The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (TNRRRLT Act, 2017) was enacted to create a balanced framework to regulate the rights and responsibilites between landlords and tenants, based on the guidelines provided by the Model Tenancy Act suggested by the central government. It provides fast adjudication process for resolution of disputes, and matters connected therewith or incidental thereto. This New Act repeals the Tamil Nadu Buildings ( Lease and Rent Control) Act, 1960.
Written Tenancy Agreement is Mandatory
After the commencement of the TNRRRLT Act, 2017, As per the provisions of this law, all tenancy agreements should be as written agreements and shall be compulsorily register with the Rent Authority and it is a mandatory one according to the section 4 of the TNRRRLT Act, 2017.
The TNRRRLT Act, 2017 aims to regulate the tenancy of buildings as per the terms and conditions of the tenancy agreement executed by the landlords and the tenants and also to safeguard the interest of the landlords and the tenants in case of disputes.
Registering the Written Rental Agreement with the Rent Authority.
After creating a written rental agreement, either landlord or tenant shall have to register the rent agreement with Rent Authority within 90 days (Rule 3 of TNRRRLT Rules) from the date of execution of such tenancy agreement.
Rent Authorities are responsible for registering all tenancy written agreements. Registration can be either done through online portal available at www.tenancy.tn.gov.in or by submitting a form, as specified in the FIRST SCHEDULE. of the TNRRRLT Act, before the Rent Authority. The contact details of the rent authorities can be found in www.tenancy.tn.gov.in/Home/RentAuthoriy.
The Rent Authority shall verify the name, identity and address of the parties and register the tenancy agreement and grant Tenancy Registration Number (“T.R. No.”) within thirty days from the date of submission of such application.
The Rent Authority shall upload the name of the parties, details of the premises and tenure of the tenancy in Form I on its website within fifteen days from the date of registration. (Rule 3 of TNRRRLT Rules)
The speciality of the online tenancy registration portal eases the process of registration of the tenancy agreement with much convenience and most of the transactions are done through the tenancy registration portal with minimum interface of the Rent Authority.
The registration of the tenancy agreement with the rent authority is independent of the registration requirement of the tenancy agreement under the Registration act, 1908.
Security Deposit Limit
The maximum security deposit that landlords can demand or receive from tenant is sum of three months' rent and it must be specified in the written rental agreement. This aims to prevent exploitation of tenants through high deposits.
The landlord must return the deposit within one month of tenant vacation, after deducting valid liabilities
Period of Tenancy
Any tenancy agreement entered after the commencement of the TNRRRLT Act,2017 shall be for a period as agreed between the landlord and the tenant and as specified in the tenancy agreement.
Prior to the end of tenancy period, the tenant may approach the landlord for renewal or extension of the tenancy within the period agreed in the tenancy agreement and if both tenant and landlord agree to enter into a new tenancy agreement on mutually agreed terms and conditions may extent the tenancy period.
"If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by the tenant and where the landlord has not demanded possession of vacant premises 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, for a maximum period of six months."
The Hon'ble Madras High Court in its judgment S.Muruganandam Vs. J.Joseph, 2022 SCC OnLine Mad 375, held that according to the Sub Section (3) of Section 5 should renew the tenancy agreement within six months after the expiry of the tenancy agreement. Suppose Landlord and Tenant have failed to renew within the grace period of six months allowed by the TNRRRLT Act, 2017 and if the tenant does not enter into an agreement in writing as contemplated under Section 4(1) or (2), he would not be a tenant within the meaning of the TNRRRLT Act, 2017. Section 21(2) (a) makes failure on the part of the tenant or the landlord to enter into a written agreement of tenancy a ground for repossession by the landlord. Further Section 21(2) (a) does not specify as to the reason for failure to enter into an agreement in writing.
Looking into the non obstante clause in sub section (1) of Section 4 of the TNRRRLT Act-2017, whether a tenant who continues in possession after six months after expiry of the tenancy agreement under Sub Section (3) of Section 5 could be termed as a tenant holding over the premises or as a trespasser.
Eviction Conditions
In accordance with the provision of the subsection 2 of section 21 of the TNRRRLT Act,2017, a tenant shall be evicted during the tenancy period.
The Rent Court may make an order for the recovery of possession of the premises on one or more of the following grounds, namely:—TOPICS