09 dets. What Is Statutory Tenant in Indian Law
However, these cases lead us to believe that if a person is in exclusive possession for an extended period of time, he or she is deemed to be a tenant, or in circumstances where the circumstances affect the intention of the landlord. Simple possession cannot make a license of a rental. However, if the circumstances demonstrate the conduct and intention of the parties to grant the occupier exclusive possession without interest in the property, the occupier is only a licensee; However, if the person is granted exclusive possession with an interest, he or she is called a tenant. Under the law and as many judgments have ruled, it is illegal for a landlord to interrupt essential services such as electricity and water or to prevent a tenant from using shared equipment to collect rental fees or for other reasons. If a landlord engages in these activities, the tenant can apply to the rent control court to restore essential services and take action against the landlord. Legal rental, on the other hand, is a specific rental concept that is ratified by law. In other words, if a person continues to own property even after the lease expires, it is called “lease-by-hold.” This “rental by deduction”, if protected by law, is called “legal tenancy”. According to this concept, the tenant has an exclusive right of ownership over the property in question and can sue the landlord if he is accused of eviction during the tenancy. Even if the tenant has an exclusive right of possession, he cannot sell the property or grant it by testamentary disposition. The legal tenancy is then simply a protection granted to a tenant with a “right to inseparability”. Yes, the legal tenancy is usually with the spouse or immediate family of the person who lives in the house during the rental period.
It is recommended that you do not stop paying rent to the landlord for any reason. If the landlord doesn`t accept the rent, first send a written notice to the landlord and ask for details about a bank where the tenant can pay rent directly to the landlord`s balance. If the landlord doesn`t respond, send the rent to the landlord by money order. If this attempt to pay rent also fails, you must immediately file an application with a rent control court for additional rent to be filed in court. The rental of premises is a delicate issue. Landlords and tenants become hawkish in every discussion about it. The struggle between owners and occupiers would become less hostile if each understood their limits and claimed only what rightfully belongs to them. There can be about three types of occupations – legal tenant, tenant and licensee. The rights of each of them are described below. It is important to note that in the case of a contractual lease granted for a certain period, the landlord does not have the right to request possession of the building for his own additional dwelling in good faith.
However, the tenant is required to enter into a contractual lease under a registered lease where registration is mandatory. The article gives us a rough idea of how the legal lease represents an advance compared to the usual ordinary tenancy between two parties. Thus, according to this reform, the rights and obligations of the tenant and the landlord are in a fair offer. In Afzalunnisa v. Abdul Karim, the parties purchased land for construction purposes in 1908. There was no contract between the parties, but a fixed rent was paid by one party to the other, using the word “permanently” in the rental income. There was a dispute and the landlords claimed that the tenancy was not permanent in nature. The court noted that, although there was no written contract on this subject, the fact that there had long been de facto ownership by the tenants as well as a fixed rent justifies the assumption that the parties have agreed to a “permanent tenancy”. Tenants are known to be protected from eviction if they are legal tenants under the Delhi Rent Control Act, 1958 (the “DRC Act”). A legal tenant is a term used to describe a tenancy that falls under the DRC Act.
Rs 3,500 per month would fall under the DRC law and the tenant would be known as a legal tenant. Tenancies with a reserved rent in excess of Rs 3,500 per month are governed by default under the Transfer of Ownership Act 1882 (“TPA”). The term legal tenant is not defined, but because rent control leases are protected by statute, tenants and the term are used to distinguish themselves from other tenants who are not covered by the DRC Act but who benefit from ordinary leases under the TPA. In the absence of payment in the initial tenancy, a notice period of three months must be issued by the tenant. A legal tenancy begins after the termination of an ordinary tenancy and is extended either at the request of the tenant or the landlord. With regard to eviction, the landlord should file an application with the competent rent control court to request the eviction of the tenant. Under the Rent Control Act, landlords can only evict tenants for specific reasons, including wilful failure to pay rent, subletting without prior consent, harassment, or when the landlord himself or herself needs premises for his or her personal use. “Legal tenant.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/statutory%20tenant. Retrieved 14 January 2022. The general scheme of the Rent Control Act, i.e. the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 and similar laws in other states of India, is to control rents and protect tenants from unauthorized evictions by landlords.
The Rent Control Act provides tenants with adequate rent security and restricts landlords` power to evict tenants. The term “legal” propagates the legality of the idea of renting. It gives the tenant a reasonable right to the lease. 3. Licensee: A licensee finds a place for himself at the bottom of the pyramid.