[16
of 2021] [24
August 2021] An Act to establish Rent Authority and
Rent Tribunals to regulate renting of premises and to protect the interests of
landlords and tenants and to provide speedy adjudication mechanism for
resolution of disputes and matters connected therewith or incidental thereto. IT Is Hereby enacted in the Seventy
second Year of the Republic of India as fol lows: - CHAPTER 1 Preliminary (1) This Act
may be called the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. (2) It extends
to the whole of the Uttar Pradesh. (3) It shall
apply to:- (a) every city
as defined in the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act no. 2
of 1959); (b) every
municipal area as defined in the Uttar Pradesh Municipalities Act,1916(U.P. Act
no. 2 of 1916); (c) every
development area notified under Uttar Pradesh Urban Planning and Development
Act, 1973 (Presidents Act no. 11 of 1973); (d) every
special development area notified under the Uttar Pradesh Special Area
Development Authorities Act, 1986 (U.P. Act. no. 9 of 1986); (e) every
Industrial Development Area -notified under Uttar Pradesh Industrial Area
Development Act, 1976 (U.P./Act. no. 6 of 1976); (f) every
Regulated area notified under the Uttar Pradesh (Regulation of Building
Operations) Act, 1958 (U.P. Act. no. 34 of 1958); (g) every area
relating to various housing schemes of Uttar Pradesh Avas Evam Vikas Parishad
constituted under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965
(U.P. Act. no. 1 of 1966): 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 this Act or any part thereof shall apply to such area,
and thereupon this Act or part shall apply to such area. (4) It shall
be deemed to have come into force with effect from January 11,2021. In this Act, unless the context
otherwise requires,- (a) "force
majeure" means a situation of war, flood, drought, fire, cyclone,
earthquake, pandemic or any other calamity caused by nature affecting the
habitation of the tenant in the premises let out on rent; (b) "landlord",
whether called landowner or lessor or by any other name, means a person who
receives or is entitled to receive, the rent of any premises, on his own
account, if the premises were let to a tenant, and shall include,- (i) his
successor, transferee or assignee; (ii) a trustee
or guardian or receiver receiving rent for any premises or entitled to so
receive, on account of or on behalf of or for the benefit of, any other person
such as minor or person of unsound mind who cannot enter into a contract; (c) "premises"
means any building or part of a building which is, or is intended to be, let on
rent for the purpose of residence or for commercial or for educational use,
except for industrial use and includes,- (i) garden,
garage or closed parking area, vacant land, grounds and out-houses, if any,
appertaining to such building or part of the building; and (ii) any
fitting to such building or part of the building for the more beneficial
enjoyment thereof, but does not include premises such as hotel, lodging house,
dharamshala or inn; (d) "property
manager" means a person or any legal entity who is authorized by the
landlord to manage the premises and who represents the landlord in his dealings
with the tenant; (e) "Rent
Authority" means an officer appointed under section 30; (f) "Rent
Tribunal" means a Tribunal within the meaning of section 32; (g) "
Rent payable" in relation to any premises means the rent as specified in
section 8; (h) "
Sub-tenant" means a person to whom the tenant sublets whole or part of the
premises held by him or transfers or assigns his rights accrued under the
tenancy agreement or any part thereof upon entering into a supplementary
agreement to the existing tenancy agreement; (i) "Tenancy
Agreement" means an agreement in writing executed between landlord and tenant
for the purposes of letting the premises of landlord in consideration of rent
payable; (j) "
Tenant", whether called lessee or by any other name, means a person by
whom or on whose account or on behalf of whom, the rent of any premises is
payable to the landlord under a tenancy agreement and includes any person
occupying the premises as a sub-tenant and also, any person continuing in
possession, after the termination of his tenancy whether before or after the
commencement of this Act; but shall not include any person against whom any
order or decree for eviction has been made. (1) Nothing in
this Act shall apply to any,- (i) premises
owned by the Central Government or State Government or Unioh Territory Administration
or a Government undertaking or enterprises or a statutory body or Cantonment
Board; (ii) premises
owned by a company, University or organisation given on rent to its employees
as part of service contract; (iii) premises
owned by religious or charitable institution as may be specified, by
notification by State Government; (iv) premises
owned by Auqaf registered under the Waqf Act, 1995 (Act. no. 43 of 1995) or by
any public trust registered under applicable law; (v) other
building or category of buildings specifically exempted in public interest by
notification by the State Government. (2) Notwithstanding
anything contained in sub-section (1), if the owner and tenant of the premises
referred to in clause (i) to clause (v) of the said sub-section agree that the
tenancy agreement entered into between such landlord and tenant be regulated
under the provisions of this Act, such landlord may inform the Rent Authority
of the agreement to do so at the time of information of the tenancy agreement
under section 4. CHAPTER 2 TENANCY (1) Notwithstanding
anything contained in this Act or any other law for the time being in force, no
person shall, after the commencement of this Act, let or take on rent any
premises except by an agreement in writing, which shall be informed to the Rent
Authority by the landlord and tenant jointly, in the form specified in the
First Schedule within a period of two months from the date of tenancy
agreement: Provided that in cases of residential
tenancies for a period of less than twelve months, the landlord and tenant
shall not be required to inform the Rent Authority about such tenancy. (2) Where the
landlord and the tenant fail to jointly inform the execution of the tenancy
agreement referred to in sub-section (1), the landlord and tenant shall
separately inform the execution of tenancy agreement to the Rent Authority
within a period of one month from the date of expiry of the period specified in
sub-section (1). (3) Where, in
relation to a tenancy created before the commencement of this Act,- (a) if an
agreement in writing was entered into between the landlord and the tenant, they
shall jointly present a copy thereof to the Rent Authority within three months
of the commencement of this Act. (b) if 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
to the Rent Authority within three months of the commencement of this Act: Provided that where the landlord or
the tenant fail to present jointly a copy of the tenancy agreement or fail to
reach an agreement within specified period, such landlord and tenant shall
separately file the particulars about such tenancy with the Rent Authority
within one month from the date of expiry of period mentioned in clause (b)
above, in the form specified in First Schedule. If the landlord has submitted
his particulars within the specified period but tenant fails to submit such
particulars, the landlord may file an application for eviction on this ground
alone: Provided further that during such
eviction proceedings, the Rent Authority shall, notwithstanding anything
contained in this Act, decide interim rent payable by the tenant during such
adjudication. (4) The State
Government shall, put in place a digital platform in the Hindi or English
language for enabling submissions of document in such form and manner as may be
prescribed. (5) The Rent
Authority shall, after receiving information about the execution of tenancy
agreement along with the documents specified in the First Schedule, provide a
unique identification number to the parties. (6) The terms
of authorization of the property manager, if any, by the landlord to deal with
the tenant shall be such as agreed to by the landlord and tenant in that behalf
in the tenancy agreement. (7) The
information provided under sub-sections (1), (2) and (3) shall be conclusive
proof of the facts relating to tenancy and matters connected therewith, and in
the absence of any statement of information, the landlord may file an
application for eviction on this ground alone. (1) Every
tenancy entered into after the commencement of this Act shall be valid for a
period as agreed upon between the landlord and the tenant, and as specified in
the tenancy agreement. (2) The tenant
may request the landlord for renewal or extension of the tenancy, within the
period agreed to in the tenancy agreement, and if agreeable to the landlord,
may enter into a new tenancy agreement with the landlord on mutually agreed
terms and conditions. (3) Where a
tenancy for a fixed term ends and has not been renewed or the tenant fails to
vacate the premises at the end of such tenancy, then such tenant shall be
liable to pay an enhanced rent to the landlord as provided in section 23: Provided that notwithstanding anything
contained in this section, if the term of tenancy expires at a time when the
locality where the premises let out on rent is situated, is affected by any
disastrous event of force majeure, then, subject to requisition by the tenant,
the landlord shall allow the tenant to continue in possession of the said
premises till a period of one month from the date of cessation of such
disastrous event, on the same terms and conditions of the tenancy agreement
already entered into. (1) The terms
of agreement executed between landlord and tenant, shall be binding upon their
successors in the event of the death of the landlord or tenant, as the case may
be, and in such case, the successor of the deceased landlord or tenant shall
have the same rights and obligations as agreed to in the tenancy agreement for
the remaining period of such tenancy. (2) In the
event of death of a tenant, of residential tenancy, the right of tenancy shall
devolve for the remaining period of tenancy on his successors, namely:- spouse; son or daughter or where there
are both son and daughter, both of them; parents; daughter-in-law, being the
widow of his pre-deceased son; 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. (3) In the
event of death of a tenant of non-residential tenancy, the right of tenancy
shall devolve for the remaining period of tenancy on the person who has
succeeded the business of deceased Jenant. (4) Every
application for substituting the names of the heirs or legal representatives,
the claimants-occupants or any person who was a party to any proceedings under
this Act and died during the pendency of the proceedings, shall be preferred
within one month from the date of the death of such person. (5) 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 Rent Authority or Rent
Tribunal, as the case may be. (6) Whenever a
pleader appearing for a party to the case comes to know of the death of that
party, he shall inform the Rent Authority or Rent Tribunal, as the case may be,
about it, and the Rent Authority or Rent Tribunal, as the case may be, shall
thereupon give notice of such death to the other party, and, for this purpose,
the contract between the pleader and the deceased party shall be deemed to
subsist. (1) After the
commencement of this Act, no tenant shall, except by entering into a
supplementary agreement to the existing tenancy agreement:- (a) sub-let
whole or part of the premises held by him as a tenant; (b) transfer
or assign his rights in the tenancy agreement or any part thereof. (2) Where the
premises is sub-let upon entering into a supplementary agreement to the
existing tenancy agreement as referred to in sub- section (1), the landlord and
tenant shall jointly inform the Rent Authority about the sub-tenancy within a
period of two months from the date of execution of such agreement in the form
specified in the First Schedule. CHAPTER 3 Rent The rent payable in respect of a
premises shall be the rent agreed to between Rent payable the landlord and the
tenant in accordance with the terms of the tenancy agreement or as revised
under section 9 or determined under section 10. (1) The
revision of rent between the landlord and the tenant shall be in accordance
with the terms of the tenancy agreement. (2) Where,
after the commencement of tenancy, the landlord has entered into an agreement
in writing with the tenant prior to the commencement of the work and has incurred
expenditure for carrying out improvement, addition or structural alteration in
the premises occupied by the tenant, which does not include repairs necessary
to be carried out under section 15, the landlord may increase the rent of the
premises by an amount as agreed to between the landlord and the tenant, and
such increase in rent shall become effective from one month after the
completion of such work. (3) Subject to
any agreement in writing, where the premises have been let out before the
commencement of this Act, the rent thereof shall be liable to be revised for a
further period of two years from the commencement of this Act, according to the
formula indicated below:- (a) where the
premises have been let out prior to 15-07-1972, it shall be deemed to have been
let out on 15-07-1972; (b) where the
premises have been let out on or after 15-07-1972, the date for revision of
rent shall be one year after the date of commencement of tenancy. The rate of rent payable in above
cases 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 rate 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 up to the commencement of
this Act. Notwithstanding anything mentioned
above, if rent of premises had been revised during continuance of tenancy after
15-07-1972, the formula of revision of rent mentioned above shall be applicable
from the date of such revision of rent: Provided that notwithstanding anything
mentioned above , the revised rent payable as per formula indicated in
aforesaid provision, shall be payable as below from the date of commencement of
this Act:- (i) in the
first year, half of the rent so computed; and (ii) in the
second year, full amount of rent so computed. (4) Notwithstanding
anything contained in sub-section (1) of section 3 wherein any premises
referred to, has been let out to a tenant, the landlord of such premises shall
also be entitled for revision of rent in accordance with provisions of clause
(3)and the . relevant provisions of this Act shall apply to such cases. (5) In the
case of tenancy entered into before the commencement of this Act the landlord
shall, by notice in writing to the tenant, demand the enhanced the rate of rent
as specified under sub-section (3) and the rate of rent so enhanced shall be
payable within 30 days of the service of notice. In such event the tenancy
agreement shall be deemed to be amended and enhanced rate of rent shall be the
rent payable under section 8: Provided that if there was no tenancy
agreement before the commencement of this Act, the landlord and the tenant may
mutually agree to execute tenancy agreement for enhanced rate of rent failing
which the rent authority shall determine the enhanced rent subject to the
provisions of section 10. (6) No arrears
of aforesaid enhanced rent shall be payable or recoverable for the period prior
to commencement of this Act. (1) In case of
any dispute between the landlord and the tenant regarding revision of Rent, the
Rent Authority may, on an application made by the landlord or tenant, determine
the revised rent and other charges payable by the tenant and also fix the date
from which such revised rent becomes payable. (2) In
determining the rent to be revised, the Rent Authority may be guided by the
prevailing market rent in the surrounding areas let out on rent. (3) Once a
determination under this section has been made, no application for fresh
determination shall lie for a period of one year after the said determination. (4) The Rent
Authority may determine provisional rent during the proceedings for revision of
rent which shall be subject to final determination. (1) The
security deposit to be paid by the tenant in advance shall be such as may be
agreed upon between the landlord and the tenant in the tenancy agreement, which
shall- (a) not exceed
two months rent, in case of residential premises; and (b) not exceed
six months rent, in case of non-residential premises. (2) The
security deposit shall be refunded to the tenant on the date of taking over
vacant possession of the premises from the tenant, after making due deduction
of any liability of the tenant. CHAPTER 4 RIGHTS AND
OBLIGATIONS OFTHE LANDLORD AND THE TENANT The tenancy agreement shall be signed
in duplicate by both the landlord and the tenant, and one each of such original
signed tenancy agreement shall be retained by the landlord and the counterpart
of such agreement by the tenant. (1) Every
tenant shall pay rent and other charges payable within such period as agreed to
in the tenancy agreement. (2) Every
landlord or his property manager shall, on receipt of payment towards rent and
other charges payable within the stipulated period as in the tenancy agreement
from the tenant, provide forthwith against acknowledgement, a duly signed
receipt for the amount received by him: Provided that where the payment of
rent or other charges is made by the tenant to the landlord through the
electronic mode, the bank acknowledgement thereof shall be the conclusive proof
of such payment: Provided further 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. (1) Where the
landlord refuses to accept any rent and other charges payable or refuses to
give a receipt, the rent and other charges shall be paid to the /landlord by
postal money order or any other method, in such manner as may be prescribed,
consecutively for two months, and if the landlord refuses to accept the rent
and other charges within such period, then the tenant may deposit the same with
the Rent Authority in such manner as may be prescribed. (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 alongwith 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 circumstances for which the application for depositing the rent and
other payable charges is made; (e) such other
particulars as may be necessary. (3) Where the
tenant is unable to decide as to whom the rent is payable during the period of
tenancy agreement, the tenant may, in such case, deposit the rent with the Rent
Authority in such manner as may be prescribed. (4) Where the
rent is deposited under sub-section (3), the Rent Authority shall enquire the
case as to whom the rent is payable and pass orders as he may deem fit on the
basis of the facts of the case. (5) The
withdrawal of rent and other charges payable, deposited under subsection (1) or
sub-section (2), shall not by itself operate as an admission against the
landlord or any other claim made by the tenant, if the landlord withdraws it to
the extent of rent agreed upon under the tenancy agreement. (1) Notwithstanding
any agreement in writing to the contrary, the landlord and the tenant shall
keep the premises in as good a condition as at the commencement of the tenancy,
except for normal wear and tear, and shall respectively be responsible to
repair and maintain the said premises as specified in the Second Schedule or as
agreed to in the tenancy agreement. (2) In case of
common facilities shared among the tenants or with the landlord, the respective
responsibilities of the tenant and landlord to repair and maintain those
facilities shall be such as may be specified in the tenancy agreement. (3) If the
tenant fails or refuses to carry out the repairs referred to in subsection (1)
or sub-section (2), the landlord may carry out the repairs and deduct the
amount incurred for such repairs from the security deposit and the amount so
deducted shall be paid by the tenant within a period of one month of the issue
of notice by the landlord in that regard: Provided that if the cost for such
repairs exceed the security deposit, the tenant shall be liable to pay the
excess cost including the security deposit so deducted to the landlord within a
period of one month of the issue of notice by the landlord in that regard. (4) In case
the landlord refuses to carry out the repairs referred to in subsection (1) or
sub-section (2), the tenant may carry out such repairs and deduct the
expenditure incurred towards the same from the rent to be paid for the
succeeding months: Provided that in no case the deduction
from rent in any one month shall exceed fifty per cent of the agreed rent for a
month. (5) Where the
premises is uninhabitable without the repairs and the landlord refuses to carry
out the required repairs, after being called upon by the tenant in writing to
do so, the tenant may abandon the premises after giving the landlord a fifteen
days notice in writing. (6) Where the
premises let out on rent becomes uninhabitable for the tenant due to an event
of force majeure or the tenant is unable to reside due to occurrence of such
event, the landlord shall not charge rent from the tenant until the said
premises is restored by the landlord, subject to the provisions of this
section, to be inhabitable: Provided that where the rented
premises becomes uninhabitable as specified in sub-section (5) or this
sub-section and the landlord fails to carry out the required repairs to make it
inhabitable or the said premises could not be made inhabitable, then, the
security deposit and advance rent shall be refunded by the landlord to the
tenant within a period of fifteen days of the expiry of the notice period,
after making due deduction of liability of the tenant, if any. During the subsistence of tenancy, the
tenant shall,- (a) not
intentionally or negligently damage the premises or permit such damage; (b) inform the
landlord in writing of any damage; (c) take
reasonable care of the premises and its contents including fitting and fixtures
and keep it reasonably habitable having regard to its condition at the
commencement of tenancy and the normal incidence of living. (1) Every landlord
or the properly manager may enter the premises let out on rent after serving a
notice, in writing or through electronic mode, to the tenant at least twenty
four hours before the time of entry under the following circumstances, namely:- (a) to carry out
repairs or replacement or to do or to get work done in the premises; or (b) to carry
out an inspection of the premises for the purpose of determining whether
premises are in a habitable state; or (c) for any
other reasonable cause for entry specified in the tenancy agreement. (2) The notice
shall specify the day, time and reason for entry: Provided that no person shall enter
the premises before sunrise and after sunset: Provided further that nothing
contained in this section shall prevent the landlord from entering into the
premises let out on rent without prior notice to the tenant in case of emergent
situations like war, flood, fire, cyclone, earthquake or any other natural
calamity, which may affect that premises. In case the landlord has engaged a
property manager, the landlord shall provide the following information to the
tenant, namely:- (a) name of
the property manager; (b) proof that
such property manager is authorized by the landlord; (c) specific
purposes for which the property manager has been authorized by the landlord and
the period of such authorization; and (d) if the
property manager is a legal entity, the name of the entity and the person
authorized in this behalf by that legal entity who may be contacted in relation
to the tenancy agreement. (1) The duties
of the property manager shall include the following, namely:- (a) to collect
rent against receipt; (b) to do
essential repairs on behalf of the landlord; (c) to inspect
the premises from time to time; (d) to give
notices to the tenant for,- (i) proper
maintenance of the premises; (ii) delay in
payment of rent; (iii) revision
of rent; (iv) vacation
of premises; (v) renewal of
tenancy; (e) to help in
resolution of disputes amongst tenants; (f) any other
matters relating to tenancy to be acted upon only on the instructions of the
landlord. (2) Where the
property manager acts in contravention of the provisions of subsection (1) or
against the instructions of the landlord, the Rent Authority may, on an
application made to it by the landlord or tenant in that behalf, remove the
property manager or impose such costs on the property manager so as to
compensate any loss incurred by the landlord or tenant due to such contravention. (1) No
landlord or property manager shall, either by himself or through any other
person, withhold any essential supply or service in the premises occupied by
the tenant. (2) In case of
contravention of the provisions of sub-section (l)and on application made by
the tenant in this behalf, the Rent Authority after examining the matter, may
pass an interim order directing the restoration of supply of essential services
immediately on service of such order upon landlord or property manager, as the
case may be, pending the inquiry referred to in sub-section (3). (3) The Rent
Authority shall conduct an inquiry in respect of the application made by the
tenant under sub-section (2), and complete the inquiry within one month of
filing of such application. (4) The Rent
Authority may, after giving a reasonable opportunity of being heard, award a
compensation not exceeding two months rent to be paid by the person responsible
for withholding the essential supply, so as to compensate the loss incurred. (5) The Rent
Authority may levy a penalty of a sum not exceeding twice the monthly rent to
the tenant, if it finds that the application was frivolous or vexatious. Explanation :- For the purposes of
this section, essential services includes supply of water, electricity, piped
cooking gas supply, lights in passages, lifts, staircase, conservancy, parking,
communication links and sanitary services; CHAPTER 5 Protection
of Tenant Against Eviction, Recovery of possession of Premises By Landlord (1) A tenant
shall not be evicted during the continuance of tenancy agreement unless
otherwise agreed to in writing by the landlord and tenant, except in accordance
with the provisions of sub-section (2) or in accordance with the provisions of
section 22: Provided that where the landlord has
acquired the premises by sale deed 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 unless
a period of one years has elapsed from the date of such acquisition, or expiry
of tenancy agreement executed in between the erstwhile landlord and the tenant,
whichever is earlier: Provided further 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. (2) The Rent Authority
may, on an application made to it by the landlord in such manner as may be
prescribed, make an order for eviction and recovery of possession of the
premises on one or more of the following grounds, namely:- (a) that the
tenant does not agree to pay the rent payable under section 8; (b) that the
tenant has not paid the arrears of rent and other charges payable in full as
specified in sub-section (1) of section 13 for two consecutive months,
including interest for delayed payment as may be specified in the tenancy
agreement within a period of one month from the date of service of notice of
demand for payment of such arrears of rent and other charges payable to 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 no.
4 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 "two
months" in this clause shall be deemed to have been substituted by the
words "one year"; (c) that the
tenant has, after the commencement of this Act, parted with the possession of
whole or any part of the premises without obtaining the written consent of the
landlord: Provided that in case, the tenant is a
firm, then in case df change of proprietor or partners of firm or its nature of
business, the prior endorsement of landlord has not been obtained in writing; (d) that the
tenant has continued to misuse the premises even after receipt of notice from
the landlord to desist from such misuse. Explanation.- For the purposes of this
clause, "misuse of premises" means encroachment of additional space
by the tenant or use of premises for a purpose other than the purpose permitted
in the tenancy agreement or use of premises which causes public nuisance or
causes damage to the property or is detrimental to the interest of the landlord
or for immoral or illegal purposes; (e) where it
is necessary for the landlord to carry out any repair or construction or
rebuilding or addition or alteration or demolition in respect of the premises
or any part thereof, which is not possible to be carried out without the premises
being vacated: Provided that after such repair,
construction, rebuilding, addition or alteration, the tenant may be allowed to
reoccupy the premises only when it has been mutually agreed to between the
landlord and the tenant and a new tenancy agreement has been submitted with the
Rent Authority: Provided further that the tenant shall
not be allowed to reoccupy the premises,- (i) in the
absence of submission of such mutual tenancy agreement with the Rent Authority;
and (ii) in cases
where the tenant has been evicted under the orders of a Rent Authority; (f) that the
premises or any part thereof is required by the landlord for carrying out any
repairs, construction, rebuilding, additions, alterations or demolition, for
change of its use as a consequence of change of land use by the competent
authority; Explanation :- For the purposes of
this clause, the expression*"competent authority" means the Municipal
Corporation or the Municipality or the Development Authority or any other
authority, as the case may be, which provides permission on matters relating to
repair or redevelopment or demolition of building or permission for change in
land use; (g) that the
tenant has given written notice to vacate the premises let out on rent and in
consequence of that notice the landlord has contracted to sell the said
premises or has taken any other step, as a result of which his interests would
seriously suffer if he is not put in possession of that premises; (h) that the
tenant has carried out any structural change or erected any permanent structure
in the premises let out on rent without the written consent of the landlord; (i) that in
violation of section 7, the tenant has sub-let whole or part of the premises
held by him or has transferred or assigned his rights in the tenancy agreement
or part thereof; (j) that where
the tenancy stands determined by efflux of time; (k) that the
tenant has allowed the premises to be occupied by any person who is not a
member of his family; Explanation:- For the purposes of this
clause, family means spouse, male lineal descendants, such parents,
grandparents, any unmarried, widowed, divorced, judicially separated daughter,
daughter of a male descendant or widowed daughter-in-law as may have been
normally residing with him or her. (l) that the
tenant has substantially removed his effects from the premises; (m) that the
premises are required by landlord either in its existing form, after demolition
and new construction thereof for the purpose of its occupation by landlord. (3) No order
for eviction of the tenant on account of failure to pay the rent specified in
clause (b) of sub-section (2) shall be made, if the tenant makes payment to the
landlord or deposits with the Rent Authority the arrears of rent and other
payable charges, if any, including interest within one month from the date of
service of the said demand notice upon him. (4) Where the
tenant fails to pay the rent consecutively for two months subsequent to the
grant of the relief specified in sub-section (3) in any one year, then the
tenant shall not be entitled to such relief again. (5) In any
proceedings for eviction under clause (e) of sub-section (2), the Rent
Authority may allow eviction from only a part of the premises, if the landlord
agrees for the same. (1) Notwithstanding
anything contained in this Act or any other law for.the time being in force, in
case of death of the landlord, where there is a requirement of the premises let
out on rent by the legal heirs of the landlord during the period of tenancy,
such legal heirs may file an application in this behalf for eviction and
recovery of possession of the said premises before the Rent Authority in such
form and manner, as may be prescribed. (2) The Rent
Authority may, on an application made to it under sub-section (1), if it is
satisfied that the legal heirs of the deceased landlord are in requirement of
the premises let out on rent, pass necessary orders against the tenant for handing
over vacant possession of the said premises to the legal heirs of the deceased
landlord. Where the tenant fails to vacate the
premises let out on rent in accordance with the tenancy agreement on the
expiration of the period of tenancy or termination of tenancy by an order or
notice under the provisions of this Act, such tenant shall be liable to pay the
landlord- (a) twice the
monthly rent for the first two months; and (b) four times
the monthly rent thereafter till the tenant continues to occupy the said
premises. (1) Where a
landlord exercises the right of recovery of possession under sub-section (2) of
section 21 or under section 22, and he had received any rent or any other
payment in advance from the tenant, he shall before recovery of possession,
refund to the tenant such amount after deducting the rent and other charges due
to him. (2) If the
landlord fails to make any refund, he shall be liable to pay simple interest to
the tenant at such rate as may be prescribed from time to time on the amount
which he has omitted or failed to refund. In any proceedings for recovery of possession
on any ground other than that referred to in clause (a) or clause (b) of
sub-section (2) of section 21, where the tenant contests the claim for
eviction, the landlord may at any stage of the proceedings apply to the Rent
Authority to direct the tenant to pay him the rent payable, as under section 8
and section 23, and the Rent Authority may order the tenant to make such
payment and all other charges due from the tenant along with penal charges, if
any, due to delay in payment, in accordance with the provisions of sub-section
(1) of section 14. (1) Tenant
shall not carry out any structural change or erect any permanent structure in
the premises let out on rent without the written consent of the landlord. (2) Where the
landlord proposes to make any improvement in or construct any additional
structure on any premises which has been let out to a tenant and the tenant
refuses, to allow the landlord to make such improvement or construct such
additional structure, the landlord may make an application in this behalf to
the Rent Authority. (3) On an
application made by the landlord under sub-section (2) if the Rent Authority is
satisfied that the landlord is ready and willing to commence the work which is
necessary, the Rent Authority may permit the landlord to do such work and may
make such other order as it may deem fit: Provided that such improvement or
additional structure shall not decrease or diminish or deteriorate the
accommodation or housing services in the premises which may cause undue
hardship to the tenant. (1) Notwithstanding
anything contained in section 21 or section 22, where any premises let out for
rent comprises vacant land, upon which it is permissible under the municipal
bye-laws for the time being in force to erect any building whether for
residence or for any other purpose, and the landlord who intends to erect such
building is unable to obtain possession of the same from the tenant on the
basis of the tenancy agreement, the landlord or, in case of death of the
landlord, his legal heirs, may file an application in this behalf, in such form
and manner as may be prescribed, before the Rent Authority. (2) The Rent
Authority may, on receipt of the application referred to in sub-section (1), if
it is satisfied that the landlord is or, as the case may be, his legal heirs
are ready and willing to commence the work and that the severance of the vacant
land from the rest of the premises shall not cause undue hardship to the
tenant,- (a) direct
such severance after such enquiry as it may deem fit; (b) place the
landlord in possession of the vacant land; (c) determine
the rent payable by the tenant in respect of the rest of the premises; and (d) make such
other orders as it may deem fit in the circumstances of the case. Notwithstanding anything contained in
any other law for the time being in force, where the interest of a tenant or in
case of death of the tenant, of his legal heirs in any premises is determined
for any reason whatsoever and any order is made by the Rent Authority under
this Act for the recovery of possession of such premises, such order shall,
subject to the provisions of sub-section (3) of section 21, be binding on all
occupants who may be in occupation of the premises and vacant possession
thereof, shall be given by all such occupants to the landlord or to the legal
heirs of the landlord. Notwithstanding anything contained in
this Act or any other law for the time being in force, a tenant may give up
possession of the premises on giving such written notice as is required under
the tenancy agreement and in the absence of any stipulation relating to such
notice, the tenant shall give notice to the landlord of at least one month
before giving up possession of the premises. CHAPTER 6 Rent
authority, rent Tribunal Their Powers and appeal The District Collector shall appoint
an officer, not below the rank of Additional District Collector, to be the Rent
Authority within his jurisdiction. (1) The Rent
Authority and the Rent Tribunal shall, in all cases where the respondent enters
or is permitted to enter defense against the application, at any time before a
negotiated settlement of the dispute between the parties, in appropriate cases,
refer them to the appropriate authority under the Legal Services Authorities
Act, 1987 (Act.no. 39 of 1987). (2) Without
prejudice to the provisions of sub-section (1), the Rent Authority and Rent
Tribunal shall follow such procedure as it deems proper to promote a compromise
expeditiously. (3) Where
there has been a settlement of the case by compromise, the Rent Authority and
Rent Tribunal shall record the terms of the compromise and pass final order in
those terms. The Rent Tribunal shall be presided
over by the District Judge himself or by Additional District Judge nominated by
the District Judge in each district. (1) Save as
provided in this Act, nothing contained in the Code of Civil Procedure, 1908
(Act. no. 5 of 1908) shall apply to the Rent Authority and Rent Tribunal, which
shall be guided by the principles of natural justice and shall have power to
regulate their own procedure in the following manner, namely:- (a) the
landlord or the tenant may file an application or appeal before the Rent
Authority or Rent Tribunal, as the case may be, accompanied by affidavit and
documents, if any; (b) the Rent
Authority or Rent Tribunal, as the case may be, shall then issue notice to the
opposite party, accompanied by copies of application or appeal, affidavit and
documents; (c) the
opposite party shall file a reply accompanied by affidavit and documents, if
any, after serving a copy of the same to the applicant; (d) the
applicant may file a rejoinder, if any, after serving the copy to the opposite
party; (e) the Rent
Authority or Rent Tribunal, as the case may be, shall fix a date of hearing and
may hold such summary inquiry as it deems necessary. (2) The Rent
Authority or Rent Tribunal, as the case may be, shall endeavor to dispose the
case as expeditiously as possible, not exceeding a period of more than sixty
days from the date of receipt of the application or appeal: Provided that where any such
application or appeal, as the case may be could not be disposed of within the
said period of sixty days, the Rent Authority or Rent Tribunal, as the case may
be, shall record its reasons in writing for not disposing of the application or
appeal within that period. (3) In every
application or appeal, before the Rent Authority or Rent Tribunal, as the case
may be, the evidence of a witness shall be given by affidavit: . Provided that the Rent Authority or
Rent Tribunal, as the case may be, may where it appears to it that it is
necessary in the interest of justice to call a witness for examination or
cross-examination, order attendance of such witness to be present for
examination or cross-examination. (4) The
provisions of the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) regarding
service of summons shall be applicable mutatis mutandis for service of notice
by the Rent Authority or Rent Tribunal. In addition to the said mode of
service, the service of notice to landlord or tenant may also be effected
through e-mail, WhatsApp, SMS or other recognized electronic mode. (5) Every
application or appeal shall be in such form as may be prescribed. (6) The Rent
Authority or Rent Tribunal, as the case may be, shall not allow more than three
adjournments at the request of a party throughout the proceedings and in case
of reasonable and sufficient cause to do so, it shall record the reasons for
the same in writing and order the party requesting adjournment to pay a
reasonable cost. (7) Every
application under clauses (a), (b), (e), (f) and (g) of sub-section (2) of
section 21 or under section 22 shall be decided within ninety days from the
date of filing of such application before the Rent Authority. (8) The Rent
Authority shall decide every application filed under clause (c) and (d) of
sub-section (2) of section 21 within thirty days from the date of filing of
such application. (1) The Rent
Authority and the Rent Tribunal shall, for discharging their functions under
this Act, have the same powers as are vested in a Civil Court under the code of
civil Procedure, 1908 (Act. no. 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 documents; (c) issuing
commission for examination of the witnesses 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) any other
matter, which may be prescribed. (2) Any
proceeding before the Rent Authority or 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 (Act. no. 45 of 1860); and
the Rent Authority and the 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 (Act. no. 2 of 1974). (3) For the
purposes of holding any inquiry or discharging any duty under this Act, the
Rent Authority may,- (a) after
giving not less than twenty-four hours notice in writing, enter and inspect or
authorize any officer subordinate to it, to enter and inspect any premises at
any time between sunrise and sunset; (b) by a
written order, require any person to produce for its 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
Authority may, if it thinks fit, appoint one or more persons having special
knowledge of the matter under consideration as an assessor or valuer to advise
it in the proceeding before it. (5) Any
clerical or arithmetical mistake in any order passed by the Rent Authority or
any other error arising out of any accidental omission may, at any time, be
corrected by the Rent Authority on an application received by it in this behalf
from any of the parties or otherwise. (6) The Rent
Authority may exercise the powers of a Judicial Magistrate of the First Class
for the recovery of the fine under the provisions of the Code of Criminal
Procedure, 1973 (Act. no. 2 of 1974) and the Rent Authority shall be deemed to
be a Magistrate under the said Code for the purposes of such recovery. (7) An order
made by a Rent Authority or an order passed in appeal under this Chapter shall
be executable by the Rent Authority as a decree of a Civil Court and for this
purpose, the Rent Authority shall have the powers of a Civil Court. (8) The Rent
Authority may set aside or recall any order passed ex-parte if the aggrieved
party files an application and satisfies it that the notice was not duly served
or that he was prevented by any sufficient cause from appearing when the case
was taken up for hearing. (9) Save as
otherwise expressly provided in this Act, every order made by the Rent
Authority shall, subject to decision in appeal, be final and shall not be
called in question in any original suit, application or execution proceedings. (1) Any person
aggrieved by an order passed by the Rent Authority may prefer an appeal along
with a certified copy of such order to the Rent Tribunal within the local
limits of which the premises is situated, within a period of thirty days from
the date of that order: Provided that no appeal shall lie unless
the appellant pre-deposits fifty percent of the entire payable amount under the
impugned order of the Rent Authority. (2) Upon
filing an appeal under sub-section (1), the Rent Tribunal shall serve notice,
along with a copy of memorandum of appeal to the respondent and fix a hearing
not later than thirty days from the date of service of notice of appeal on. the
respondent and the appeal shall be disposed of within a period of sixty days
from such date of service. (3) Where the
Rent Tribunal considers it necessary in the interest of arriving at a just and
proper decision, it may allow filing of documents at any stage of the
proceedings in appeal: Provided that no such document shall
be allowed more than once during the hearing. (4) The 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 Rent Tribunal may, after recording reasons therefor,
confirm, set aside or modify the order passed by a Rent Authority. (1) The Rent
Authority shall, on an application filed by any party, execute an order of a
Rent Tribunal or any other order made under this Act, in such manner as may be
prescribed, by- (a) delivering
possession of the premises to the person in whose favour the decision has been
made; or (b) attaching
one or more bank accounts of the opposite party for the purpose of recovering
the amount specified in such order; or (c) appointing
any advocate or any other competent person including officers of the Rent
Authority or local administration or local body for the execution of such
order; or (d) attachment
of salary and allowance of the opposite party; or (e) attachment
and sale of the movable or immovable property of the opposite party. (2) The Rent
Authority may take help from the local police for execution of the final
orders: Provided that no applicant shall
obtain help of the police unless he pays such costs as may be decided by the
Rent Authority. (3) The Rent
Authority shall conduct the execution proceedings, in relation to its order or
an order of a Rent Tribunal or any other order passed under this Act, in a
summary manner and dispose of the application for execution made under this
section within a period of thirty days from the date of service of notice on the
opposite party. CHAPTER 7
Miscellaneous The State Government may determine the
nature and categories of officers and other employees as it considers necessary
and appoint such officers and other employees for the efficient discharge of
their functions under this Act. (1) Save as
otherwise provided in this Act, no Civil Court shall entertain any suit or
proceeding in so far as it relates to the provisions of this Act. (2) The
jurisdiction of the Rent Authority shall be limited to tenancy agreement
submitted to it as specified in the First Schedule and shall not extend to the
question of title or ownership of premises. (1) The
provisions of the Court Fees Act, 1870 (Act. no.7 of 1870) shall apply in
respect of applications or appeals to be presented before the Rent Authority or
Rent Tribunal, as the case may be. (2) For the
purposes of computation of court fees, the application for recovery of
possession made to the Rent Authority and the memorandum of appeal presented
before the Rent Tribunal, shall be deemed to be a suit between the landlord and
the-tenant. (3) The court
fees for the application filed before the Rent Authority shall be same as that
of an interlocutory application presented in a Civil Court. Every officer and staff of Rent
Authority and Rent Tribunal appointed under this Act shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code, 1860
(Act. no.45 of 1860). The provisions of sections 4,5 and 12
of the Limitation Act, 1963 (Act no. 36 of 1963) shall mutatis mutandis apply
to all proceedings under this Act. The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
law of the State of Uttar Pradesh for the time being in force. No suit, prosecution or other legal
proceeding shall lie against any officer and staff of Rent Authority or Rent
Tribunal Jn respect of anything which is done or intended to be done in good
faith in pursuance of this Act. (1) The State
Government may, by notification in the Gazette make rules for carrying out the
purposes of this Act. (2) In particular
and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:- (a) the form
and manner of digital platform to be put in place by the State Government in
the Hindi or English language for enabling submission of documents under
sub-section (4) of section 4; (b) the manner
of payment of rent and other charges to the landlord by the tenant by postal
money order or any other method and the manner of deposit of rent and other
charges with the Rent Authority on refusal by landlord to accept the same under
sub-section (1) and the manner of deposit of rent with the Rent Authority under
sub-section (3) of section 14; (c) manner of
making an application for the recovery of possession of the premises under
sub-section (2) of section 21; (d) form and
manner of making an application for the recovery of possession of the premises
under sub-section (1) of section 22; (e) rate of
interest payable under sections 21 and 24; (f) the form
and manner of filing application by the landlord before the Rent Authority for
obtaining possession of the premises let out on rent for erecting building
under sub-section (1) of section 27; (g) the form
of filing appeal before Rent Tribunal under sub-section (5) of section 34; (h) any other
matter to be provided under clause (k) of sub-section (1) of section 35; (i) the manner
of execution of an order of a Rent Tribunal or any other . order made under
this Act under sub-section (1) of section 36; (j) any other
matter which is required to be, or may be, prescribed under the provisions of
this Act. (1) If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may, by order published in the Gazette, not inconsistent with the
provisions of this Act, remove 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. (1) The Uttar
Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
(U.P. Act no. 13 of 1972) and the Uttar Pradesh Regulation of Urban Premises
Tenancy (Second) Ordinance, 2021 is hereby repealed. (2) Notwithstanding
such repeal, all cases and other proceedings under the Uttar Pradesh Urban
Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13
of 1972) pending, at the commencement of this Act, shall be continued and
disposed of in accordance with the provisions of the said Act of 1972 as if
that Act had continued to be in force and this Act had not been enacted. (3) All cases
and proceedings relating to any dispute between a landlord and a tenant under
any law other than the law repealed by sub-section (1) pending before the Civil
Court or in appeal before any other Court on the date of commencement of this
Act, in respect of the premises to which this Act applies, shall be continued
before such Court and disposed of in accordance with such applicable law. (4) Notwithstanding
such repeal anything done or any action taken under the Uttar Pradesh
Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance no. 2 of
2021) and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second)
Ordinance, 2021 (U.P. Ordinance no. 3 of 2021) shall be deemed to have been
done or taken under the corresponding provisions of this Act. SCHEDULE
1 [See section
4(1)] form For Information Of Tenancy To, The Rent Authority (Address) 1.
Name
and address of the landlord including e-mail or Mobile Number 2.
Name
and address of the Property Manager (if any) 3.
Name(s)
and address of the tenant, including email Or Mobile Number. 4.
Description
of previous tenancy, if any 5.
Description
of premises let to the tenant including appurtenant land, if any 6.
Date
from which possession is given to the tenant 7.
Rent
payable as in section 8 8.
Furniture
and other equipment provided to the tenant 9.
Other
charges/ Tax payable a.
Electricity
b. Water b.
Extra
furnishing, fittings and fixtures c.
Other
services 10.
Attach
tenancy agreement 11.
Duration
of tenancy (Period for which let) 12.
Photo
ID of Landlord 13.
Mobile
Number & E-mail id of landlord (if available) 14.
Photo
ID number of tenant 15.
Mobile
Number & E-mail id of tenant 16.
Photo
ID of Property Manager (if any) 17.
Mobile
Number & E-mail id of Property Manager (if any) Name and signature of landlord Name and signature of tenant Photograph of landlord Photograph of tenant Enclosed: 1.
Tenancy
Agreement. 2.
Self-attested
copies of Photo ID of landlord. 3.
Self-attestedcopiesof
Photo ID of tenant. 4.
Self-attested
copies of Photo ID of Property Manager, if any. SCHEDULE 2 [See section
15(1)] Division Of Maintenance Responsibilities Between The
Landlord and The Tenant Unless otherwise agreed in the tenancy agreement, the
landlord shall 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 Responsibilities
of the Landlord- 1.
Structural
repairs except those necessitated by damage caused by the tenant. 2.
Whitewashing
of walls and painting of doors and windows. 3.
Changing
and plumbing pipes when necessary. 4.
Internal
and external electrical wiring and related maintenance when necessary. Part B Periodic 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 changes. 10.
Kitchen
fixtures repairs. 11.
Replacement
of knobs and locks of doors, cupboard, windows etc. 12.
Replacement
of fly-nets. 13.
Replacement
of glass panels in windows, doors etc. 14.
Maintenance
of gardens and open spaces let out to or used by the tenant.Uttar Pradesh Regulation of Urban
Premises Tenancy Act, 2021