TAMIL NADU REGULATION OF

RIGHTS AND RESPONSIBILITIES OF

LANDLORDS AND TENANTS ACT, 2017

 INTRODUCTION
• The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017 has
been enacted on the lines of model Tenancy Act indicated by the Government of India. The Act repeals
the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

• Since Land appears in the State List of the Constitution it is for the States to act here.

• The new legislation aims to regulate the tenancy of buildings as per the terms and conditions of the
tenancy agreement executed by the land lords and the tenants and also to safe guard the interest of the
land lords and the tenants in case of disputes.

• As per the provisions of this law, all tenancy agreements should be written agreements and shall be
compulsorily register with the Rent Authority.

• The Act in its provisions gives the Obligations of Landlord and Tenant and the Appointment of Rent
Authorities along with Constitution of Rent Court and Tribunals and powers.
 DEFINITIONS
• Sec 2 (c) “landlord” means a person who, for the time being is receiving, or is entitled to receive, the
rent of any premises, whether on his own account, or on account of, or on behalf of, or for the benefit
of, any other person or as a trustee, guardian or receiver of any person or who would so receive the rent
or be entitled to receive the rent, if the premises were let to a tenant, and shall include his successor-in-
interest.

• Sec 2 (f) “premises” means any building or part of a building which is, or is intended to be, let
separately for the purpose of residence or for commercial or for educational use, except for industrial
use and includes –
• (i) the garden, grounds and out-houses, if any, appertaining to such building or part of the
building;
• (ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof,
but does not include hotel, lodging house, dharamshala or inn, or the like
 DEFINITIONS
• Sec 2 (h) “property manager” means a person or company who is employed by the landlord to manage
the premises and who represents the landlord in his dealings with the tenant.

• Sec 2 (n) “tenant” means a person by whom or on whose account or behalf the rent of any premises is,
or, but for a contract express or implied, would be payable for any premises 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;
 EXEMPTIONS FROM THE ACT

• As per Sec 3 of the Act, the Act does not apply to the following cases:

• (a) any premises owned or promoted by the Central or State Government or Local Authority or a
Government undertaking or enterprise or a statutory body or cantonment board;

• (b) premises owned by a company, university or organization given on rent to its employees as part of
service contract;

• (c) any premises owned by religious or charitable institutions as may be specified by the Government,
by notification;

• (d) any premises owned by Waqf registered under the Waqf Act, 1995 or to any trust registered under
the Indian Trusts Act, 1882;

• (e) any other building or category of buildings specifically exempted in public interest by the
Government, by notification.

• But if any owner of the premises falling under clauses (a) to (d) wishes to be regulated by the Act, they
may inform the Rent Authority of their desire to do so at the time of information of the tenancy
agreement under section 4 of this Act.
TENANCY
 TENANCY
• As per Sec 4, after the commencement of this Act, every person shall let or take on rent any premises
only 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.

• Where, in relation to a tenancy created before the commencement of this Act -

• (a) an agreement in writing was already entered into, it shall be informed to the Rent Authority;
• (b) 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 inform the Rent Authority, within a period
of ninety days from the date of commencement of this Act

• The Rent Authority, after receiving such information about tenancy agreement, shall register the
agreement and provide a registration number to the parties, within a period of thirty days.

• The Rent Authority shall upload the details of all tenancies along with the registration number on its
website within fifteen days of the allotment of the registration number.
 PERIOD OF TENANCY
• As per Sec 5, all tenancies entered into after the commencement of this Act shall be for a period as
agreed between the landlord and the tenant and as specified in the tenancy agreement.

• The tenant may approach the landlord for renewal or extension of the tenancy, within the period agreed
to in the tenancy agreement, prior to the end of tenancy period and if agreeable to the landlord may
enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.

• If a tenancy for a fixed term ends and has not been renewed or the premises have not been vacated by
the tenant at the end of tenancy and where the landlord has not demanded possession of vacant
premises at the end of tenancy, then such tenancy shall be deemed to be renewed on a month-to-month
basis on the same terms and conditions according to the expired tenancy agreement, for a maximum
period of six months.
 INHERITANCE OF TENANCY
• As per Sec 6, in the event of the death of a tenant, the right of tenancy of residential and non-
residential premises shall devolve for the remaining period of tenancy to his successors in the
following order:

• (a) spouse;

• (b) sons, daughters and daughter-in-law being the widow of a predeceased son

• (c) either or both of the surviving parents;

• It can be inherited only if the successor had been ordinarily living or working in the premises with the
deceased tenant upto his death.
 RESTRICTIONS ON TENANCY
• As per Sec 7, no tenant shall, without the previous consent in writing of the landlord,–

• (a) sublet 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.

• Where the premises are sublet, the tenant shall inform the landlord the date of commencement or
termination of sub-tenancy, as the case may be, within one month of the commencement or
termination.
RENT
 RENT PAYABLE
• As per Sec 8, The rent payable in relation to a premises shall be :

• (a) in case of new tenancies entered into after the commencement of this Act, the rent agreed to
between the landlord and the tenant at the commencement of the tenancy;

• (b) in case of tenancies entered into before the commencement of this Act, where no agreement was
executed between the parties, the rent agreed to between the landlord and the tenant and entered in the
agreement.

• (c) in case of tenancies entered into before the commencement of the Act, where an agreement in
writing was already entered into, the rent agreed to between the landlord and the tenant in such
agreement.
 REVISION OF RENT
• As per Sec 9, Revision of rent between the landlord and the tenant shall be as per the terms set out in
the tenancy agreement.

• The landlord shall give a notice in writing three months before the revised rent becomes due. If a
tenant who has been given notice of an intended increase of rent, fails to give the landlord notice of
termination of tenancy, the tenant shall be deemed to have accepted whatever rent increase has been
proposed by the landlord.

• In case the premises has been let for a fixed term, rent may not be increased during the currency of the
tenancy period unless the amount of increase or method of working out the increase is expressly set out
in the tenancy agreement.

• Where the landlord with agreement with the tenant has incurred expenditure on account of
improvement, addition or structural alteration in the premises occupied by the tenant, the landlord may
increase the rent of the premises by an amount as agreed between the landlord and the tenant, prior to
the commencement of the work and such increase in rent shall become effective from one month after
the completion of work.
 RENT AND OTHER PROVISIONS
• As per Sec 10, the Rent Authority on an application made by the landlord or tenant, shall fix or revise,
the rent and other charges payable by the tenant and also fix the date from which the revised rent
becomes payable, in accordance with the tenancy agreement entered into between the parties.

• As per Sec 11, the Landlord shall collect a security deposit but it should not be an amount more than
three times the monthly rent, unless agreed by parties tenancy agreement. The security deposit shall be
refunded to the tenant within one month after vacation of the premises, after making due deduction of
any liability of the tenant.
OBLIGATIONS OF LANDLORD AND TENANT
DUTIES OF LANDLORD AND TENANT
• As per Sec 12, landlord shall give one original signed and registered agreement to the tenant within
fifteen days of the agreement being registered with the Rent Authority.

• As per Sec 13 (1), every tenant shall pay rent and other charges payable within the stipulated period as
in the tenancy agreement.

• As per Sec 13 (2), every tenant who makes payment of rent or other charges to his landlord, shall be
entitled, to obtain from the landlord or his property manager, a written receipt for the amount paid to
him, signed by the landlord or his property Manager.

• If the rent or other charges have been paid by the tenant to the landlord through electronic medium, the
bank acknowledgement shall be considered as proof of payment.

• As per Sec 14 (1), if the landlord does not accept any rent and other charges payable or refuses to give
a receipt, the rent and other charges shall be sent to the landlord by postal money order or any other
method consecutively for two months, and if the landlord does not accept that within the said period,
then, the tenant shall deposit the same with the Rent Authority.
DUTIES OF LANDLORD AND TENANT
• As per Sec 14 (2), whenever there is bona fide doubt about the person to whom the rent is payable, the
tenant shall deposit such rent and other charges with the Rent Authority.

• As per Sec 15, the landlord and the tenant shall keep the premises in a good condition, except for
normal wear and tear, and shall be responsible for the respective repairs and maintenance as specified
in the Second Schedule.
• In the event of tenant’s refusal to carry out the scheduled or agreed repairs, the landlord shall get
the repairs done and the tenant shall pay the same to the landlord within one month from the date
of issue of notice by the landlord.
• In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant can get the
work done and deduct the same from monthly rent but such deduction in a month shall not exceed
fifty per cent of rent for one month.
• In case the premises is uninhabitable without the repairs and the landlord has refused to carry out
the required repairs, after being called in writing by the tenant, the tenant shall have the right to
abandon the premises after giving landlord fifteen days notice in writing or by approaching the
Rent Authority.
DUTIES OF LANDLORD AND TENANT
• As per Sec 16, during the tenancy, the tenant shall not intentionally or negligently damage the
premises or permit such damage and notify the landlord immediately if there is any damage.

• As per Sec 17, a landlord or the property manager may enter a premises in accordance with written
notice given to the tenant at least twenty-four hours before the time of entry, which shall mention the
reason for entry and the day and time of entry between 7.00 AM to 8.00 PM.

• As per Sec 18, if the landlord has hired a property manager, the landlord shall provide the tenant with
the details of such Property Manager, who according to Sec 19, collect rent; give rent receipt; inspect
premises and performs repair.

• As per Sec 20, no landlord or tenant either by himself or through any person shall cut-off or withhold
any essential supply or service in the premises occupied by the tenant or the landlord. If done so, on
complaint to the Rent Authority, the connection shall be restored and a penalty shall be imposed on the
person who did such act.
REPOSSESSION OF PREMISES BY LANDLORD
REPOSSESSION OF PREMISES BY LANDLORD
• As per Sec 21, a tenant shall not be evicted during the continuance of tenancy agreement. But he can
be evicted by an application to Rent Court on the following grounds:
• that the landlord and tenant have failed to enter into an agreement under section 4.
• that the tenant has not paid the arrears in full of rent payable and other charges for two months,
within one month of notice of demand for the arrears of such rent and all charges payable being
served on him by the landlord as per section 106 of the Transfer of Property Act, 1882.
• that the tenant has parted with the possession of premises without written consent of landlord
• that the tenant has continued misuse of the premises even after receipt of notice from the landlord
to stop such misuse.
• that the vacation is required for performing the repairs by Landlord.
• that the premises let for residential or non-residential purpose are required by the landlord for
occupation for residential or non-residential purposes for himself.
• that the tenant has given written notice to quit and based on that, the landlord has contracted to
sell the premises or any other step.
REPOSSESSION OF PREMISES BY LANDLORD
• As per Sec 23, a landlord is entitled to compensation of double the monthly rent for the use and
occupation of a premises by a tenant who does not vacate the unit after his tenancy has been
terminated by order, notice or agreement.

• As per Sec 24, where a landlord exercises the right of recovery of possession 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 an amount after deducting the rent and other charges due to him. If any default, the
landlord shall be liable to pay simple interest on the amount which he has omitted or failed to refund.

• As per Sec 26, where the landlord proposes to make any improvement in or construct any additional
structure on any building which has been let to a tenant and the tenant refuses to allow the landlord to
make such improvement, on application to the Rent Court, may permit the landlord to do such work
and may make such other order as it may think fit.
RENT AUTHORITIES
RENT AUTHORITY
• As per Sec 30, the Collector shall, with the previous approval of the Government, appoint an offi cer,
not below the rank of Deputy Collector to be the Rent Authority for the area within his jurisdiction to
which this Act applies.

• As per Sec 31, the Rent Authority shall have the same powers as are vested in Rent Court under this
Act, in any proceeding under sections 9, 10, 14, 15 and 20 of the Act. The procedure as laid down in
section 36 and 39 of the Act shall be followed in disposal of such applications.
RENT COURTS AND RENT TRIBUNALS
RENT COURT
• As per Sec 32, the Government may, constitute such number of Rent Court in as many urban areas as
necessary, consisting of one or more members to be appointed by the Government in consultation with
the High Court.

• No person shall be eligible to be appointed as Presiding Officer of the Rent Court unless he is a
Member of the Tamil Nadu State Judicial Service.

• As per Sec 33, an appeal shall lie against the order of the Rent Authority to the Rent Court having
territorial jurisdiction within thirty days from the date of the order made by the Rent Authority.

• As per Sec 34, in the areas to which this Act extends, only the Rent Court and no Civil Court shall
have jurisdiction, except the jurisdiction of Rent Authority under section 31, to hear and decide the
applications relating to disputes between landlord and tenant and matters connected with and ancillary
thereto covered under this Act.
RENT TRIBUNAL
• As per Sec 35, the Government may, constitute such number of Rent Tribunals at such places as may
be deemed necessary by it and notify a Rent Tribunal as Principal Rent Tribunal, where more than one
Tribunal is constituted.

• The Rent Tribunal may consist of one or more benches, with each bench being headed by an Appellate
Member. The senior most Appellate Member of the Rent Tribunal shall function as the Principal
Appellate Member.

• The Principal Appellate Member and Principal Rent Tribunal may, transfer appeal cases from one
bench of the Rent Tribunal to another. All the members of Rent Tribunal shall be appointed by the
Government in consultation with the High Court.

• No person shall be eligible to be appointed as Appellate Member of Rent Tribunal unless he is from
State Higher Judicial Service.
PROCEDURE OF COURT AND TRIBUNAL
• As per Sec 36, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by
the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall
have power to regulate their own procedure.

• The Rent Court shall follow the following procedure :

• (a) the landlord or tenant may file an application before the Rent Court accompanied by affidavits
and documents, if any;
• (b) the Rent Court then shall issue notice to the opposite party, accompanied by copies of
application, affidavits and documents;
• (c) the opposite party shall file a reply accompanied by affidavits 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 Court shall then fix a date of hearing and may hold such summary inquiry as it deems
necessary.
PROCEDURE OF COURT AND TRIBUNAL
• As per Sec 36, in every case, before the Rent Court and the Rent Tribunal the evidence of a witness
shall be given by affidavit. However, the Rent Court and the Rent Tribunal, where it appears to it that it
is necessary in the interest of justice to call a witness for examination or cross-examination, such
witness can be produced and may order attendance for examination or cross-examination of such a
witness.

• The Rent Court shall not ordinarily allow more than three adjournments at the request of a party
throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in
writing and order the party requesting adjournment to pay the reasonable cost.

• All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of section 21 shall be
decided within 90 days of filing of application to the Rent Court and applications under clauses (d) and
(g) of sub-section (2) of section 21 shall be decided within 30 days of filing of application to the Rent
Court.
POWERS OF COURT AND TRIBUNAL
• As per Sec 37, the Rent Court and the Rent Tribunal, for the purpose of discharging their functions
under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil
Procedure, 1908.

• For the purpose of holding any inquiry or discharging any duty under this Act, the Rent Court may –
• (a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorize
any officer, subordinate to him, any premises at any time between sunrise and sunset;
• (b) by written order, require any person to produce for his inspection such books or documents
relevant to the inquiry.

• The Rent Court may, 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.

• The Rent Court may exercise the powers of a Judicial Magistrate of First Class for the recovery of the
fine under the provisions of the Code of Criminal Procedure, 1973.
POWERS OF COURT AND TRIBUNAL
• An order made by a Rent Court or an order passed in appeal or revision, or review shall be executable
by the Rent Court as a decree of a civil court.

• The Rent Court may set aside any order passed ex-parte if the aggrieved party files an application and
satisfies that he was prevented by any sufficient cause from appearing.

• Every order made by the Rent Court shall, be final and shall not be called in question in any original
suit, application or execution proceedings, but be subjected to appeal.

• As per Sec 38, from every final order passed by the Rent Court, an appeal shall lie to the Rent
Tribunal, within a period of thirty days from the date of final order, filed along with a copy of such
final order.

• The Rent Tribunal, shall serve notice, 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 one hundred and twenty days from the date of service of notice of appeal on the
respondent.

• The decision of the Rent Tribunal shall be final and no further appeal or revision shall lie against the
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