Good Elements of The Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants (TNRRRLT) Act 2017

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.

The Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants (TNRRRLT) Act 2017, therefore was brought into effect to cure the lacunae created by the earlier legislation. New Tenancy Act in Tamilnadu has always reflected the tug-of-war between the landlord and tenants.

There is no tenancy agreement, which was registered with the Rent Authority as mandated under Section 4 of the Act.

Regarding the failure on the part of the landlord and tenant to enter into an agreement under Section 4(2) of the New Act, the Rent Court found that the landlord and tenant failed to enter into a tenancy agreement.

Rent Court can allow the the eviction application under Section 21(2)(a) of the Act.

There is no tenancy agreement, which was registered with the Rent Authority as mandated under Section 4 of the Act. Therefore, the Rent Court considered the applications filed by the landlord under Section 21(2)(a) of the TNRRRLT Act, 2017 and ordered for an eviction on the ground that the landlord and tenant failed to enter into an agreement, which is to be registered under the Rent Authority as mandated under Section 4 of the New Act.

Extract Section 4 of the Act of 2017 for better appreciation of the contentions put-forth by the petitioner.

The Section 4 of the Act of 2017 reads as under:

Section 4. Tenancy Agreement:-

(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.

(2) Where, in relation to a tenancy created before the commencement of this Act, no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy within a period of ninety days from the date of commencement of this Act; provided that where the landlord in W.P. No.3402x of 2022 tenant, fails to enter into an agreement under this sub-section, the landlord or tenant shall have the right to apply for termination of the tenancy under clause (a) of sub-Section (2) of Section 21.

(3) Every agreement referred to in sub-section (1) and sub-section (2) and any tenancy agreement in writing already entered into before the commencement of this Act, shall be registered with the Rent Authority by the landlord or tenant, by making an application in the Form specified in the First Schedule within such time as may be prescribed.

(4) on receipt of application under sub-Section(3), the Rent Authority shall, within a period of thirty days, register the agreement subject to the provisions of this Act and the Rules made thereunder, and provide a registration number.

(5) The Rent Authority shall reject the application submitted under sub-Section (3) for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules made thereunder: provided that no application shall be rejected unless the parties have been given an opportunity of being heard.

(6) The Rent Authority shall upload the name of the parties, details of the premises and tenure of the tenancy of all tenancies along with the registration number to be provided under sub- Section (4), in the form and manner as may be prescribed, on its website within fifteen days from the date of registration.”

(7) A perusal of the above Section clearly shows that eviction order dated xx.xx.202x passed by the learned Judge, Small Causes Court, Chennai (Rent Court) prima facie appears to be correct. We do not wish to express any opinion further since the petitioner's appeal in RLTA No.xxx of 202x before the learned City Civil Court, Chennai (Rent Tribunal) is pending adjudication and any observation made by this Court would affect the pending appeal.

(8)When Section 4 of the Act of 2017 clearly mandates that no person shall, after the commencement of this Act, let or take on rent any premises except by agreement in writing, admittedly in the present case, there is no written agreement. In the absence of written agreement as required under Section 4 of the Act, we have to consider the petitioner as an unlawful tenant.

Above details are extracted from Madras Highcourt Judgements and Search engine.

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