FAIR RENT SECTION 8 OF SRPO:.

When it comes to deciding on fair rent, there are several factors that one must take
into consideration.

The current rent of the similar buildings in the immediate locality at that time
during the year previous to the application being made.
The current cost of repairs, construction and taxes.
The rental value of the buildings can be decided as per the Property Tax
Assessment Register of the Taxation Department.
Section 8. of the Sindh Rented Premises Ordinance details with the Fair rent. (1)
The Controller shall, on application by the tenant or landlord determine fair rent of
the premises after taking into consideration the following factors: —-
(a) the rent of similar premises situated in the similar circumstances, in the same or
adjoining locality.
(b) the rise in cost of construction and repair charges.
(c) the imposition of new taxes, if any, after commencement of the tenancy; and
(d) the annual value of the premises, if any, on which property tax is levied.
(2) Where any addition to or, improvement in, any premises has been made or any
tax, or other public charge has been levied, enhanced, reduced or withdraw in
respect thereof, or any fixtures such as lifts or electric or other fittings have been
provided thereon subsequent to the determination of the fair rent of such premises,
the fair rent shall, notwithstanding the pro¬visions of section 9 be determined or,
as the case may be, revised after taking such changes into consideration.

SECTION 10 (3) SRPO

DEPOSIT RENT IN COURT
Payment of Rent (Section 10(3), Sindh Rented Premises Ordinance 1979) In any
scenario, landlord refuses to collect rent, so tenant should try to send rent from
moneyorder. After that landlord received money order, that is good, but if they
don’t, you should file arent application before the court which is known as “Rent
Controller” through a lawyer. In thisapplication you prove that there is a
relationship between you and the landlord, which can beevidenced by a tenancy
agreement, and a rent receipt. Also, you should attach the money orderreceipt that
you sent him and he refused to accept it, this will prove that you did your best to
paythe rent.So Miscellaneous Rent Application (MRC) of Payment of Rent under
Section 10 of the SindhRented Premise Ordinance, 1979 will allow on the ‘first
date’ by the Senior Civil Judge/RentController.Fair Rent (Section 8, Sindh
Rented Premises Ordinance 1979) In any circumstances, landlord realize that my
property rent is not fair because in my locality,similar house’ rent is more than my
house rent, landlord wants to increase the rent but agreementis done so what he
does? In this circumstance, rent may be increase but need some facts, which isdeals
in Section 8, Sindh Rented Premises Ordinance 1979. Firstly, it is said that if the
rent of similar premises, similar construction in the same locality ismore than your
property rent, if your premises is built in 20 years ago and you proof other
housesimilar premises but that property is built 2 years ago than it is not met this
condition, becausethis is obvious that property is paid out more.Also, if the rent of
the same house is found to be low, the tenant can also request the court toreduce
the rent.Secondly, it is said that cost of repair and construction charges increase,
then you met the criteriato increment.Thirdly, it is said that if the new taxes
imposed after the tenancy agreementFourthly, according to this section, if the rate
of property which is fixed by the government everyyear and on which the tax is
levied increases, then the court can increase the rent under this section
Delivery of vacant possession (Section 14, Sindh Rented Premises Ordinance
1979) At any point of time, if a person wants to vacate his house from tenancy, he
can have fourreasons, one is if he has reached the age of 60, second is if a widow,
third is if he is about toretire and fourthly, if both the parents are deceased.But
landlord has a house in this area and is in possession of it, he is not eligible for this
law, thecourt will reject his request to vacate his house.When the court decided to
vacate the property but tenant ignore this direction than court mayusing force to
ejection as may be necessary. Delivery of vacant possession (Section 15, Sindh
Rented Premises Ordinance 1979) According to Section 15 of the Sindh Rented
Premises Ordinance 1979, if the landlord wants to vacate the premises, the
controller decides what to do. If he is satisfied that there has been some misconduct
on the part of the tenant, as described below, the controller may grant the landlord’s
application and order the tenant to vacate the premises.First, if the tenant fails to
pay the rent in 15 days after due date which is mutually decided on theagreement
or if there is no agreement between them then tenant fails to pay rent in 60 days
afterthe rent due for payment.Second, if the tenant handed over the premises to
others, if the tenant uses other than the purpose for which he rents the premises,
and if the tenant reneges on his agreement forwhich he was given the premises
on rent. Third, the tenant does any act which is harmful of the material value and
theutility of the premises. Forth, the tenant is doing something that causes trouble
to his neighbour.Fifth, the landlord is directed to the relevant department to
demolished the building and rebuild, then landlord can vacate the premises. Sixth,
if the landlord needs to vacate that premises for wife or his children ingood faith,
if his intention to vacate this premises and rent out in huge amount
than previous tenant can filled application against you. Seventh, the landlord can
obtain the possession of that premises to rebuild,because of the condition of
house is bad. But if the landlord is fails to Demolished that building
after two years of vacant then tenant can entitle the possession again from the
Controller. Eighth, if the landlord rebuilds the building and do tenancy agreement
otherparty, than older tenant file application to the controller for put
the possession again, controller decide to do possession again but new
agreement according to the new scenario because the building is new,
facility is more than that older building etc. Procedure (Section 19, Sindh Rented
Premises Ordinance 1979) This section deals procedure of filling the application
and pursue the stages of case. When thecase is admitted in the rent controller with
evidence then notice to written submission, after thatcourt is record the evidence,
may be controller say that produce the witness/applicant or submit the affidavit in
evidence. After submission of affidavit, may do examination in chief of
theapplicant, and produce the original document of the submitted evidence. After
that completion examination in chief, then respondent do cross examination. After
that controller do record the evidence of the respondent in the court in same
time and also said submit the affidavit inevidence then same procedure follows
that do examination in chief and cross examination. Afterthe completion of above
procedure then court do judgement. If any person understand that heshould go to
appeal, he do appeal in district court under section 21 of Sind Rented
PremisesOrdinance 1979..
EVICTION SPECIAL CATEGORIES SECTION 14:_
EVICTION – special categories Secon 14, Sindh Rented Premises Ordinance
1979) At any point of me, if a person wants to vacate his house from tenancy, he
can have four reasons, one is if he has reached the age of 60, second is if a widow,
third’s if he is about to retire and fourthly, if both the parents are deceased. .But
landlord has a house in this area and is in possession of it, he is not eligible for this
law, the court will reject his request to vacate his house. When the court decided to
vacate the property but tenant ignore this direction than court may using force to
ejection as may be necessary. For filling application u/s 14, the advocate need to
take from client such following documents : • Widow applicant1. Rent agreement2.
Husband death certificate • A person about to retire 1. Rent agreement2.
Notification of his retirement• A person has reached age of 601. Rent agreement2.
CNIC • If both the parents are deceased1. Rent agreement2. Death certificate of
both father and mother