Analysis of Model Tenancy Act, (Draft) and Tenant and Lanlord Rights With Comparative Approach To Usa and Uk
Analysis of Model Tenancy Act, (Draft) and Tenant and Lanlord Rights With Comparative Approach To Usa and Uk
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Draft National Urban Rental Housing Policy, 2015, p 10.
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Draft National Urban Rental Housing Policy, 2015, p 5
the policy suggested that if these vacant houses are made available for rental
housing, then some, if not most of the urban housing shortage, could be
addressed.3
Hence the need for rental laws can be understood from the following heads that
can be crystal clear seen from :
1. The need for Rental laws can be considered as a alternative to the problem
of housing shortage may it be for ownership or tenancy in view of
increasing population of India.
2. Of getting rid to the problem of increasing slums in country by providing
affordable housing to them
3. It could became the steady source of source of income for the landlords
And the investment in the sector will increase drastically.
The issues of rental lodging in India, as present under various existing rent control
laws, can be typified as follow:
o FIXATION OF STANDARD RENTS : As most of existing rent laws fix standard rent or
fair rent on the basis of the cost of construction involved and the existing laws does not
consider market value in fixation of standard rent this is considered one of the main
reasons for less investment in the rental sector because it will case huge distinctive to the
landlords and investors in the rental market.
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o NO SUCH HARD AND FAST REMEDY FOR OVERSTAYING OF TENANTS:
Existing Rent laws do not provide any remedy for the landlords when tenants do not
vacate the premises of land lord after discharge of rent agreement or lease Therefore
landlords often fears that the might lose control over their property and to go through
long litigation process resulting in much loss.
o LEAVE AND LICENSE CONTRACT : Apart from the rent control laws and transfer of
property where we have discussed about rent agreement and lease people often use leave
and license as it has been stated in the Indian easement act,1882 section 52 of the said
Act defines license as- “where one person grants to another, or to a definite number of
other persons, a right to do, or continue to do, in or upon the immovable property of the
grantor, something which would, in the absence of such right, be unlawful, and such right
does not amount to an easement or an interest in the property, the right is called a
license.” Hence in simple words licensor gives the license to the licensee for thr usage of
the property without transferring any interest in immovable property. Thus it can be seen
as there are many laws regarding to accept the tenant landlord relationship so the
ambiguity or loopholes in such many laws can be used by the tenant or landlord to
influence the existing law as per their needs.
CHAPTER 2: OVERVIEW AND ANALYSIS OF MODEL TENANCY ACT
INTRODUCTION: Model tenancy act was designed to balance the interest of landlord and
tenant