The Delhi Rent Control Act, 1958 : A brief discussion
What is the purpose of introducing the Delhi Rent Control Act, 1958?
The main object of introducing the Delhi Rent Control Act, 1958 was to protect the rights of tenants by restricting the landlords from evicting their tenants except on the grounds available under the said Act.
When does the said Act applies?
The provisions of the Delhi Rent Control Act, 1958 are applicable incases where the amount of monthly rent of a property is Rs. 3,500/- or less. However, if the amount of rent of a property is more than Rs. 3,500/- per month, the provisions of the Transfer of Property Act, 1882 becomes applicable.
What is the territorial jurisdiction to adjudicate the dispute covered under the said Act?
In case of a dispute between a landlord and a tenant under the said Act, the authority to legally intervene in the dispute lies with the concerned Rent Controller of the area where the property in question is situated.
Where the Appeal lies?
An appeal against the decision of the Rent Controller lies before the Rent Control Tribunal under Section 38 of the Act, and later on with the concerned High Court of the State under Article 227 of the Constitution of India.
How the said Act is disadvantageous from the point of view of a Landlord?
- The Delhi Rent Control Act 1958 is pro-tenant.
- A tenant enjoys the property at a very nominal rent for years and years together even if the sale value or even the market rate of rent of that property is very high.
- Sometimes a landlord loses interest in spending money towards the repairs and maintenance of the property as the amount of rent is very low because of which sometimes the buildings go in a depilated state and ultimately collapse.
- Since legislature intends to protect a tenant, therefore, sometimes a landlord finds it difficult to evict a tenant.
- It has also been observed that in most of the cases, a tenant also takes advantage of the slow pace of judicial system and thus retain the possession of a tenanted property for years and years.
How the said Act is disadvantageous from the point of view of a tenant?
- Sometimes a Landlord in order to get his property vacated although he is a man of means, yet he approaches court by manipulating facts by creating his false bonafide need qua the tenanted premises.
- Heirs of statutory tenant are entitled to same protection against eviction as affordable to tenant under the Delhi Rent Control Act.
Can the dispute between the landlord and tenant gives rise to any other litigation.
The wide range of difference between the interests of landlords and tenants has not only led to increased litigation under the said Act but it has also given origin to various criminal cases between the landlord and tenant over the rented properties.
What about the expertise of Aneja & Aneja in dealing with Rent matters?
Aneja & Aneja got a separate team of lawyers with wide range of experience in dealing with Rent matters before District Courts, High Court and Supreme Courts.