Rent Control Act, Maharashtra 1999

Rent Control Act, Maharashtra 1999 by Saim Ashfaq Momin.
Master of Architecture in Urban Design

1. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999

2. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT ?? Tenant – An occupier who pay money to the real owner of the premises. Landlord - Person who is compensated for renting out his premises. Rent – Payment made by the tenant to the landlord. WHAT IS RENT CONTROL ? The practice of imposing a legal maximum (rent ceiling) upon the rent in a particular housing market, below the equilibrium rent is called rent control. The common thread running through Rent control Act and legislations is that they are intended to serve two purposes : To protect the tenant from eviction from the house ; To protect him from having to pay more than a standard rent.

3. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999 Prior to Rent Control Act; Bombay Rent, Hotel and Lodging House Rent Control Act for Bombay Region. The Central Provinces and Berar Act was prevailing in the area of Vidarbha and Hyderabad House (Rent, Eviction and Lease) Control Act 1954 was prevailing for Marathwada Region. This Act has been enacted; To unify, consolidate and amend the law For encouraging the construction of new houses.

4. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999 Enactment of the Act: Controlling rents so that they may not exceed beyond the standard rent or the fair rate, as the case may be, Regulating the repairs of the premises which may be or are demised and For encouraging the construction of new houses by assuring a fair return on the investments and to provide for the matters connected with the purposes aforesaid. WHY THE NEW LEGISLATION?? To bring rent control legislation in tune with the changed circumstances . Appointed the Rent Act Enquiry Committee, generally to study and examine the existing three rent control laws. Recommended that there should be one unified Act which would extend to whole of the state.

5. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999

6. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999 APPLICABILITY This Act shall apply to the premises let for the purposes of residence, education, business, trade or storage in the areas specified in Schedule I and Schedule II of the Act. This Act defines premises under Section 9 which includes garden, ground, garage and out houses. This Act is also applicable to premises let or given on licence to government or local authority

7. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN RENT CONTROL ACT MAHARASHTRA, 1999

8. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN SALIENT FEATURES OF THE NEW ACT The major changes effected by the new Act are as under : The definition of 'premises' does not include land. The Act does not make separate provisions for hotels and lodging house. The Act applies to the whole State of Maharashtra. The Act applies to buildings, structures, garages and outhouses. Increase in rent by 4% per annum in respect of premises let for purposes of residence, education, business, trade or storage. Increase in rent for any improvement or structural alterations to premises. Increase in rent due to alterations made or additional amenities provided. Landlord can also charge fine, premium or deposit as consideration for grant or renewal of a lease of any premises or giving consent thereto.

9. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN IMPORTANT PROVISIONS OF THE ACT As per Section 8, the Court may fix standard rent upon an application made. As per Section 14, landlord should keep premises in good repair. As per Section 15, landlord is not entitled to the recovery or possession of premises if tenant pays standard rent. Section 16 prescribes the occasions and the circumstances in which landlord may recover the possession of any premises, such as : (a) damage to property, (b) erection of permanent structure, (c) Nuisance (d) quit notice issued by tenant (e) subletting, (f) tenant has ceased to be in service/employment of landlord (g) bona fide requirement of landlord, (h) bona fide requirement for carrying out repairs,

10. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN SALIENT FEATURES OF THE NEW ACT ( i ) demolition of premises for erecting new building, (j) requirement for construction on terrace , (k) demolition as ordered by municipal authority, (l) the permission for construction granted by municipal authority, (m) rent charged by tenant for area sublet is in excess of standard rent, (n) Nonuser of premises for continuous period of 6 months preceding date of suit. CONCLUSION The Maharashtra Rent Control Act has, to a great extent, reduced the litigation period between the landlord and tenant. The new Act contains provisions to protect the honest and innocent tenant as well as to safeguard the rights and interests of needy landlord.

11. RIZVI COLLEGE OF ARCHITECTURE FIRST YEAR MASTER OF ARCHITECTURE URBAN DESIGN SAIM ASHFAQ MOMIN BIBLIOGRAPHY www.google.com https://housing.maharashtra.gov.in www.mja.gov.in https://m.timesofindia.com www.news18.com www.timesnownews.com