Latest news with #RentControlAct
Time of India
14 hours ago
- Politics
- Time of India
Telangana HC ends 16-year land row: Bholakpur slum status under review; collector told to act in 6 months, inform GHMC
HYDERABAD: The Telangana high court has disposed of a long-pending dispute over a property located in Bholakpur, Secunderabad, originally filed in 2008, along with a connected contempt case from 2021. Tired of too many ads? go ad free now The court directed the Hyderabad district collector to conduct an inquiry under the provisions of the Slum Improvement Act and to complete it within six months. The court further directed the collector to issue a reasoned order, taking into account all relevant facts, and to communicate the same to the petitioners in both the writ and contempt petitions, as well as to GHMC for necessary action. The dispute concerns approximately 12,056 square yards of private land known as 'Ramaswamy compound,' of which 9,000 square yards were notified as a slum area in 1999. The writ petitioners, claiming to be absolute owners of the land, challenged slum notification. Meanwhile, the contempt petitioners contested the 2007 GHMC eviction orders and a 2016 HC direction to maintain status quo. They also claimed to have been in possession of land for several decades, while the 2008 petitioners stated they had already secured eviction orders under Rent Control Act. While the petitioners in the contempt case alleged unauthorised demolition on the disputed land, the advocate commissioner's report found no proof of such activity.
Time of India
5 days ago
- Business
- Time of India
House lease: 5 rules landlords, tenants should follow for a peaceful tenancy
EVICTIONS RENT INCREASE COSTS & EXPENSES SECURITY DEPOSIT PRIVACY Rent raised by 12% in first year. No privacy; landlord visited every month without notice. Was made to bear the cost of replacing old, worn out fixtures. Make sure your rent agreement includes… Did you know...? In April this year, a landlord's heirs in Uttar Pradesh won a 60-year-long legal battle when the Supreme Court ordered the eviction of tenants who had illegally occupied their house for 63 years. In the battle that started in 1965, the property owner filed an eviction suit twice, lost the case both times, and eventually passed away, leaving his heirs to continue the fight. The tenants have now been asked to vacate the premises by 31 the case highlights acute harassment faced by landlords, tenants too have been known to grapple with privacy, cost sharing and eviction issues. In Hyderabad, Gautam Maramraju relives his experience as a tenant: 'I had to endure torture at the hands of my landlord as he would drop in unannounced every month, made me pay for replacing old fixtures, and increased the rent by 12% after the first year.'This, despite the Rent Control Act, 1948, being clearly skewed in favour of tenants. 'The Act favours tenants. It restricts rent hikes and makes it hard to evict tenants even after decades. While it was meant to protect tenants from arbitrary rent increases after Independence, it has led to several properties being stuck in litigation and below-market rental yields for landlords,' says Ritesh Mehta, Senior Director and Head, North, West & East, Residential Services, India, and disputes are virtually inevitable in a country with 27.37 million rental households (2011 Census), a legal framework skewed in favour of tenants, inconsistent norms on key issues like rent hikes and deposits, and widespread ambiguity on cost-sharing redressal channels are available for the affected parties, it is an option best avoided given the long and expensive route to resolution. A better approach is for both tenants and owners to know the guidelines on key conflict points, ensure a sound rental agreement, and apprise themselves of their rights and responsibilities.A written rent agreement is the first step toward a hassle-free tenancy. This legal document should spell out all details about the tenant's stay and terms of the landlord, including rent amount, date of payment, the percentage and frequency of rent increase, security deposit and its refund, costs and charges payable by the tenant and that borne by the landlord, privacy protocol and termination details, penalties, etc.'It legally safeguards both the landlord's and tenant's rights and clearly defines terms such as rent, deposit, duration of tenancy, and both parties' responsibilities. It also ensures transparency and protects tenants from unlawful demands or sudden eviction,' says Santhosh Kumar, Vice Chairman, ANAROCK Group. Agrees Mehta: 'It serves as legal proof in case of disputes and, without one, neither party has legal recourse in case of disagreements.'It's also best if you register the agreement because even though it's not mandatory to do so for tenancies of less than 12 months, it may not be accepted as evidence by a court in case of a is among the biggest bones of contention between the landlords and tenants. While the landlords do have a right to evict tenants, they cannot do so without a valid reason or without an adequate notice period.'They can do so only on legal grounds, such as end of the lease period, non-payment of rent, breach of lease terms, unauthorised sub-letting, damage to or illegal use of property, or if the landlord needs the property for personal or family's use,' says Kumar.31 years, MumbaiFlat was sub-let not by owner, but a tenant, who efused to give back security deposit and intimidated 2024August 2024Rs.1.5 lakhSent legal notice, filed a police complaint. Got back deposit.'For instance, if the tenant has done something which is destructive or permanently injurious to the premises, or has erected any permanent structure without the consent of the landlord, has caused nuisance to neighbours, or has given the premises to another person for a purpose other than for which it was leased, he can be evicted,' says Mansi Kaku, Advocate, Bombay High eviction must follow a due legal process. 'A notice period, typically one to three months, is essential, and landlords cannot forcefully remove tenants without a court order,' says on the other hand, have the right to contest an eviction and to stay till the end of the rental term unless they breach the terms of the landlord has the right to increase the rent, there is no defined pan-India norm that is prescribed or followed. The hike depends on market norms, the respective state's rent increase laws, or the terms of the rental only unspoken, but universally accepted, right of the tenant is that the landlord should not increase the rent arbitrarily mid-term, unless it has been specified in the tenant also has the right to be served a notice well before the proposed increase.'The rent is usually increased annually and can range from 5-10%, though this also depends on the local state laws and the rental agreement's specific rental escalation clause,' says Maharashtra, however, the annual rental hike is typically 4-8%, while some other states may see a rise of 10% every 2-3 years. The frequency of rise can also vary from 11 months to a year, or even once every 2-3 is generally accepted that bigger expenses are borne by the landlord, while smaller, routine costs are paid by the tenant. The former can include structural repairs, such as painting, plumbing, extensive electrical work or building renovation, and the latter would typically comprise bills for utilities like water or electricity, society maintenance fee, or minor repairs. Replacement of fixtures, such as fans, ACs or lights, due to wear and tear are usually considered the responsibility of the landlord, while repair cost can be borne by the tenant.'In Mumbai, it is customary and generally expected that the landlord pays the society maintenance charges. Tenants usually pay for utilities like electricity and gas,' says Vivek Rathi, National Director, Research, Knight Frank is also important that all these are clearly mentioned in the rent agreement to avoid any landlord has the right to demand a security deposit upfront as a guarantee for unpaid rent or damage to property, while the tenant has the right to seek its refund at the end of the tenancy period. 'I got back my security deposit of Rs.1.5 lakh after sending a legal notice, filing a police complaint, and refusing to shift till it was returned,' says Mumbai-based Chirag Garge, who was conned by a tenant into sub-letting a 1-BHK flat and even intimidated by quantum of the security deposit varies from state to state. 'In Mumbai, there is no strict legal cap, but typically ranges from two to three months' rent depending on the property type and locality,' says Rathi.'The Model Tenancy Act caps it at a maximum of two months' rent for residential properties and six months' rent for commercial properties, but this is not accepted in cities like Bengaluru, where it can be as high as 10 months' rent,' says practice being followed in cities like Mumbai is that of 'heavy deposit', wherein the tenant pays a lump sum worth several years of rent, and frees oneself from paying the monthly rent. This amount is usually not tenant has the right to privacy under Article 21 of the Constitution, allowing him to stay undisturbed in the rented accommodation. However, the landlord also has the right to inspect the property at a reasonable time after giving due notice. 'Landlords must give prior notice, usually 24-48 hours, before entering the premises, unless it's an emergency. Frequent or unannounced visits by the landlord are a breach of privacy and can be challenged legally,' says Mehta.40 years, Hyderabad20212023Rs.12,000 for 2-BHK builder floorTook no action against landlord, but decided not to rent any longer. Bought his own house despite financial faced this breach of privacy when his landlord would drop in every month without any notice. 'He would just barge in at any time to check on cleanliness and general upkeep of the house,' says the 40-yearold, who suffered so much that he decided to buy his own house despite his tight financial is important to mention this in the rental agreement to avoid any inconvenience later on. 'Besides, a Bombay High Court ruling in a 2018 case states that installing CCTV cameras to monitor movement without consent is also invasion of privacy,' says that the ownership status of the landlord is backed by proper documentation so that the tenant is not defrauded by a tenant sub-letting the rent amount, payment deadline, penalty for delayed payment, as well as the percentage and periodicity of rent the duration of lease, which is usually 11 months, as well as the minimum period of tenancy. If tenant vacates mid-term, specify the amount he forfeits, and if the landlord ends it, mention the penalty he is usually equal to 1-3 months' rent, but the amount should be clearly stated. Also list when the deposit is to be returned on the expiry of the the charges that are to be paid by tenant and landlord, including maintenance fee, renovation of building, flat's repairs, utility bills, or any other charges that the RWA or the society may fixtures, like fans, air conditioners, furniture, should be listed and the responsibility as well as the cost of their upkeep, replacement or repair should be you are a tenant or landlord, here are some things you should be familiar varies across the country, depending on the respective state's laws and rental contract. It typically ranges from 4-10% a year, though in some states, it can be hiked around 10% in 2-3 these are not the same. Security deposit is typically 2-3 months' rent that is deposited with the landlord and returned at the end of the tenancy period. Heavy deposit is a much higher lump sum, which could be equivalent to several years' rent, paid to the landlord, doing away with the need to pay monthly to this rule, a tenant can claim ownership provided he has lived in a property continuously, openly, without paying rent, and without the consent of the owner for at least 12 years after the lease expiry. If the owner has not asserted his rights under such circumstances, the tenant could possibly claim landlord cannot throw out a tenant's legal heirs or successors who were living with him, if they want to stay in the house for the remaining period as per the rent agreement. 'However, this right is not indefinite. Landlords can seek eviction through proper legal process after the term ends or with justified cause,' says Ritesh Mehta of not mandatory to register rental agreements if the tenure is less than 12 months. Agreements of shorter tenures may be legally enforceable, but may not be admissible in a court of law as evidence in case of a dispute.
Time of India
15-05-2025
- Business
- Time of India
Uttar Pradesh government to cap registration fee for rent agreements
LUCKNOW : A major relief in the registration of rent agreements is on the cards. The department of stamp and registration is working on a proposal to reduce and cap the registration amount for lease deeds. The changes are being considered in light of the existing rules, under which registration is an expensive exercise. This often leads people to not register deeds, making them ineligible for relief under the Rent Control Act. Govt is now proposing to cap the registration amount at Rs 500 if the annual rent is less than Rs 2 lakh, Rs 5,000 if the rent is between Rs 2 and 5 lakh, and Rs 20,000 if it is above that. Ravindra Jaiswal, minister of state (independent) stamp and registration, told TOI that currently the stamp duty for registering a rent agreement for commercial or residential property is 4%. Given that a property is rented for three years at a monthly rent of Rs 20,000, the stamp duty of 4% on the total rent of Rs 7.20 lakh for this duration would be Rs 28,800, he stated. "Now, the issue would often be of who would pay this amount. People often found it expensive. However, the drawback of this would be that in case of any dispute between tenant and owner, nobody would benefit from the provisions of the Rent Control Act of 2021 if the lease was unregistered. To make this entire process simple, we are looking at the possibility of capping this amount," the minister said, adding if the proposal was accepted, the stamp duty in the example provided by him would be only Rs 5,000. The other proposal under consideration, after a meeting with Chief Minister Yogi Adityanath a few days earlier, is to allow a rebate of 1% on the registration of properties to women. This rebate would be applicable on properties with a value of up to Rs 1 crore. Till now, this rebate was on properties with a value of just Rs 10 lakh. The move is expected to see a rise in the registration of properties in the name of women, giving them more financial independence. The CM also proposed capping the stamp duty on the division of ancestral immovable property among family members, which includes a living person and their three preceding generations, to a maximum of Rs 5,000. Jaiswal said that the department was preparing a detailed note on the proposed changes and that it would be sent to the Cabinet for approval within the next couple of months.
Time of India
14-05-2025
- Business
- Time of India
UP govt to cap registration fee for rent agreements
Lucknow: A major relief in the registration of rent agreements is on the cards. The department of stamp and registration is working on a proposal to reduce and cap the registration amount for lease deeds. The changes are being considered in light of the existing rules, under which registration is an expensive exercise. This often leads people to not register deeds, making them ineligible for relief under the Rent Control Act. Govt is now proposing to cap the registration amount at Rs 500 if the annual rent is less than Rs 2 lakh, Rs 5,000 if the rent is between Rs 2 and 5 lakh, and Rs 20,000 if it is above Jaiswal, minister of state (independent) stamp and registration, told TOI that currently the stamp duty for registering a rent agreement for commercial or residential property is 4%. Given that a property is rented for three years at a monthly rent of Rs 20,000, the stamp duty of 4% on the total rent of Rs 7.20 lakh for this duration would be Rs 28,800, he stated. "Now, the issue would often be of who would pay this amount. People often found it expensive. However, the drawback of this would be that in case of any dispute between tenant and owner, nobody would benefit from the provisions of the Rent Control Act of 2021 if the lease was unregistered. To make this entire process simple, we are looking at the possibility of capping this amount," the minister said, adding if the proposal was accepted, the stamp duty in the example provided by him would be only Rs 5, other proposal under consideration, after a meeting with Chief Minister Yogi Adityanath a few days earlier, is to allow a rebate of 1% on the registration of properties to women. This rebate would be applicable on properties with a value of up to Rs 1 crore. Till now, this rebate was on properties with a value of just Rs 10 lakh. The move is expected to see a rise in the registration of properties in the name of women, giving them more financial CM also proposed capping the stamp duty on the division of ancestral immovable property among family members, which includes a living person and their three preceding generations, to a maximum of Rs 5,000. Jaiswal said that the department was preparing a detailed note on the proposed changes and that it would be sent to the Cabinet for approval within the next couple of months.
Hindustan Times
10-05-2025
- Business
- Hindustan Times
Reimagining Mumbai: experts call for better public transport, affordable housing, natural open spaces
Mumbai: Mumbai cannot handle the burden of the exponential redevelopment boom it is undergoing, and an alternative is direly needed: this was the consensus that emerged at a panel discussion titled Reimagining Mumbai's Future, held at The Asiatic Society on Friday evening. 'If you replace a neighbourhood of densely packed four-storey buildings with 20 40-storey buildings, like in Bhendi Bazaar, you will face the consequences,' said Mustansir Dalvi, an architect and professor. Organised by Art Deco Mumbai, the panel featured the platform's founder trustee, Atul Kumar, speaking with Dalvi, conservation architect Vikas Dilawari, and Dr Jehangir Sorabjee, head of the department of medicine at Bombay Hospital. Mumbai, in the past, has been a city that has used crises, like the plague, to propel itself towards improvement, said Kumar. 'Planned neighbourhoods, like Matunga, Shivaji Park, and Colaba backbay, emerged through the Bombay Improvement Trust (BIT), which was formed after the plague in 1896. These had grids, wide roads, parks, and schools, which all formed a complete neighbourhood.' Things changed, in part, due to Mumbai's ever-increasing population, which Sorabjee's profession took the fall for. 'In the 1920s, the average lifespan in Mumbai was 26 years,' he said. 'In the 1950s, it was 34 years. In the 1990s, it was 56 years, and now it is 70 years. Every two years, the number of people in the city increases by a million.' But one crucial change has led Mumbai to the point it is at today. 'Mumbai had building codes that restricted the height of buildings depending on the width of the road, based on an angle, to ensure homes on the ground floor received adequate sunlight and air,' said Dalvi. 'This changed when, in the '60s, the first Development Plan (DP) brought in the concept of Floor Space Index (FSI), replacing housing's primary aim of habitability with monetisation. This is what has led to terms such as carpet area, built-up area, super built-up area, etc. Housing is now about exchange value.' Dilawari also pointed fingers at the Rent Control Act, which was introduced in 1999. While most countries have abolished it, it continues to incentivise landlords in Mumbai to keep old buildings unmaintained and instead opt for redevelopment. With real estate's force as a market, fueled by speculation, Dalvi remarked that Mumbai has changed from being a rental city to one obsessed with ownership. This has come with a decrease in open spaces, unplanned development, and a lack of affordable housing. All of these factors meant the panel at large was not optimistic about Mumbai's future. 'In the next three to five years, the consequences of the way Mumbai is changing will fructify,' said Kumar. Sorabjee spoke of his ground-floor home being surrounded now by five immense towers. 'This has become a very stressful city, and there is little harmony left in it,' he said. 'We have been witness to development that is largely car-centric and for the upper middle class and wealthy. Those who need and use public transport, unfortunately, do not have a strong lobby or political will attached to it. A lot of the decisions are being made ad hoc, like the six-lane road at Marine Drive, without proper traffic studies and assessment of the impact on the area,' Sorabjee added. When Kumar asked the experts what was on their wish list for the city, a few unanimous choices emerged: better public transport, affordable housing and natural open spaces. 'If we can concentrate on these few things, the future of the city can still be turned around, and it can be given a chance to shine,' said Dilawari. Climate change weighed heavily on Dalvi's mind, who reckoned that without attention being given to it, Mumbai by 2050 will revert to its original state of seven disparate islands. When an audience member asked if there remained any hope for the neglected suburbs of the city, Malad in particular, Sorabjee was pessimistic still. 'That would take a crisis,' he mused.
