No extra lock for rented house without owner nod

By C Shivakumar  |  Express News Service  |   Published: 19th September 2017 02:12 AM  |  

CHENNAI: In an effort to streamline dispute-ridden rent agreements, the rules drafted under the Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants Rules - 2017  propose to put in place stipulations, including barring tenants from making any alterations. This will cover even installation of an additional lock in any door without prior consent.The tenant will have to pay the rent in advance if the premises is left unoccupied for 15 days or more, failing which the landlord has the right to take immediate possession of the property and to bar the tenant from returning.

On the other hand, if the landlord defaults in returning the advance paid, he is liable to pay 18 per cent annual interest on the sum, from the date of recovery of possession of the tenant’s  premises, under the proposed rules.If a landlord recovers the possession of premises, he will have to take the permission of a rent court to re-let part or the entire premises within three years from the date of obtaining such possession. If he re-lets it without permission, he is liable to pay a penalty of ` 10,000.

Under the rules, such rent courts will play a significant role in settling disputes between tenants and landlords. Across the State, 36 courts will be set up, including three in Chennai Corporation limits alone —one each in Chennai North, Chennai Central and Chennai South.Similarly, the government has constituted a principal rent tribunal in Chennai having the jurisdiction of Madras High Court, and a rent tribunal at Madurai having the rent jurisdiction of Madurai Bench of Madras High Court.

As per the new rent Act, the courts and tribunals will not be bound by the procedure in the Code of Civil Procedure,  but shall be guided by principles of natural justice and shall have the power to regulate their own procedure.The draft rules exempt buildings owned by cooperative society, government companies registered under Companies Act, monuments or any building for five years from the date on which the construction is completed and notified to local authority concerned.

Factfile

A tenant can’t make any alteration without landlord’s prior consent

No additional lock should be installed on any door without permission of landlord

If the tenant leaves the premises unoccupied for 15 days without paying rent in advance, the landlord has the right to take possession of the property and to bar the tenant from returning