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All you need to know about the Draft Model Tenancy Act 2019 written by Sunita Mishra, published in August 5, 2019

The Model Tenancy Act 2019, aims to make renting more lucrative for both, landlords and tenants, by plugging many gaps in existing policies. We look at whether the new Act will help India&rsquos rental housing segment, to get rid of its woes


As the government pursues its ambitious dream to provide &lsquoHousing for All by 2022&rsquo, it has unveiled a draft tenancy law, in order to boost supply in the rental housing segment. The Model Tenancy Act 2019, aims to make renting more lucrative for both, landlords and tenants by plugging the many gaps that currently exist in policies regulating the rental housing segment.


As a result of lacuna in the many policies, 11.1 million homes remained vacant in urban India in 2011, even as the migrant population struggled to find decent accommodation. Considering that developers are sitting on huge unsold inventory in major cities of the country at present, the number of vacant homes in urban areas would have risen dramatically, between 2011 and now.

Let us scrutinise how the Model Tenancy Act 2019 aims to fix this problem, so that the demand-supply gap is bridged.


Model Tenancy Act 2019: Key features


The Act has put in place several measures, by way of tightening regulations and making it lucrative for landlords and tenants, to boost rental housing.


A&rsquoRent Authority&rsquo will be established under the Model Tenancy Act 2019


On the lines of the Real Estate Regulatory Authorities that have been set up under the Real Estate (Regulation and Development) Act, 2016, states could set up rent authorities in cities. After its establishment, landlords and tenants would have to be present before the authority to get the rent agreement registered. In its part, the authority would set up a website, to maintain all the data it receives in the form of rent agreements.


&ldquoNo 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, within a period of two months from the date of agreement,&rdquo reads the policy document.


Rent courts / tribunals to address disputes under the Model Tenancy Act


In case of any discontent, the contracting parties would first approach the rent authority for a solution. In case the disputing parties are not satisfied with the order of the rent authority, they could approach the rent court/tribunal to seek relief. These courts would have to pass an order within 60 days of receiving a complaint.


After the rent courts are set up, civil courts would have no jurisdiction over disputes pertaining to rental housing. &lsquoOnly the rent court and no civil court, shall have jurisdiction, except the jurisdiction of the rent authority under Section 30, to hear and decide the applications relating to disputes between landlord and tenant&rsquo, states the Act.


Model Tenancy Law: Provisions that could help landlords


To discourage overstay of tenants


The policy states that tenants would be liable to pay the landlords double the rent for two months and four times the rent in the consequent months, in case they stay after expiry of the rental agreement.


To make eviction of tenants easy


Under the model policy, landlords could approach the rent court asking for eviction, if the tenants fail to pay the rent for two months in a row.


To stop sub-letting by tenants


Without prior permission of the landlord, the tenant is not eligible to sub-let whole or part of the rented accommodation.


Model Tenancy Law: Provisions that could help tenants


To stop intrusion of the landlord


That landlords march into one&rsquos premises as and when they want, is a common complaint among those living in rented homes. To stop this from happening, the policy states that landlords need to give a written notice, 24 hours in advance, to visit the premises. Also, they cannot make a visit before 7 am and after 8 pm.


To cap security deposit demanded by landlords


In cities like Mumbai and Bengaluru, tenants have to deposit at least a year&rsquos rent, as security deposit. Landlords in states that adopt the policy would not be able to ask more than two months of rent, as a security deposit.


To regulate increase in rentals by landlords


During the entire rent agreement period, landlords cannot hike the rent, unless something giving them the right to do has been clearly mentioned in the rental agreement. The landlord will have to give three months&rsquo notice to the tenant, before increasing the rent.


Landlord responsible for structural maintenance of rented premises


While the policy states that both parties will be responsible to maintain the physical health of the rented property, the responsibility of structural maintenance will lie on the landlord.


How effective can the Model Tenancy Law be?


However, questions remain over the effectiveness of the model policy, its laudable provisions notwithstanding. Firstly, land is a state subject and hence, states are free to accept or reject the model policy, which has been in the works since the prime minister Narendra Modi-led National Democratic Alliance (NDA) first formed the government in 2014. As the rules are not binding, states would hardly be in a hurry to embrace it. &ldquoTwo years after the launch of the Act, states are still busy setting up authorities under the RERA. Barring some, most are still struggling to learn the ropes,&rdquo points out Brajesh Mishra, a Gurugram-based lawyer who specialises in property disputes. &ldquoNot many states would show the willingness to adopt the policy, as it involves a great deal of work on their part,&rdquo Mishra adds. 


Even if states set up the regulatory framework, developers may not be willing to engage in this housing segment, despite the fact that they are sitting on an inventory stock worth Rs 1.13 trillion. This is because rental yield, which ranges typically between 2%-3% annually, is not lucrative enough. In contrast, developers have to pay interest ranging between 12%-14% on loans for project development. &ldquoThe policy does not address the low rental yield issue. It is possible that builders use their inventory stock for rental housing but they will not go ahead and build for this housing segment,&rdquo ANAROCK Property Consultants&rsquo chairman Anuj Puri, was quoted as saying.