the expression
“landlord” shall mean the owner of the residential premises.

16. Restriction on After the commencement of this Act, no tenant shall:-

sub-letting
(a) sub-let the whole or any part of the premises held by him
as a tenant; or

(b) transfer or assign his rights in the tenancy or in any part

thereof.

17. Dispute of (1)where in any proceeding before the Rent Tribunal,a contention is
Relationship raised denying the existence of relationship of landlord and tenant
of landlord in between the parties it shall be lawful for the Rent Tribunal to
and tenant accept the alleged document of agreement or where there is no such
document of agreement, a receipt of acknowledgement of payment
of rent purported to be signed by the landlord as prima-facie
evidence of relationship and proceed to hear the case.
(2) Where-
(a) the agreement pleaded is oral and either party denies
relationship, and no receipt or acknowledgement of
payment of rent as referred to in sub-section (1) above is
produced, or
(b) in the opinion of the Rent Tribunal there is reason to
suspects the genuine existence of the document of agreement
or the receipt or acknowledgement of payment of rent.
 the Rent Tribunal shall first decide the relationship between the landlord and
the tenant and thereafter proceed with the case accordingly.

18. Tribunal to (1) the Tribunal shall, in all cases where the respondent enters or is permitted to
promote enter defense against the application, at any time before about a negotiated
negotiated settlement of the dispute between the parties, in appropriate cases, by
settlement referring them to the appropriate Authority under the Legal Services
of disputes Authorities Act, 1987 (Central Act 39 of 1987)
(2) Without prejudice to the provisions of sub-section (1) and subject to such
rules as may be prescribed, the Tribunal shall follow such procedure as it
deems proper to proper to promote a compromise expeditiously.
(3) Where there has been a settlement of the case by compromise, the Tribunal
shall record the terms of the compromise and pass final order in those
terms.

19. Deposit and (1) No tenant against whom an application for eviction has been made by a
payment of landlord under section 14, shall be entitled to contest theapplication before
rent during the Rent Tribunal under thatsection or to prefer or prosecute an appeal or
the pendency revision under section 25 against an order made by the Rent Tribunal on
of proceedings application under section 14 unless he has paid or pays to the landlord or
for eviction deposits with the Rent Tribunal, all arrears of rent and other charges due in
respect of the premises with interest thereon @ 8% per annum upto the date
of payment or deposits and continues to pay or to deposit any rent and other
charges which may subsequently become due in respect of the premises at
the rate at which it was last paid or agreed to be paid, until the termination of
the proceedings before the Rent Tribunal or the Appellate Rent Tribunal, as
the case may be.

(2) The deposit of the rent and other charges under sub-section (1) shall be made
within the time and in the manner prescribed and shall be accompanied by
such fee as may be prescribed for the service of the notice referred to in sub-
section (5).
(3) Where there is any dispute as to the amount of rent and other charges to be
paid or deposited under sub-section (1), the Rent Tribunal shall, on
application made to it cither by the tenant or the landlord and after making
such enquiry as it deems necessary determine summarily the rent to be so
paid or deposited.

(4) If any tenant fails to pay or deposit the rent as aforesaid, the Rent Tribunal or
the Appellate Rent Tribunal as the case may be, shall unless the tenant has
shown sufficient cause to the contrary, stop all further proceedings and make
an order directing the tenant to put the landlord in possession of the premises
or dismiss the appeal or revision, as the case may be.

(5) when any deposit is made under sub-section (1) the Rent Tribunal or the
Appellate Rent Tribunal, as the case may be, shall cause notice of the
deposit to be served on the landlord in the prescribed manner and the amount
deposited may, subject to such conditions as may be prescribed, be
withdrawn by the landlord on application made by him to the Tribunal in
this behalf.
20. Restoration If any tenant is dispossessed by landlord from the rented premises
of possession
without his consent otherwise than by due process of law, he may
of illegally
dispossessed within thirty days from the date of knowledge of such
tenant dispossession,file a petition before the Rent Tribunal for
restoration of possession thereof.
[Link] for revision (1) The Rent Tribunal, upon filing a petition duly supported by
of rent,eviction of affidavit and documents, for:
tenant and recovery
of immediate possession. (a)Revision of rent under section 7 or section 8:
Or restoration of possession
(b)Eviction of tenant by Landlord or any person claiming
possession under section 14:

( c) Recovery of immediate possession under section 15,

( d) restoration of possession under section 20, or
(e)Any other petition under this Act,

Shall issue the notice accompanied by copies of petition,

affidavit and other documents to the opposite party through
registered post Acknowledgment Due, or speed post or
through any other usual mode of service including a process
server of the Tribunal.

(2) The opposite party, may upon service of notice, file counter
affidavit along-with documents within three week by serving the
copy to petitioner or his counsel and the petitioner may
thereafter file the re-joinder affidavit within next one week.

(3) The rent tribunal thereafter shall fix a date of hearing which
shall not be later than two week.
(4) If the opposite party fails to appear on the date so fixed before the
Rent Tribunal, he may be proceeded against ex-parte.
(5)The rent tribunal after holding such summary enquiry as it deems
necessary shall decide the petition and shall pass necessary orders.

(6) Where the Rent Tribunal decides the petition in favour of the
landlord, it shall issue a certificate along with decretal amount and
mesne profits with costs from the tenant.

(7)The certificate issued under sub-section (5) shall not be executable for
a period of three months from the date of decision.

(8)In every case before the Rent Tribunal and the Appellate rent Tribunal
the evidence of a witness shall be given by affidavit.
 (9)The Rent Tribunal and the Appellate Rent Tribunal shall
not be bound by the procedure laid down by the Code of
Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall
be guided by the principal of natural justice and subject to
other provisions of this Act or the Rules made thereunder
and shall have powers to regulate its own procedure, and for
the Purpose of discharging its functions under this Act they
shall have, the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (Central Act No. 5
of 1908).

(10)Any proceeding before the Rent Tribunal or Appellate Rent

Tribunal shall be summary in nature and shall be deemed
to be a judicial proceeding within the meaning of sections
193 and 228 and for the purpose of section 196 of the
Indian penal Code, 1860 (Central Act No. 45 of 1860)
and the Rent Tribunal or the Appellate Rent Tribunal
shall be deemed to be a civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (Central Act No. 2 of 1974).
 CHAPTER-V

CONSTITUTION OF TRIBUNALS, PROCEDURE FOR

REVISION OF RENT AND EVICTION, APPEAL AND
EXECUTION

22. Constitution (1) The State Government may, by notification in the Official Gazette,
of Rent constitute such number of RentTribunals and at such places as may
Tribunal
be deemed necessary by it and, each Rent Tribunal shall exercise the
powers conferred or perform the duties imposed on Rent Tribunals
by or under this Act.

(2) The State Government may also, by notification in the Official

Gazette, constitute such number of Additional Rent Tribunals and at
such places as it and, subject to the other provisions of this Act, the
Additional Rent Tribunal shall have and shall exercise the same
powers and discharge the same duties as the Rent Tribunal.

(3)A Rent Tribunal or an Additional Rent Tribunalshall consist of one

person only (hereinafter referred to as the Presiding Officer) to be
appointed by the High Court.

(4) A person shall not be eligible to be appointed as Presiding Officer of

the Rent Tribunal or Additional Rent Tribunal unless he is in the
cadre of Civil Judge (Senior Division).

(5) Notwithstanding anything contained in sub-section (3), the District

Judge may authorize the Presiding Officer of a Rent Tribunal to
discharge the functions of the Presiding Officer of additional Rent
Tribunal also.

(6) Where there are both Rent Tribunal and Additional Rent Tribunal at
the same station to exercise jurisdiction under this Act, in the same
territory, it shall be the Rent Tribunal who alone shall be competent
initially to entertain all applications and proceedings under this Act.

(7) The Rent Tribunal competent to entertain applications and

proceedings under this Act under sub-section (6) may transfer any
such proceeding or applications pending before him for disposal to
Additional Rent Tribunal of competent jurisdiction.
23. Supply of The Copy of the final order passed by the Rent Tribunal shall, immediately
copies of after the pronouncement of the order, be delivered to the party against whom
final order the same is made and if the final order is partly against one party and partly
against other party and both the parties may prefer appeal against the final
order, the copy of the final order shall be delivered to both the parties. The
copy of the final order shall bear the endorsement under the seal of the
Presiding Officer that the same is being supplied under this provision and
partly preferring an appeal shall file such a copy along with his appeal.
(1) Notwithstanding anything contained in any other law for the time being in
24. Jurisdiction
force, in the areas to which this Act extends, only the Rent Tribunal to hear
of Rent
Tribunal and decide the petitions relating to disputes between landlord and tenant
and matters connected therewith and ancillary thereto, filed under the
provisions of this Act:
Provided that Rent Tribunal shall, in deciding such petitions to which
provisions of this Act do not apply, have due regard to the provisions of
Transfer of Properties Act, 1882 (Act No. 4 of 1882), the Indian Contract Act,
1872 (Act No. 9 of 1872), or any other substantive law applicable to such
matter. The proceedings before the Rent Tribunal shall be summary in nature.
Provided further that nothing contained in this Act shall be deemed to
empower the Rent Tribunal to entertain a petition involving such dispute
between landlord and tenant to which provisions of the Uttar Pradesh Public
Premises (Eviction of Unauthorized Occupants) Act, 1972 (U.P. Act No. 22 of
1972) apply.

(2) A petition shall be instituted before the Rent Tribunal, within the local
limits of whose jurisdiction- the premises is situated.

25. Appellate (1) The State Government may, by notification in the official Gazette, constitute
Rent Tribunal, such number of Appellate Rent Tribunals and Additional Appellate Rent
Appeals and Tribunal at such places as may be deemed necessary by it, to exercise the
limitation jurisdiction, powers and authority conferred on it by or under this Act.
thereof
(2) An Appellate Rent Tribunal or an Additional Appellate Rent Tribunal shall
consist of one person only (hereinafter referred to as the Presiding Officer) to
be appointed by the High Court.
(3) A person shall not be eligible to be appointed as Presiding officer of the
Appellate Rent Tribunal or Additional Appellate Rent Tribunal unless he is a
member of Uttar Pradesh Higher Judicial Service.
(4) Notwithstanding anything contained in sub-section (3), the District judge may
authorize the Presiding Officer of an Appellate Rent Tribunal to discharge the
functions of the Presiding Officer of Additional Appellate Rent Tribunal also.

(5) Where there are both Appellate Rent Tribunal and Additional Appellate rent
Tribunal at the same station to exercise jurisdiction under this Act, in the same
territory, it shall be the Appellate Rent
Tribunal who alone shall be competent initially to entertain all appeals,
revisions or other such proceedings under this Act.

(6) The Appellate Rent Tribunal competent to entertain appeals, revisions or

other such proceedings under this Act under sub-section (6) may transfer
appeals, to Additional Rent Tribunal of competent jurisdiction.
 (7) From every final order passed by the Rent Tribunal, an appeal shall lie to the
appellate Rent Tribunal, within the local limits of whose jurisdiction the premises
is situated and such an appeal shall be filed within a period of thirty days from
the date of final order along with copy of such final order.
(8) The Appellate Rent Tribunal, upon filing an appeal under sub-section (7), shall
serve notice, accompanied by copy of appeal, on the respondent for the
appearance of the parties before it. The Appellate Rent Tribunal shall, thereafter,
fix a date of hearing which shall not be later that thirty days-from the date of
service of notice of appeal on the respondent and the appeal shall be disposed of
expeditiously preferable „within a period of three month.
(9) If the respondent fails to appear on the date so fixed before the Appellate Rent
Tribunal, he may be proceeded against ex-parte.

(10) The Appellate Rent Tribunal may in its discretion pass such interlocutory order,
during the pendency of the appeal, as it may deem fit.

12) (a) While deciding the appeal, the Appellate RentTribunal may after recording
reasons therefor,-
(i) Confirm, vary, set aside, reverse or modify the order passed,
by a Rent Tribunal; or
(ii) If necessary in the interest of justice, remand the case to the
Rent Tribunal along with such direction as it may deem fit.
(b) The Appellate Rent Tribunal shall issue appropriate recovery certificate
according to the decision rendered by it.
(c) The decision of the Appellate Rent Tribunal shall be final and no further
appeal or revision shall lie against its order before any court..
Explanation- The expression “final order” referred to in sub-section (8)
shall mean an order by which any proceeding pending before the Rent
Tribunal is finally disposed of.

(1) The Rent Tribunal shall, on application of any party, execute in the manner
26. Execution prescribed, a final order or any other order passed under this Act by adopting
of the any one or more of the following modes, namely:-
orders
(a)attachment and sale of the movable or immovable property of the opposite
party;
(b) arrest and detention of the opposite party;
(c)attachment of any one or more bank accounts of the opposite party and
satisfaction of the amount of order to be paid from such account;
(d) attachment of salary and allowance of the opposite party if he is a
Government servant or employee of any nationalized bank, local authority,
corporation, Government company;
(e)appointing any advocate as Commissioner on such remuneration as may
be fixed or deputing any officer of the Tribunal or local administration or
local body for execution of the order.
(f) Delivery of possession to the applicant.
 (2) The Tribunal may, in order to execute the final order or any other order
passed under this Act, take the help of the local administration or local
body or the police.

(3) If the tenant does not vacate the premises within three months of the date
of issue of certificate for recovery of the possession, he shall be liable,
from the date of issue of certificate, for recovery of possession to pay
mesne profits at the rate of three times the rent in case of premises let out
for residential purposes, at the rate of four times the rent in case of
premises let out for commercial purposes and at the rate of four times the
rent in case certificate for recovery of immediate possession has been
issued under section 25.
(4) The Rent Tribunal shall conduct the execution proceedings, in relation
to afinal order or any other order passed under this Act in summary
manner and dispose of the application for execution made under this
section within forty five days from the date of service of notice on
opposite party.
27. Procedure (1) Where an ex-parte order is passed under the Act against a person, the said
for setting person may present either personally or through an authorized agent, an
aside application to the Tribunal passing such order, at any time within 30 days
ex-parte
from the date of such order stating the reasons for non-appearance . The
orders Tribunal may issue a notice in prescribed form at the expenses of the party
concerned to the opposite party and if satisfied after hearing that the party
concerned was prevented from attendance before the said Tribunal by some
unavoidable circumstances, the Tribunal may restore the
petition/application on such terms as to costs, deposited with the Tribunal
concerned as imposed by it and shall fix a date for further proceedings.

Provided that no application of the tenant, for the restoration or for setting
aside an order deciding an appeal or petition or application ex-parte in favour
to the landlord, shall be entertained, unless he deposits the whole amount of
arrears of rent and other charges payable with the Tribunal concerned
Provided further that no Tribunal shall set aside an order passed ex-parte
merely on the ground that there has been an irregularity in the service of
notice, if it is satisfied that the respondent had notice of the date of hearing
and had sufficient time to appear and answer the petitioners claim.

Provided also that where there has been an appeal against an order passed
ex-parte, and the appeal has been disposed of on any ground other than the
ground that the appellant has withdrawn the appeal, no application shall lie
under this section for setting aside the ex-parte order.

(2) An application to restore an appeal or application dismissed for default

shall be made to the Tribunal concerned within thirty days from the date of
such dismissal and, accompanied by an affidavit in its support, and
thereupon, the application shall be decided after a summary enquiry by the
Tribunal concerned
 Provided that no application of the tenant, for the restoration or for
setting aside an order deciding an appeal or petition or application ex-
parte in favour to the landlord, shall be entertained, unless he deposits
the whole amount of arrears of rent and other charges payable with the
Tribunal concerned
Provided further that no Tribunal shall set aside an order passed ex-
parte merely on the ground that there has been an irregularity in the
service of notice, if it is satisfied that the respondent had notice of the
date of hearing and had sufficient time to appear and answer the
petitioners claim.

Provided also that where there has been an appeal against an order
passed ex-parte, and the appeal has been disposed of on any ground
other than the ground that the appellant has withdrawn the appeal, no
application shall lie under this section for setting aside the ex-parte
order.

(2) An application to restore an appeal or application dismissed for default

shall be made to the Tribunal concerned within thirty days from the date of
such dismissal and, accompanied by an affidavit in its support, and thereupon,
the application shall be decided after a summary enquiry by the Tribunal
concerned

28. Tribunal The Tribunal may, if sufficient and reasonable cause is shown, at any stage of
may grant the case, grant time to the parties or to any of them, and may adjourn the
time and hearing of the case for reasons to be recorded in writhing:
adjourn the
hearing Provided that no adjournment shall be granted at the request of a party,
except where the circumstances are beyond the control of that party.

Provided further that no such adjournment shall be granted more than

three times to a party during entire proceeding of the case before each
Tribunal, under any circumstances.

Provided also that the Tribunal shall make such orders as to costs
occasioned by the adjournment or such higher costs as the tribunal deems fit.

29. General On the application of any of the parties and after notice to the parties and after
power of hearing such of them as desired to be heard, or of its own motion without such
transfer of notice, the District judge may at any stage:
proceedings
(a) transfer any case or other proceedings pending before any Rent
Tribunal to another Rent Tribunal or Additional Rent Tribunal and the
Rent Tribunal, to whom the proceeding is transferred, may subject to
any special direction in the order of transfer, dispose of the
proceeding.
(b) Transfer any case, appeal, revision or other proceedings pending
before any Appellate Rent Tribunal to another Appellate Rent Tribunal
or Additional Appellate Rent Tribunal and the Appellate Rent
Tribunal, to whom the proceeding is transferred, may, subject to any
special direction in the order of transfer, dispose of the proceeding.
 CHAPTER-VI

OBLIGATIONS OF LANDLORDS AND TENANTS

30. Landlord’s (1) Subject to any contract in writing to the contrary every landlord shall
duty to keep be bound to keep the premises in good and tenantable repairs in
the premises relation to matters falling under part A of Schedule I.
in good repair Explanation.- “Good and tenantable repairs” under this section and
under section 31 shall mean such repairs as shall keep the premises in
the same condition in which it was let out, except for the normal wear
and tear.

(2) Where any repairs in relation to a matter falling under Part A of

schedule I without which the premises is not habitable or useable
except with undue inconvenience are to be made and if the landlord
neglects or fails to make them within a period of three months after
notice in writing, the tenant may apply to the Rent Tribunal for
permission to make such repairs himself and may submit to the Rent
Tribunal an estimate of the cost of such repairs, and the Rent
Tribunal, after giving the landlord an opportunity of being heard and
after considering such estimate of the cost and making such inquiries
as he considers necessary, by an order in writhing, permit the tenant
to make repairs at such cost as may be specified in the order and it
shall thereafter be lawful for the tenant to make such repairs himself
and to deduct the cost thereof, from the rent or otherwise recover it
from the landlord:

Provided that the amount so deducted or recoverable from rent in

any year shall not exceed one-half of the rent payable by the tenant
for that year and any amount remaining not recovered in the year
shall be deducted or recovered from the rent in the subsequent years
at the rate of not more than twenty-five percent of the rent for a
month:
Provided further that where there are more than one premises
owned by a landlord in a building, the tenants thereof may jointly
carry out the repairs and share the expenses proportionately.

(3) Nothing in sub-section (2) shall apply to premises which,-

(a) at the time of letting out was not habitable or useable except
with undue inconvenience and the tenant had agreed to
take the same in that condition;
(b) after being let out, caused to be not habitable or useable
except with undue inconvenience, by the tenant.
31. Duties of (1) Every tenant shall be bound to keep the premises in good and
Tenant tenantable repairs in relation to matters falling under part B of
Schedule I.
(2) Where any repairs, in relation to a matter falling under Part B of
Schedule I, without which the premises are not habitable or useable
except with undue inconvenience are to be made and the tenant
neglects or fails to make them within a period of two months after
notice in writing, the landlord may apply to the Rent Tribunal for
permission to make such repairs himself and may submit to the Rent
Tribunal an estimate of the cost of the cost of such repairs, and,
thereupon the Rent Tribunal may, after giving the tenant an
opportunity of being heard and after considering such estimate of the
cost and making such enquiries as he may consider necessary, by an
order in writing, permit the landlord to make such repairs at such cost
as may be specified in the order, and it shall thereafter be lawful for
the landlord to make such repairs himself and to recover the cost of
such repairs, which shall in no case exceed the amount so specified,
from the tenant.
(3) The landlord or a person authorized by him shall have the right to enter
and inspect the premises after notice to the tenant in the manner
prescribed.
(4) The tenant shall make good all damages caused to the premises by his act
or negligence within three months of being informed in writhing to do
so by the landlord falling which the landlord may apply to the Rent
Tribunal for permission to make good the said damages and the rent
Tribunal shall decide the matter in the manner provided in sub-section
(2).
(5) The tenant shall hand over possession of the premises on determination of
tenancy in the same condition, except for the normal wear and tear, as
it was in when it was handed over to him at the beginning of such
tenancy and in a case where certain damages have been caused, not
being damages caused by force major, the tenant shall make good the
damages caused to the premises failing which landlord may apply to
the Rent Tribunal for permission to make good the said damages and
the Rent Tribunal shall decide the matter in the manner provided in
sub-section (2).
(6) The tenant shall not, whether during the subsistence of tenancy or
thereafter, demolish any improvement or alteration carried out by him
in the premises or remove any material used in such improvement or
alteration, without the permission of the landlord failing which such
demolition or alteration shall be deemed to be a damage caused by
such tenant under sub-section (4) and shall be dealt with accordingly.
32. Cutting off (1) No landlord cither himself or through any person purporting to act on
or withholding his behalf shall, without just and sufficient cause cut off or withhold
essential supply any Essential supply or service enjoyed by the tenant in respect of
or service the premises let to him.

(2) If a landlord contravenes the provisions of sub-section (1), the tenant

may make an application to the Rent Tribunal complaining of such
contravention.

(3) If the Rent Tribunal is satisfied that the essential supply or service was
cut off or withheld by the landlord with a view to compel the tenant to
vacate the premises or to pay an enhanced rent, the Rent Tribunal may
pass an order directing the landlord to restore the amenities
immediately, pending enquiry referred to in sub-section (4).
Explanation.-An interim Order may be passed under this sub-section
without giving notice to the landlord.

(4) If the Rent Tribunal on inquiry finds that the essential supply or service
enjoyed by the tenant in respect of the premises was cut off or withheld
by the landlord without just and sufficient cause, he shall make an order
directing the landlord to restore such supply or service.

(5) The Rent Tribunal shall complete an enquiry under sub-section (4)
within a period of one month of filing of an application for enquiry
unless the Rent Tribunal, for reasons to be recorded in writing, decides
that it is not possible to complete the enquiry within such period.

(6) The Rent Tribunal may in his discretion direct that compensation not
exceeding one thousand rupees be paid to,-
(a) the landlord by the tenant, if the application under sub-
section (2) was made frivolously or vexatiously;
(b) the tenant by the landlord, if the landlord had cut off or
withheld the supply or service without just and
sufficient cause.
Explanation I.- In this section, “essential supply or
service” includes supply of water, electricity, lights in
passage and on staircases, conservancy and sanitary
services
Explanation II.-For the purposes of this section,
withholding nay essential supply or service shall
include acts or omissions attributable to the landlord on
account of which the essential supply or service is cut
off by the local authority or any other competent
authority.
 CHAPTER-VII

MISCELLANEOUS

33. Inspection The landlord or a person authorized by him shall have a right to enter and
of premises inspect the premises let out by him at day time after giving prior notice of at
least one day to the tenant. However, such inspection shall not be carried out
by the landlord more than twice in a month.

34. Jurisdiction Save as otherwise expressly provided in this Act, no civil Court shall entertain
of Civil any suit or proceedings in so far as it relates to any matter to which this Act
Courts barred applies or to any other matter which the Rent Tribunal is empowered by or
in respect under this Act to decide, and no injunction in respect of any action taken or
of certain to be taken by the Rent Tribunal or the Appellate Rent Tribunal under this
matters Act shall be granted by any civil court.

35. Proceedings (1) Any application made, appeal preferred, or proceeding taken under this
by or against Act by or against any person, may, in the event of his death be continued
legal by or against his heirs or legal representatives.
representatives
(2) Where any appeal or other proceeding would have been made, preferred
or taken under this Act by or against any person such application, appeal
or other proceeding may, in the event of his death, be made, preferred or
taken by or against his heirs or legal representatives.

36. Procedure (1) Every application for substituting the names of the heirs or legal
for bringing representatives, the claimants-occupants any person who was a party to any
legal proceedings under the Act and died during the pendency of the proceedings
representatives shall be preferred within one month from the date of the death of such
on record person.
(2) The application shall contain the names and addresses and other details of
the heirs or legal representatives and their relationship with the deceased and,
be accompanied by an affidavit in its support, and thereupon, the application
shall be decided after a summary inquiry by the Tribunal concerned.

37. Duty of Pleader Whenever a pleader appearing for a party to the case comes to know of the death
to communicate of that party, he shall inform the Tribunal about it, and the Tribunal shall
to the Tribunal thereupon give notice of such death to the other party, and, for this purpose, the
death of a party
contract between the pleader and the deceased party shall be deemed to subsist.

38. Landlord and Every landlord and every tenant of a premises shall be bound to furnish to the
tenant to Rent Tribunal or any person authorized by it in that behalf, such
furnish particulars in respect of the premises as may be prescribed.
particulars
39. Protection of (1) No suit, prosecution or other legal proceeding shall lie in any court
Action taken in against any tribunal, any officer or staff of the Tribunal or Servant of the
Good faith State Governmentor any person acting under his direction or assisting him
in respect of anything which is in good faith done or purported or
intended to be done in pursuance of this ant or any rule or order made
there under.
(2) No suit or other legal proceedings shall lie against the State Government
for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done in pursuance of this Act or of any
rule or of order made thereunder.

40. Officers and employees of The presiding officers and other employees of the Rent Tribunals,
Rent Tribunal exercising
powers under this Act deemed Additional Rent Tribunals, Appellate Rent Tribunals and Additional
to be Public Servants
Appellate Rent Tribunals appointed under this Act shall be deemed to
be public servants within the meaning of section 21 of the Indian
Penal Code, 1860 (45 of 1860).

41. Transfer of On the commencement of this Act, all cases pertaining to the matters in
Pending cases respect of which the Tribunal shall have Jurisdiction under this Act and
pending before, the District Magistrate or an officer authorized by him or
Prescribed Authority, constituted under the U.P. Urban Building
(Regulation of letting, Rent and Eviction) Act, 1972 (U.P. Act. NO. 13 of
1972) or any other Court shall stand transferred to the Tribunal and the
Tribunal may proceed with the matter from the stage it was transferred, as
it thinks fit.

42. Act to have The provision of this Act shall have effect notwithstanding anything
overriding inconsistent therewith contained in any other Law for the time being in
effect force or in any instrument having effect by virtue of any Law other than
this Act.

43. Power to (1) If any difficulty arises in giving effect to the provisions of this Act, the
Remove State government may, by order published in the Official Gazette, make
Difficulties such provisions, not inconsistent with the provisions of this Act, as may
appear to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of two years
from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made,
be laid before each house of the State Legislature.

44. Power to (1) The State Government may, by notifications in the Official Gazette, make
Make rules rules for carrying out the purposes of this Act.
 (2) Every rule made by the State Government under this Act, shall be laid, as soon
as may be after it is made, before each House of the State Legislature.

45. Repeal and (1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and
Savings Eviction) Act, 1972 (U.P. Act No. 13 of 1972) is hereby repealed.

(2) Notwithstanding such repeal and subject to the provisions of section 47,-
(a) all proceedings in execution of any decree or order passed
under the repealed Act, and pending at the commencement
of this Act, in any Court shall be continued and disposed
of by such Court as if the said enactment had not been
repealed;
(b) all cases and proceedings other than those referred to in clause
(a) pending at the commencement of this Act, in respect of
the premises to which this Act applies, shall be continued
and disposed off in accordance with the provisions of this
Act.
(c) all other cases and proceedings pending in respect of premises
to which this Act does not apply shall as from the date of
commencement of the Act stand abated.

SCHEDULE-I
(See sections 30 and 31)
A. Structural repairs to be got done by the landlord:
1. Structural repairs, except those necessitated by damage caused by the
tenant.
2. Whitewashing of walls and painting of doors and windows once in three
years.
3. Changing and plumbing pipes, when necessary.
4. Internal and external wiring and related maintenance.
B. Day to day repairs to be got done by the tenant:
1. Changing of tap washers and taps.
2. Drain cleaning.
3. Water closet repairs.
4. Wash basin repairs.
5. Bath tub repairs.
6. Geyser repairs.
7. Circuit breakers repairs.
8. Switches and sockets repairs.
9. Repairs and replacement of electrical equipment, except major Internal
and external wiring changes.
10. Kitchen fixtures repairs.
11. Replacement of knobs and locks of doors, cup-boards, windows, etc.
12. Replacement of flynets.
13. Replacement of glass panels in windows, doors, etc.
14. Maintenance of gardens and open spaces let-out to the tenant.