The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017

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The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and
Tenants Act, 2017
Act 42 of 2017
Keyword(s):
Agreement, Landlord, Premises, Rent Court, Rent Payable, Tenant
Amendments appended: 39 of 2018, 22 of 2019, 3 of 2020, 19 of 2022
300 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
THE TAMIL NADU REGULATION OF RIGHTS AND RESPONSIBILITIES OF
LANDLORDS AND TENANTS ACT, 2017
Arrangement of sections
CHAPTER I.
PRELIMINARY.
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Act not to apply to certain premises.
CHAPTER II.
TENANCY.
4. Tenancy Agreement.
5. Period of tenancy.
6. Inheritability of tenancy.
7. Restriction on subletting.
CHAPTER III.
RENT.
8. Rent payable.
9. Revision of rent.
10. Rent Authority to fix or revise rent.
11. Security deposit.
CHAPTER IV.
OBLIGATIONS OF LANDLORD AND TENANT.
12. One set of original agreement to be given to the tenant.
13. Receipt to be given for rent paid.
14. Deposit of rent with the Rent Authority.
15. Repair and maintenance of property.
16. Tenant to look after the premises.
17. Entry with notice.
18. Information about the property manager.
19. Role and responsibilities of property manager.
20. Cutting off or withholding essential supply or service.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 301
CHAPTER V.
REPOSSESSION OF THE PREMISES BY THE LANDLORD.
21. Repossession of the premises by the landlord.
22. Recovery of possession for occupation.
23. Compensation in case of non vacancy.
24. Refund of advance rent by the landlord.
25. Payment of rent during eviction proceedings.
26. Permission to build additional structures.
27. Special provision regarding vacant sites.
28. Vacant possession to landlord.
29. Provision regarding notice of giving up possession by the tenant.
CHAPTER VI.
RENT COURTS AND RENT TRIBUNALS.
30. Appeals.
31. Constitution of Rent Court.
32. Constitution of Rent Tribunals.
33. Jurisdiction of Rent Court.
34. Procedure of Rent Court and Rent Tribunal.
35. Powers of Rent Court and Rent Tribunal.
36. Appeal to Rent Tribunal.
37. Execution of the order.
CHAPTER VII.
APPOINTMENT OF RENT AUTHORITIES, THEIR POWERS AND FUNCTIONS.
38. Appointment of Rent Authority.
39. Power and Procedure of Rent Authority.
CHAPTER VIII.
MISCELLANEOUS.
40. Jurisdiction of civil courts barred in respect of certain matters.
41. Court-fees.
42. Members, etc. to be public servants.
43. Members, etc. to be under the control of High Court.
44. Protection of action taken in good faith.
45. Power to make rules.
46. Power to remove difficulties.
47. Repeal and savings.
First Schedule
Second Schedule
Third Schedule
302 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 4th August 2017 and is hereby published for general information:-
ACT No. 42 OF  2017.
An Act to establish a framework for the regulation of rent and to balance the rights
and responsibilities of landlords and tenants and to provide fast adjudication
process for resolution of disputes, and matters connected therewith or incidental
thereto.
B
E it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017.
(2) It shall extend to all urban areas of the State of Tamil Nadu.
(3)  It shall come into force on such date as the Government may, by notification,
appoint and different dates may be appointed for different provisions of this Act:
     Provided that the Government may, by notification, exclude any area or units
or class of buildings from the operation of this Act or any provision thereof.
2. In this Act, unless the context otherwise requires, —
(a) “agreement” or “tenancy agreement” means the written agreement
executed by the landlord and the tenant as required under this Act;
(b) “Government” means the State Government;
(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;
(d) “local authority” means,—
(i)  a town panchayat or municipality constituted under the Tamil Nadu
District Municipalities Act, 1920;
(ii)  a municipal corporation established under any law for the time being
in force; and
(iii)  a cantonment board constituted under the Cantonments  Act, 2006;
(e) “person with disability” has the same meaning as assigned to it in
clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016;
(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;
(g) “prescribed” means prescribed in the rules made under this Act;
Short title,
extent and
commence-
ment.
Tamil Nadu
Act V of
1920.
Central Act 41
of 2006.
Central Act 49
of 2016.
Definitions.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 303
(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;
(i) “Rent Authority” means an officer appointed under section 38;
(j) “Rent Court” means a Rent Court constituted under section 31;
(k) “rent payable” in relation to any premises means the rent as per
section 8;
(l) “Rent Tribunal” means the Rent Tribunal constituted under  section 32;
(m) “Schedule” means the Schedule to this Act;
(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;
(o) “Urban Area” means the areas that fall under the jurisdiction of either
the Municipal Corporation or the Municipality or the Town Panchayat or the Cantonment
Board, as the case may be.
3. Nothing in this Act shall apply to–
(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:
Provided that any owner of the premises falling under clauses (a) to (d) wishes
that the tenancy agreement entered into by them be regulated under the provisions
of this 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.
CHAPTER II.
TENANCY.
4. (1) Notwithstanding anything contained in this Act or any other law for the
time being in force, no person shall, after the commencement of this Act, let or
take on rent any premises except 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.
(2) 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, in the form specified in the First Schedule:
Act not to
apply to
certain
premises.
Central Act 43
of 1995.
Central Act II
of 1882.
Tenancy
Agreement.
304 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
Provided that where the landlord and the tenant fail to present jointly a copy of
tenancy agreement under clause (a) or fail to reach an agreement under clause (b),
such landlord and the tenant shall separately file the particulars about such tenancy.
(3) Every agreement referred to in sub-section (1) or required to be executed
under sub-section (2) shall be in such manner and within such period as may be
prescribed.
(4) The Rent Authority, after receiving such information about tenancy
agreement, shall register the agreement and provide a registration number to the
parties.
(5) Information provided under sub-section (1) and (2) shall be taken as
evidence of facts relating to tenancy and matters connected therewith and in its
absence, any statement in the agreement shall not be received as evidence of the
facts in any court of law.
(6) The Rent Authority shall upload the details of all tenancies along with
the registration number provided under sub-section (4), in the form and manner
as may be prescribed, on its website within fifteen days of the allotment of the
registration number.
5. (1) 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.
(2) 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.
(3) 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 such tenancy, the tenancy
shall be deemed to be renewed on a month-to-month basis on the same terms
and conditions as were in the expired tenancy agreement, for a maximum period
of six months.
6. (1) Save as provided in sub-section (2), the tenancy shall cease immediately
after the death of the tenant.
(2) 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/unmarried daughters;
(c) parents;
(d) daughter-in-law being the widow of a predeceased son:
Provided that the successor had been ordinarily living or working in the premises
with the deceased tenant upto his death.
7. (1) After the commencement of this Act, 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.
(2) Where the premises are sublet as provided in sub-section (1), 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.
Period of
tenancy.
Inheritability of
tenancy.
Restriction on
subletting.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 305
CHAPTER III.
RENT.
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,
after the expiry of twelve months from the commencement of this Act, rent payable
shall be as provided in clause (a), and—
(i) the landlord shall intimate the tenant two months prior to the expiry
of the said twelve months about the revision in rent, if required;
(ii) in the absence of an agreement between the landlord and the tenant
on the rent payable as provided in clause (a), the landlord shall have the option
to terminate the tenancy as per clause (a) of sub-section (2) of section 21.
9. (1) Revision of rent between the landlord and the tenant shall be as per
the terms set out in the tenancy agreement.
(2) Save as agreed in the agreement, the landlord shall give a notice in
writing three months before the revised rent becomes due.
(3) If a tenant who has been given notice of an intended increase of rent
under sub-section (2), 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.
(4) 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.
(5) No tenant shall directly or indirectly sublet or assign, whole or part of
the premises for a rent that is higher than the rent or the proportionate rent charged
by the landlord to the tenant.
(6) Where the landlord, after the commencement of tenancy and with
agreement with the tenant has incurred expenditure on account of improvement,
addition or structural alteration in the premises occupied by the tenant, which does
not include repairs necessary to be carried out under section 15, 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.
(7) Where after the rent of a premises has been agreed or fixed, there has
been a decrease or diminution or deterioration of accommodation or housing
services in the premises, the tenant may claim a reduction in the rent and may
approach the Rent Authority in case of conflict.
(8) The landlord may, either restore the premises and the housing services
as at the commencement of tenancy or agree for a reduction in rent.
10. The Rent Authority, on an application made by the landlord or tenant, shall
fix or revise, as the case may be, the rent and other charges payable by the tenant
and also fix the date from which the revised rent becomes payable.
11. (1) Save an agreement to the contrary, it shall be unlawful to charge a
security deposit in excess of three times the monthly rent.
(2) 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.
Rent payable.
Revision of
rent.
Rent Authority
to fix or
revise rent.
Security
deposit.
306 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
CHAPTER IV.
OBLIGATIONS OF LANDLORD AND TENANT.
12. After the tenancy agreement has been signed by both the landlord and tenant,
the landlord shall give one original signed and registered agreement to the tenant
within fifteen days of the agreement being signed by them in the manner as may
be prescribed.
13. (1) Every tenant shall pay rent and other charges payable within the stipulated
period as in the tenancy agreement.
(2) Every tenant who makes payment of rent or other charges payable or
advance towards such rent or other charges to his landlord, shall be entitled, against
acknowledgement, to obtain forthwith from the landlord or his property manager,
a written receipt for the amount paid to him, signed by the landlord or his property
manager.
14. (1) Where 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 as may be prescribed consecutively
for two months, and if the landlord does not accept the rent and other charges within
the said period, then, the tenant shall deposit the same with the Rent Authority.
(2) Whenever there is bona fide  doubt about the person or persons to whom
the rent is payable, the tenant shall deposit such rent and other charges with the
Rent Authority.
(3) On deposit of the rent and other charges, the Rent Authority shall
investigate the case and pass an order based on facts of the case.
(4) The withdrawal of rent and other charges deposited under sub-section
(1) or sub-section (2), as the case may be, shall not operate as an admission
against the person withdrawing it to the correctness of rent or any other fact stated
by the tenant.
(5) Any rent and charges not withdrawn for five years by any person entitled
to withdraw shall be forfeited by the Government.
15. (1) Notwithstanding any contract in writing to the contrary, the landlord and
the tenant shall be bound to keep the premises in as good a condition as at the
commencement of the tenancy, except for normal wear and tear, and shall be
responsible for the respective repairs and maintenance as specified in the Second
Schedule.
(2) In case of common facilities shared among the tenants or with the
landlord, the respective responsibilities of each tenant and landlord shall be specified
in the tenancy agreement.
(3) In the event of tenant’s refusal to carry out the scheduled or agreed
repairs, the landlord shall get the repairs done and deduct the amount from the
security deposit.
(4) 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:
Provided that in no case will the deduction from rent in any one month exceed
fifty per cent of the agreed rent for one month.
(5) In case the premises is uninhabitable without the repairs and the
landlord has refused to carry out the required repairs, after being called upon to
get the repairs done 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.
16. During the tenancy, the tenant shall—
(a) not intentionally or negligently damage the premises or permit such
damage;
Agreement to
be given to
the tenant.
Receipt to be
given for
rent paid.
Deposit of
rent with the
Rent
Authority.
Repair and
maintenance
of property.
Tenant to look
after the
premises.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 307
(b) notify the landlord of any damage as soon as possible;
(c) take reasonable care of the premises and its contents and keep it
reasonably habitable having regard to its condition at the commencement of tenancy
and the normal incidence of living.
17. (1) 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 under the following circumstances, namely:-
(a) to carry out repairs or replacement or do or get work done in the
premises;
(b) to carry out an inspection of the premises for the purpose of
determining whether the premises is in a habitable state;
(c) for any other reasonable reason for entry specified in the tenancy
agreement.
(2) The written notice shall specify the reason for entry, the day and time
of entry between 7.00 A.M. to 8.00 P.M.
18. In case the landlord has hired a property manager, the landlord shall provide
the tenant, the following information, namely:—
(a) property manager’s name;
(b) the proof that he is agent of the landlord and employed by the landlord;
(c) if the property manager is a company, name of the company, employee
who can be contacted in relation to the tenancy agreement.
19. The functions of the property manager may include the following, namely:—
(a) collection of rent against receipt;
(b) getting essential repairs done on behalf of the landlord;
(c) inspection of the premises, from time to time;
(d) giving notices to tenant for—
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises; and
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between landlord and
tenant;
(f) any other matters relating to tenancy.
20. (1) 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.
(2) In case of contravention of sub-section (1) and on complaint from the
tenant or the landlord, as the case may be, the Rent Authority, after examining the
matter, may pass an interim order directing the restoration of supply of essential
services immediately pending the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an inquiry against the complaint made
by the landlord or the tenant, as the case may be, and complete the inquiry within
one month of filing of such complaint.
(4) The Rent Authority may also levy a penalty on the person responsible
for cutting off or withholding the essential supply, which may extend to an amount
of loss or damage as may be prescribed.
Entry with
notice.
Information
about the
property
manager.
Role and
responsibilities
of property
manager.
Cutting off or
withholding
essential
supply or
service.
308 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(5) The Rent Authority may direct that compensation be paid to the landlord
or tenant if it finds that the complaint was made frivolously or vexaciously.
Explanation. —For the purpose of this section, essential services includes supply
of water, electricity, lights in passages, lifts and on staircases, conservancy, parking,
communication links, sanitary services and the like.
CHAPTER V.
REPOSSESSION OF THE PREMISES BY THE LANDLORD.
21. (1) A tenant shall not be evicted during the continuance of tenancy agreement
except in accordance with the provisions of sub-section (2).
(2) The Rent Court may, on an application made to it in the manner as may
be prescribed, make an order for the recovery of possession of the premises on
one or more of the following grounds, namely:—
(a) that the landlord and tenant have failed to agree to the rent payable
under section 8;
(b) that the tenant has not paid the arrears in full of rent payable and
other charges payable as specified in sub-section (1) of section 13 for two months,
including interest for delayed payment as may be specified for in the tenancy
agreement or as prescribed, as the case may be, within one month of notice of
demand for the arrears of such rent and all charges payable being served on him
by the landlord in the manner provided in sub-section (4) of section 106 of the
Transfer of Property Act, 1882:
Provided that no order for eviction of the tenant on account of default of payment
of rent shall be passed, if the tenant makes payment to the landlord or deposits
with the Rent Court all arrears of rent including interest within one month of notice
being served on him:
Provided further that this relief shall not be available again, if the tenant defaults
in payments of rent consecutively for two months in any one year subsequent to
getting relief once;
(c) that the tenant has, after the commencement of this Act, parted with the
possession of whole or any part of the premises without obtaining the written
consent of the landlord;
(d) that the tenant has continued misuse of the premises even after receipt
of notice from the landlord to stop such misuse.
Explanation. —For the purpose of this clause, “misuse of premises” means
encroachment of additional space by the tenant or use of premises which causes
public nuisance or causes damage to the property or is detrimental to the interest
of the landlord or for an immoral or illegal purposes;
(e) that the premises or any part thereof are required by the landlord for
carrying out any repairs or building or rebuilding or additions or alterations or
demolition, which cannot be carried out without the premises being vacated:
Provided that the re-entry of the tenant after such repairs, building, rebuilding,
addition, alteration or demolition shall be allowed only when it has been mutually
agreed to between the landlord and the tenant and the new tenancy agreement has
been submitted with the Rent Authority:
Provided further that re-entry of the tenant shall not be allowed in the absence
of such mutual agreement submitted with the Rent Authority and also in cases where
the tenant has been evicted under the orders of the Rent Court;
(f) that the premises or any part thereof are required by the landlord for
carrying out any repairs, building, rebuilding, additions, alterations or demolition,
for change of its use as a consequence of change of land use by the competent
authority;
Repossession
of the
premises by
the landlord.
Central Act
IV of 1882.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 309
(g) 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 or for any member of his family or for any person for whose benefit
the premises were held and the landlord or such person is not in possession of
any suitable accommodation within the same urban area;
(h) that the tenant has given written notice to quit and in consequence
of that notice, the landlord has contracted to sell the accommodation or has taken
any other step, as a result of which his interests would seriously suffer if he is
not put in possession of that accommodation.
(3) In any proceedings for eviction under clause (e) of sub-section (2), the
Rent Court may allow eviction from only a part of the premises, if the landlord is
agreeable to the same.
22. (1) Where an order for recovery of possession of any premises is made
on the ground specified in clause (g) of sub-section (2) of section 21, the landlord
shall be entitled to obtain possession thereof within a period of one month in the
case of residential premises and two months in the case of  non-residential
premises from the date of passing of eviction order:
Provided that in case of premises let by category of landlords specified in the
Third Schedule or by their spouse or dependent children (including dependents of
pre-deceased personnel in armed forces), the landlord shall be entitled to obtain
possession immediately after passing of the eviction order.
(2) Where a landlord recovers possession of any premises from the tenant
under clause (g) of sub-section (2) of section 21, the landlord shall not, except with
the permission of the Rent Court obtained in the manner as may be prescribed,
re-let whole or part of the premises within three years from the date of obtaining
such possession, and if the landlord re-lets his premises without permission of
the Rent Court, the Rent Court may levy a penalty on the landlord which may extend
to ten thousand rupees.
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 the case may
be.
24. (1) Where a landlord exercises the right of recovery of possession under
sub-section (2) of section 21, 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.
(2) If any default is made in making any refund, the landlord shall be liable
to pay simple interest at such rate as may be prescribed from time to time on the
amount which he has omitted or failed to refund.
25. In any proceedings for recovery of possession on any ground other than
that referred to in clause (a) or clause (b) of sub-section (2) of section 21, the tenant
contests the claim for eviction, the landlord may, at any stage of proceedings, apply
to the Rent Court to direct the tenant to pay to the landlord rent payable as under
section 8 and the Rent Court may order the tenant to make such payment as agreed
regularly to the landlord by the tenth of the month and all other charges due from
the tenant along with penal charges, if any, due to delay in the same manner as
provided in sub-section (1) of section 13.
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 or construct such additional
structure and the Rent Court on an application made to it in this behalf by the
landlord is satisfied that the landlord is ready and willing to commence the work,
the Rent Court may permit the landlord to do such work and may make such other
order as it may think fit.
Recovery of
possession
for
occupation.
Compensation
incase of
non
vacancy.
Refund of
advance
rent by the
landlord.
Payment of
rent during
eviction
proceedings.
Permission to
build
additional
structures.
310 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
27. Notwithstanding anything contained in section 21, where any premises which
have been let comprising of vacant land, upon which it is permissible under the
municipal laws, for the time being in force, to erect any building, whether for
residence or for any other purpose, and the landlord proposing to erect such building
is unable to obtain possession of the same from the tenant by agreement with him
and the Rent Court, on an application made to it in this behalf by the landlord, is
satisfied that the landlord is ready and willing to commence the work and that the
severance of the vacant land from the rest of the premises shall not cause undue
hardship to the tenant, the Rent Court may—
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the
premises; and
(d) make such other orders as it thinks fit in the circumstances of the case.
28. Notwithstanding anything contained in any other law for the time being in
force, where the interest of a landlord in any premises is determined for any reason
whatsoever and any order is made by the Rent Court under this Act for the recovery
of possession of such premises, the order shall, subject to the provision of sub-
section (3) of section 21, be binding on all occupants who may be in occupation
of the premises and vacant possession thereof shall be given to the landlord by
evicting all such occupants therefrom.
29. (1) Every tenant who is in possession of any premises to which this Act
applies shall observe all the terms and conditions of the tenancy agreement and
shall be entitled to the benefits thereof.
(2) Notwithstanding anything contained in this Act or any other law for the
time being in force, the tenant may give up possession of the premises on giving
such notice as is required under the tenancy agreement and in the absence of any
stipulation relating to such notice, the tenant shall give notice to the landlord of
at least one month before giving up possession of the premises.
CHAPTER VI.
RENT COURTS AND RENT TRIBUNALS.
30. (1) An appeal shall lie against the order of the Rent Authority made under
this Act to the Rent Court having territorial jurisdiction.
(2) An appeal under sub-section (1) shall be preferred within thirty days from
the date of the order made by the Rent Authority.
31. (1) The Government may, by notification, constitute such number of Rent
Court in as many urban areas as may be deemed necessary by it.
(2) Where two or more Rent Courts are constituted for any urban area, the
Government may, by general or special order, regulate the distribution of business
among them.
(3) A Rent Court may consist of one or more members (hereinafter referred
to as the Presiding Officer) to be appointed by the Government in consultation with
the High Court.
(4) No person shall be eligible to be appointed as Presiding Officer of the
Rent Court unless he is a District Judge of the Tamil Nadu State Judicial Service.
(5) The Government may, in consultation with the High Court, authorize the
Presiding Officer of one Rent Court to discharge the functions of the Presiding Officer
of another Rent Court also.
32. (1) The Government may, by notification, 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.
Special
provision
regarding
vacant sites.
Vacant
possession
to landlord.
Provision
regarding
notice of
giving up
possession
by the
tenant.
Appeals.
Constitution of
Rent Court.
Constitution of
Rent
Tribunals.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 311
(2) The Rent Tribunal shall be a multi-member Tribunal headed by a
Principal Appellate Member, and the senior most judge shall function as Principal
Appellate Member and shall have the power to transfer appeal cases from one
member of the Appellate Tribunal to another member whenever deemed necessary,
and similarly the Principal Appellate Tribunal may, on an application or suo motu,
transfer a suit from one Rent Court to other Rent Court, and all the members of
Rent Tribunal shall be appointed by the Government in consultation with the High
Court.
(3) No person shall be eligible to be appointed as Principal Member of the
Rent Tribunal unless he has been a Judge of the High Court.
33. Notwithstanding anything contained in any other law for the time being in
force, 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 39,
to hear and decide the applications relating to disputes between landlord and tenant
and matters connected with and ancillary thereto covered under this Act:
Provided that the Rent Court shall, in deciding such applications relating to
tenancies and premises, give due regard to the provisions of the Transfer of Property
Act, 1882, the Indian Contract Act, 1872 or any other substantive law applicable to
such matter in the same manner, in which such law would have been applied had
the dispute been brought before a Civil Court by way of suit.
34. (1) Subject to any rules that may be made under this Act, 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, and the Rent Court shall
follow the following procedure, namely –
(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.
(2) 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.
(3) The provisions of the Code of Civil Procedure, 1908 regarding service
of summons shall be applicable mutatis mutandis  for service of notice by the Rent
Court or Rent Tribunal.
(4) Every application or appeal, shall be, as far as possible in the forms
as may be prescribed.
(5) 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.
(6) (a) 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.
Jurisdiction of
Rent Court.
Central Act
IV of 1882.
Central Act
IX of 1872.
Central Act
V of 1908.
Procedure of
Rent Court
and Rent
Tribunal.
Central Act V
of 1908.
312 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(b) 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.
35. (1) 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 purposes of,–
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex-parte;
(g) setting aside any order of dismissal of any application or appeal for
default or any other order passed by it ex-parte;
(h) execution of its order and decisions under this Act without reference
to any civil court;
(i) reviewing its orders and decisions;
(j) any other matter as may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed
to be a judicial proceedings within the meaning of section 193 and 228, and for
the purpose of section 196, of the Indian Penal Code 1860 and the Rent Court and
the Rent Tribunal shall be deemed to be a civil court for the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(3) 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, to enter and inspect, 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, at such time and at such place
as may be specified in the order.
(4) The Rent Court may, if it thinks fit, 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.
(5) Any clerical or arithmetical mistake in any order passed by the Rent Court
or any other error arising out of any accidental omission may, at any time, be
corrected by the Rent Court on an application received by it in this behalf from any
of the parties or otherwise.
(6) 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 and the Rent Court shall be deemed to be a Magistrate under
the said Code for the purposes of such recovery.
(7) An order made by a Rent Court or an order passed in appeal or revision,
or review under this Chapter shall be executable by the Rent Court as a decree
of a civil court and for this purpose, the Rent Court shall have the powers of a
civil court.
(8) The Rent Court may set aside any order passed ex-parte if the aggrieved
party files an application and satisfies it that notice was not duly served or that
he was prevented by any sufficient cause from appearing when the case was called
for hearing.
Powers of
Rent Court
and Rent
Tribunal.
Central Act
V of 1908.
Central Act
XLV of 1860.
Central Act
2 of 1974.
Central Act
2 of 1974.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 313
(9) Save as otherwise expressly provided in this Act, every order made by
the Rent Court shall, subject to decision in appeal, be final and shall not be called
in question in any original suit, application or execution proceedings.
36. (1) From every final order passed by the Rent Court, an appeal shall lie
to the Rent Tribunal, within the local limits of whose jurisdiction the premises is
situated and such an appeal shall be filed within a period of thirty days from the
date of final order along with a copy of such final order.
(2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall
serve notice, accompanied by copy of appeal 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.
(3) Where the Rent Tribunal considers it necessary in the interest of arriving
at a just and proper decision, it may allow documents at any stage of the proceedings
in appeal, however, this facility would be available to the applicants only once during
the hearing.
(4) The Rent Tribunal may, in its discretion, pass such interlocutory order
during the pendency of the appeal, as it may deem fit.
(5) (a) While deciding the appeal, the Rent Tribunal, after recording reasons
therefor, confirm, set aside or modify the order passed by a Rent Court;
(b) The decision of the Rent Tribunal shall be final and no further appeal
or revision shall lie against the order.
(6) On application of any of the parties and after notice to the parties and
after hearing such of them as have desired to be heard, or of its own motion without
such notice, the Principal Rent Tribunal may, at any stage, transfer any case from
one Rent Court to any other Rent Court for disposal.
(7) Where any case has been transferred under sub-section (6), the Rent
Court to whom the case has been transferred subject to any special direction in
the order of transfer, proceed from the stage at which it was transferred.
37. (1) The Rent Court shall, on application of any party, execute in the manner
as may be prescribed, a final order of any other order passed under this Act by
adopting any one or more of the following modes, namely:—
(a) delivery of possession of the premises to the person in whose favour
the decision has been made;
(b) attachment and sale of the movable or immovable property of the
opposite party;
(c) attachment of any one or more bank accounts of the opposite party
and satisfaction of the amount of order to be paid from such account;
(d) appointing any advocate or any other competent person including
officers of the Rent Court or local administration or local body for the execution of
the order.
(2) The Rent Court may take the help from the local government or local
body or the local police for the execution of the final orders:
Provided that the help of police shall be obtained subject to payment of such
cost by the litigants as may be decided by the Rent Court.
(3) The Rent Court shall conduct the execution proceedings in relation to
a final order or any other order passed under this Act in summary manner and
dispose of the application for execution made under this section within 30 days
from the date of service of notice on opposite party.
Appeal to Rent
Tribunal.
Execution of
the order.
314 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
CHAPTER VII.
APPOINTMENT OF RENT AUTHORITIES,THEIR POWERS AND FUNCTIONS.
38. The Collector shall, with the previous approval of the Government, appoint
an officer, not below the rank of Deputy Collector to be th

Excerpt shown. Open the full act in Lexace.

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