The not too long ago notified prolandlord Tenancy Act is being hailed in some quarters as radical reform long late, however doubts have been forged on the provision which has empowered a deputy collector-rank officer to hear tenant-landlord disputes as an alternative of rent control courts.
Chennai has seven rent control courts and it would be the responsibility of the authorities to nominate as many, or more, deputy collectors to hear the disputes. Since the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 Act used to be notified on February 22, rent control courts have stopped accepting new disputes for adjudication.
On the only hand, litigants aren't ready to file new circumstances, on the different, officials are but to be appointed by means of the revenue management department.
“From day one for the reason that new act used to be notified, the courts in Chennai have stopped accepting petitions beneath the old Rent Control Act. Though a 90-day time limit is equipped to agree to the new act, the rent courts are refusing to take new petitions on file. Court officials say they can not quantity a petition beneath the old act once the new act has been notified,” advocate V S Suresh said.
Asked in regards to the non-appointment of rent authority in Chennai district even one month after the act used to be notified, a supply from the housing and concrete building department said the Chennai collector had despatched the gazette notification for newsletter of the name of the deputy collector for the rent authority.
While the ground realities are so, advocate P B Ramanujam, an expert in rent control circumstances within the city, said an officer of the rank of deputy collector can be no fit to an skilled pass judgement on to adjudicate on such disputes. Transferring the jurisdiction to adjudicate the first degree of rent control circumstances from judiciary to govt is nothing however encroaching upon the jurisdiction of the courts. It isn't clear whether such designated officials would be professionals in legislation, Ramanujam said.
However, for advocate Ashok Menon, every other knowledgeable in rent control circumstances, a rent authority don't need to be an expert in legislation. All he/she must do is just follow the act and the procedures.
As for the restriction of appeals to simply two phases – sooner than the rent courtroom and the rent tribunal — Ramanujam said, “This would undoubtedly help corruption. High courtroom will have to be allowed to decide on whether or not to believe appeals of such circumstances. Restricting the appeal will lead most effective to corruption.”
Arguing in favour of the restriction, Ashok said, “It used to be possible to tug a rent control case for 10 years beneath the old act. I've noticed many such circumstances. But by means of proscribing the appeals the new act has addressed the problem and has ensured fast justice.”
Noting that Section 23 of the new act used to be essentially the most adverse proviso, Ramanujam said, “This phase says that the tenant has to pay double the rent they are paying even if they occupy the premises even a day after the expiry of the rent settlement. This is atrocious. This act is totally in favour of landlords.”
Terming all the act ‘very modern’, Ashok said, “Earlier, if a tenant occupied the valuables even after the expiry of the rent, the owner has to means the courtroom to evict him/ her. But now, expiry of rent settlement makes eviction computerized.”
Chennai has seven rent control courts and it would be the responsibility of the authorities to nominate as many, or more, deputy collectors to hear the disputes. Since the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 Act used to be notified on February 22, rent control courts have stopped accepting new disputes for adjudication.
On the only hand, litigants aren't ready to file new circumstances, on the different, officials are but to be appointed by means of the revenue management department.
“From day one for the reason that new act used to be notified, the courts in Chennai have stopped accepting petitions beneath the old Rent Control Act. Though a 90-day time limit is equipped to agree to the new act, the rent courts are refusing to take new petitions on file. Court officials say they can not quantity a petition beneath the old act once the new act has been notified,” advocate V S Suresh said.
Asked in regards to the non-appointment of rent authority in Chennai district even one month after the act used to be notified, a supply from the housing and concrete building department said the Chennai collector had despatched the gazette notification for newsletter of the name of the deputy collector for the rent authority.
While the ground realities are so, advocate P B Ramanujam, an expert in rent control circumstances within the city, said an officer of the rank of deputy collector can be no fit to an skilled pass judgement on to adjudicate on such disputes. Transferring the jurisdiction to adjudicate the first degree of rent control circumstances from judiciary to govt is nothing however encroaching upon the jurisdiction of the courts. It isn't clear whether such designated officials would be professionals in legislation, Ramanujam said.
However, for advocate Ashok Menon, every other knowledgeable in rent control circumstances, a rent authority don't need to be an expert in legislation. All he/she must do is just follow the act and the procedures.
As for the restriction of appeals to simply two phases – sooner than the rent courtroom and the rent tribunal — Ramanujam said, “This would undoubtedly help corruption. High courtroom will have to be allowed to decide on whether or not to believe appeals of such circumstances. Restricting the appeal will lead most effective to corruption.”
Arguing in favour of the restriction, Ashok said, “It used to be possible to tug a rent control case for 10 years beneath the old act. I've noticed many such circumstances. But by means of proscribing the appeals the new act has addressed the problem and has ensured fast justice.”
Noting that Section 23 of the new act used to be essentially the most adverse proviso, Ramanujam said, “This phase says that the tenant has to pay double the rent they are paying even if they occupy the premises even a day after the expiry of the rent settlement. This is atrocious. This act is totally in favour of landlords.”
Terming all the act ‘very modern’, Ashok said, “Earlier, if a tenant occupied the valuables even after the expiry of the rent, the owner has to means the courtroom to evict him/ her. But now, expiry of rent settlement makes eviction computerized.”
TN: New Tenancy Act leaves many without a roof
![TN: New Tenancy Act leaves many without a roof]()
Reviewed by Kailash
on
March 28, 2019
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