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The Kerala Buildings (Lease, Standard Rent and Other Facilities) Bill, 2012 PDF
The Kerala Buildings (Lease, Standard Rent and Other Facilities) Bill, 2012 PDF
A
BILL
to regulate the leasing of buildings, to control the rent and protect
the rights of the landlords and the tenants of such buildings in
the State of Kerala.
Preamble.- WHEREAS, it is expedient to regulate the leasing
India, as follows:-
requires,-
2
flat or hut;
connection with the purpose for which such building, flat or part of
such building or flat is let or to be let, but does not include a room
this Act;
rent fixed by the Rent Control Court under the provisions of this
Act;
writing between a landlord and a tenant for the use and the
shall keep the building in the same condition in which it was let out
36 of the Act;
acknowledgement due.
noting the names of the landlord, tenant, the terms and conditions of
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the tenancy and the date on which it was filed, with proper
attestation.
from the property tax or house tax assessment register of the Local
tenant, the right of tenancy shall devolve upon his successors in the
(a) Spouse;
(b) Children;
(c) Parents;
deceased son:
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the date of his death and was wholly dependent on the deceased
tenant and the successor does not own or occupy a building in the
same locality.
section (1) was ordinarily living in the building with the deceased
tenant but was not dependent on him on the date of his death or he
period of one year from the date of death of the tenant and on the
become extinguished:
a firm;
tenant is a company;
corporate body.
shall be,-
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(a) the rent agreed upon by the landlord and the tenant;
or
under section 8:
three years, the rent payable shall be increased by twenty per cent in
namely:-
the rent;
rent payable.
recover from the tenant the amount paid by him towards charges for
repairs necessary or usual for such building and the cost of that
the rent per year by an amount not exceeding thirty per cent of such
cost.
respect of the period of the tenancy after the expiry of thirty days
(4) Where, after the rent of a building has been fixed under
the provisions of this Act or agreed upon, there has been a decrease
8. Rent Control Court to fix standard rent etc.- (1) The Rent
(i) fix the standard rent for such building after holding
and 7.
(2) the report of the valuer under sub-section(1) shall contain the
details of all the facts taken note of by the valuer while inspecting
the building and his reasons for his conclusion regarding the
reasonable amount of rent the building may fetch on the date of his
has been lawfully sub-let, the Rent Control Court may also fix the
(4) The standard rent shall in all cases be fixed for a period of
twelve months:
of less than twelve months, the standard rent for such tenancy shall
bear the same proportion to the annual rent as the period of tenancy
section, the Rent Control Court shall fix the standard rent thereof in
by the landlord.
(6) The Rent Control Court may, while fixing the standard
order for payment of the arrears of amount due by the tenant to the
the application and shall appoint the date from which the rent or
security deposit.
11. Payment of Rent.- Every tenant shall pay rent and other
any default occurs in the payment of rent and other charges, if any,
the tenant shall be liable to pay simple interest at the rate of twelve
per cent per annum from the date on which such payment of rent
paid.
written receipt for the amount paid duly signed by the landlord or
by the tenant, within two months from the date of payment and after
other charges paid by the tenant and the costs of the application and
which the tenant shall deposit the rent and other charges payable to
the landlord.
(4) Where the landlord does not supply the particulars of bank
account, the tenant shall remit the rent and the other charges
charges.
does not accept the rent and other charges, if any, payable by the
doubt as to the person to whom the rent is payable, the tenant shall
deposit such rent and other changes, if any, payable with the Rent
the Rent Control Court shall send, in the prescribed manner, a copy
deposit of rent and other charges, if any, payable, the Rent Control
entitled to receive the rent and other charges deposited, order the
rent and other charges payable shall be made by the Rent Control
Court under this sub-section without giving all the persons named
prejudice to the rights of such persons to receive such rent and other
incorrect, the landlord may file a petition before the Rent Control
Court within thirty days from the date of receipt of the notice of
deposit.
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heard and on being satisfied that the statements in the petition are
may extend to two months’ rent as fine and may order that a sum
accept the rent and other charges payable, though tendered to him,
amount which may extend to two months’ rent as fine and may
further order that a sum out of the fine imposed be paid to the tenant
as compensation.
deposited under the said section, unless the deposit is made within
twenty-one days from the date specified under section 11 for the
tenant.
(3) Where the rent is deposited within the time limit specified
under sub-section (1) and does not cease to be valid deposit for the
validly tendered.
other charges, if any, payable, deposited under section 13, shall not
other charges payable during the period of default, the amount due,
the rent and other charges payable under the said section.
(2) Where any rent and other charges payable and deposited
are not withdrawn, before the expiration of five years from the date
Court.
the last known address of such landlord or person and shall also
publish the notice in the office of the Rent Control Court and in any
local newspaper.
or any other law for the time being in force, or in any judgment,
Act:
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Provided that at any time before the said period, the landlord
tenancy.
(3) It shall be the duty of the tenant to hand over the physical
otherwise.
the tenant shall apply to the Rent Control Court for permission to
make such repairs himself and shall submit to the Rent Control
being heard and after considering such estimate of the cost and
writing, permit the tenant to make such repairs at such cost as may
tenant to make such repairs himself and to deduct the cost thereof,
which shall in no case exceed the amount so specified, from the rent
from rent in an year shall not exceed one-half of the rent payable by
the tenant for that year and any amount remaining not recovered in
years at the rate of not more than twenty-five percent of the rent for
a month:
jointly carry out the repairs and share the expenses proportionately.
which,-
except with undue inconvenience and the tenant had agreed to take
(b) after being let out was caused by the tenant to be not
tenant.
proof means any document such as Ration Card, Income Tax PAN
which may extend to ten thousand rupees for the first offence and
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exceeding three months or with fine which shall not be less than
(3) The tenant shall make good all damage caused to the
apply to the Rent Control Court for permission to make good the
said damage and the Rent Control Court may decide the matter after
repairs and to recover the cost of such repairs from the tenant,
(4) The tenant shall hand over the possession of the building
normal wear and tear, when it was handed over to him at the
caused, not being the damage caused by force majeure, the tenant
shall make good the damage caused to the building failing which
the landlord may apply to the Rent Control Court and the Rent
Control Court may decide the matter in the manner provided in sub-
section (3).
(6) The tenant shall vacate and hand over the building to the
panchayat.
contravention.
(3) Where the Rent Control Court is satisfied that the essential
enhanced rent, the Rent Control Court shall pass an interim order,
(4).
(4) Where the Rent Control Court on enquiry, finds that the
building was cut off or withheld by the landlord, without just and
frivolously or vexatiously;
services.
(a) that the tenant has neither paid nor tendered the whole of
provisions of this Act from him within two months from the date on
(b) that the tenant has without the consent in writing of the
(c) that the tenant has used the building for a purpose other
than that for which it was let without obtaining the consent in
commercial one and the tenant has not been occupying therein,
before the date of the filing of the application for the recovery of
possession thereof;
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(e) that the building or any part thereof has become unsafe
(f) that the landlord requires the building for carrying out
(g) that the building or any part thereof are required by the
vacated:
under clause (f), (g) or (h) shall be made unless the Rent Control
Court is satisfied that the plan and the estimate of such repairs or
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and that the landlord has necessary means to carry out the said
repairs or re-construction;
floors and the same are required by the landlord for the purpose of
appropriate proceedings;
this Act, built or acquired vacant possession of, or been allotted any
may permit but not exceeding one year from the date of passing the
order of eviction;
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(k) that the building was let to the tenant for use as a
landlord, and that the tenant has ceased, whether before or after the
building shall be made on this ground where the Rent Control Court
landlord;
substantially;
convicted for using or for allowing the use of the building for an
any building shall be made on this ground if the tenant, within such
of his family if he is the owner thereof or for any person for whose
benefit the building is held and that the landlord or such person has
building shall lie under this clause unless a period of one year has
under law.
of which any building let out by him forms a part shall not disentitle
(3) In any proceedings for eviction under clauses (f), (g), (h)
section 24, the Rent Control Court may allow eviction from a part
a residential building for which the monthly rent is more than ten
rent is more than twenty thousand rupees and the eviction in such
residential building, there shall accrue, from the date of such order,
any other law for the time being in force or in any tenancy
received,-
to the tenant such amount as represents the rent payable for the
same before the Rent Control Court on the date on which the
delivery is to be effected or two weeks prior to the date fixed for the
delivery of possession;
refund to the tenant a sum which shall bear the same proportion to
per cent per annum on the amount which he has failed to refund:
and the building let out by him, his spouse or his children, as the
member, his spouse or his children, as the case may be, may, within
one year from the date of his release or retirement from such Armed
Forces or one year from the date of death of such member or within
whichever is later, apply to the Rent Control Court for the recovery
and has a period of less than one year preceding the date of his
retirement and the building let by him, his spouse or his children, as
the case may be, is required for his own residence after his
retirement, he, his spouse or his children, as the case may be, at any
time, within a period of one year before the date of his retirement,
sub-section (1) or sub-section (2) has let more than one building it
shall be open to him, his spouse or his children, as the case may be,
Act of Parliament.
State Government and the building let by him, his spouse or his
children is required for his own residence such person, his spouse or
his children, as the case may be, may within one year from the date
building.
preceding to the date of his retirement and the building let by him or
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his spouse or his children is required by him for his own residence
after his retirement, he, his spouse or his children, as the case may
be, may, at any time within a period of one year before the date of
retirement shall apply to the Rent Control Court for the recovery of
sub-section (1) or sub-section (2) has let more than one building, it
widows, persons with disability and senior citizens.- (1) Where the
landlord is,-
deceased husband; or
(b) a person with disability and the building was let by him; or
(c) a person who is of the age of sixty years or more and the
required by her or him or for her or his family or for any one
purpose, such person may apply to the Rent Control Court for the
non-residential building.
the tenant to pay the landlord the amount of rent legally recoverable
and the Rent Control Court may, after giving the parties an
pay to the landlord or deposit with the Rent Control Court within
one month from the date of such order, an amount calculated at the
rate of rent last paid for the period for which the arrears of the rent
tenant, the Rent Control Court may, within fifteen days from the
shall be paid or deposited by the tenant within one month from the
date on which the standard rent is fixed or such further time as the
payable, the Rent Control Court may direct the tenant to deposit
with the Rent Control Court the amount payable by him under sub-
section (1) or sub-section (2), as the case may be, and in such case,
until the Rent Control Court decides the dispute and makes an order
landlord shall not, except with the permission of the Rent Control
Court in the prescribed manner, re-let the whole or any part of the
possession:
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be.
the landlord or by the person for whose benefit the building is held,
occupied is, at any time within three years from the date of
pay him such compensation as the Rent Control Court thinks fit or
with both as the facts and circumstances of the case may warrant.
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and re-entry.- (1) The Rent Control Court may, while making an
order on the grounds specified in clause (e), (f), (g) or (h) of sub-
section (2) of section 20, fix the new rent and ascertain from the
elects, shall record the fact of the selection in the order and specify
tenant.
date specified in the order and the landlord fails to commence the
months from the date specified, the Rent Control Court may, on an
building apply to the Rent Control Court for an order directing the
bonafide needs the building for his own occupation or for the
Provided further that the Rent Control Court shall not give
him.
Rent Control Court, in the prescribed manner, lets the whole of the
landlord and the tenant and the tenant does not, on the expiry of the
building for more than two times consecutively except for good and
more has elapsed after the expiry of the last limited period of
tenancy.
this section.
(3) All applications made before the Rent Control Court and
abate on the expiry of the period for which permission has been
Control Court may order damages to the landlord for the use or
occupation of the building at double the last rent paid by the tenant
together with interest at the rate of twelve per cent per annum for
the period from the date of such order till the date of actual vacation
by the tenant.
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in any other law for the time being in force the Rent Control Court
(a) the tenant to whom such building was let for use as a
building; or
building; or
and charitable dispensary but does not include any such institution
incorporate or not.
additional structure on, any building which has been let to a tenant
landlord is ready and willing to commence the work and that such
work will not cause any undue hardship to the tenant, the Rent
Control Court may permit the landlord to do such work and may
permissible under the Building Rules for the time being in force, to
erect any building, whether for use as a residence or for any other
to obtain possession of the land from the tenant during the tenancy
work and that the severance of the vacant land from the rest of the
building will not cause undue hardship to the tenant, the Rent
anything contained in any other law for the time being in force,
reason whatsoever and any order is made by the Rent Control Court
under this Act for the recovery of possession of such building, the
persons therefrom:
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Inspectors for the purpose of this Act and may assign to them such local
limits of jurisdiction.
enquiry under this Act enter any building, in the manner as may be
prescribed.
37. Duties and Powers of Valuer.- (1) The Valuer shall assist
the Rent Control Court in fixing the standard rent for any building
(3) The Valuer shall prepare and submit the report for the
purposes of section 8.
Control Court and every order passed in an appeal shall after the
Court or if there are more than one Munsiff’s Court by the Principal
Act.
such officers and authorities not below the rank of a District Judge,
order.
the Rent Control Court may, within thirty days from the date of
(3) The Appellate Authority may call for the records of the
case from the Rent Control Court and after giving the parties an
(4) The Appellate Authority shall also have all the powers of
the Rent Control Court including power for fixing the arrears of
rent.
the Rent Control Court, shall be final and shall not be called in
Appellate Authority, as the case may be, which shall have full
extent such costs are to be paid and to give all necessary directions
any order passed by the Rent Control Court with regard to the costs
this Act, the Appellate Authority may remand the case for fresh
Any order for the eviction of a tenant passed under this Act shall be
binding on all sub-tenants under him, whether they are parties to the
or collusion.
46. Summons etc.– (1) The Rent Control Court and the
proceedings; and
summon and examine suo motu any person whose evidence appears
section (2) of section 19, the Rent Control Court may impose on the
the tenant for sub-letting for every month till such time the cause of
sub-section (2) of section 27, the Rent Control Court may impose a
fine which may extend to six months’ rent of the building and may
construction, as the case may be, within three months from the
specified date under sub-section (1) of section 28, the Rent Control
Court may impose a fine equivalent to rent for three months and the
section (2) of section 27 within three months from the date of the
may be, after receipt of the intimation in writing by the landlord, the
orders in any proceedings before it within six months from the date
(e) the manner in which the entry and the inspection by the
section 27;
and
be prescribed.
(3) Every rule under this Act shall be laid as soon as may be
rule or decides that the rule should not be made, the rule shall
as the case may be, so, however, that any such modification or
thereunder.
difficulty.
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53. Repeal and savings.- (1) The Kerala Buildings (Lease and
(2) Not withstanding such repeal, the Rent Control Courts and