The Model Tenancy Act 2021 is just a model or sample. It is the responsibility of the state government to implement it.
New Delhi. Finally, the much awaited Model Tenancy X of the Modi government i.e. Model Tenancy Act 2021 has been issued. For the last seven years, the effort was going on on this. However, the Act which has been issued so far is only a model or sample.
Immediately this act is not going to make any difference in your life. If you are a Landlord or a Tenant, then you are still the same as it was before. It is up to the state government whether to implement this model act or not. Not only this, he is also free to make changes in it. However, the rough provisions of this Act will definitely be included. Let’s understand with our real estate expert Manoj Singh Meek its provisions and their impact…
Question: When will this act come into force?
Answer: As the name suggests, it is a model act. It is the responsibility of the state government to implement it. After the Act, the rules will be made and then the Rent Court and Tribunal. That means it will take a long time.
Question: What will be its impact on existing tenants and landlords?
Answer: Nothing yet. When the state governments will implement this, then there will be an agreement between the new landlords and the tenants.
Question: Is it necessary to have a written agreement for rent?
Answer: Yes. Written agreement will be mandatory. The rent and its duration will be decided only on the basis of the agreement between the landlord and the tenant in the agreement. A copy of the agreement will also have to be submitted to the rent authority of the district concerned.
Question: Who will repair the house?
Answer: It will be the responsibility of the tenant to fix water logging, repair electric switches or sockets, repair kitchen fixtures, replace window panes, maintain garden or open spaces, protect the property from intentional damage etc. In case of any damage to the property, the landlord must inform about this. Whereas the responsibility of painting etc. will be of the landlord.
Question: What is the maximum advance rent to be paid for?
Answer: Only a maximum of 2 months rent can be taken as security advance for the house. For commercial properties, this limit will be for a maximum period of 6 months.
Question: Who will resolve the dispute between the landlord and the tenant regarding repairing?
Answer: If the landlord wants to get some additional infrastructural work done on the rented property and the tenant refuses to do so, then this matter can be settled in the rent court. For this, the landlord will have to apply in the rent court.
Question: What if the landlord turns off the electricity or water supply?
Answer: No landlord or property can withhold essential supplies to the tenant. This includes electricity, power, gas etc.
Question: What if the tenant has occupied the house?
Answer: If the tenant does not leave the house even after the extension of 6 months after the completion of the rent agreement, then it will be considered as a default and they will have to pay the damages. This amount of damages will be twice the monthly rent for two months and thereafter four times the house rent.
Question: What is the maximum limit of rent?
Answer: The responsibility of this has been left to the state governments. It can fix the rent rates in an area like circle rate or collector guideline.
Question: Can the rent be increased between the period specified in the rent agreement?
Answer: The rent cannot be increased during the period stipulated in the rent agreement. If there is an agreement regarding the rent in the rent agreement, then on the basis of that a decision can be taken to increase the rent.
