THE RIGHTS EVERY TENANT SHOULD BE AWARE OF:

Who are Tenants?
A tenant may be a one that has the proper to use and occupy rental property in accordance with
a rental agreement or lease. The tenant is additionally mentioned because the “lessee” of rental property.
The tenant may use and occupy the rental property as long as he/she complies with the
terms and conditions of the rental agreement, including, but not limited to, the payment of
rent.
Problems faced by Tenants:
1.Unaffordable rent
2.Huge deposits
3.Incomplete refunds of deposits
4.Privacy
5.Rent inflation etc.

Tenant Law:
The Government of India passed the Rent Control Act with the motive of controlling rent
charges as well as to safeguard the tenants’ rights in terms of unauthorised eviction.This law
is determined by the government but is made on the inspiration of certain rights
that tenants and landowners enjoy.
Before you rent a property (either as an owner or as a tenant), you want to look out surely
points that guarantee you a safe transaction.
We are taking a look at some things about this Model Act which every landlord and tenant
should know:
1) The Act seeks to penalize recalcitrant tenants for refusing to move out of their rental
properties after the agreed-upon rental period expires. The landlord will be able to
claim double of the monthly rent for 2 months and 4 times of the monthly rent
after that as compensation. This will put to rest one among the most important fears of property
owners who don’t want to risk letting out their properties in India.
2) The Act stipulates that a landlord cannot refuse to provide essential utilities and
access to common facilities. This has been a common grouse of tenants in the past.

3) The landlord will also not be able to increase the rent without giving at least three
months’ notice to the tenant and can’t increase rent within the middle of a rental term.
4) Within 2 months of executing the rental agreement, it will be mandatory for both
landlords and tenants to intimate to the Rent Authority about this tenancy
agreement. The Rent Authority, within 7 days, will issue a singular identification
number to both the parties.
5) Once this Model Act comes into force, nobody are going to be ready to let or combat rent
any premises except by an agreement in writing. Within 2 months of executing the
rental agreement, it’ll be mandatory for both landlords and tenants to intimate to
the Rent Authority about this tenancy agreement. The Rent Authority, within 7 days,
will issue a singular number to both the parties.

Tenant remedies:
Landlord–tenant law also includes protections for tenants:
Constructive eviction
In an action for unpaid rent brought by a landlord against a tenant, a tenant offers
constructive eviction as an affirmative defence. A constructive eviction means that the
tenant is not any longer ready to occupy the lease, but that the tenant wasn’t physically evicted
by the owner .[12] this is often often utilized in conjunction with a breach of the implied covenant of
habitability.
Breach of covenant
Leases include dependent covenants – if the owner fails to perform their duties, the tenant
will be relieved of paying rent. The breach of these covenants can be used as an affirmative
defence by the tenant in an action for unpaid rent or eviction. These covenants include the
warrant of habitability (keeping the premises habitable) and therefore the covenant to repair
(requiring the landlord to repair damage to the premises).

Tenant Duties:
Tenants even have duties attached to their possessory interests:
Duty to preserve the premises
Leases usually include a limited covenant to repair for the tenants, and this essentially
equates to refraining from committing waste. When tenants move from the premises, if
they want to urge their margin returned to them, most statutes require the premises
to be returned to the landlord in the same condition that it was in when they moved in,
minus normal wear and tear.

Duty to operate
In commercial leases, a requirement to work could also be written into the lease. This means that a
commercial tenant cannot leave a rented property vacant without operating the business that the lease was made. A duty to work doesn’t exist unless written into the lease
or obviously in line with the intent of the lease.
Duty to pay rent
A tenant’s duty to pay rent was traditionally thought of as an independent covenant,
meaning that the tenant was required to pay rent no matter whether the owner
fulfilled their duties of performance. Now the duty of a tenant to pay rent is taken into account to
be a dependent covenant, and therefore the tenant are often free of the duty to pay rent if the
landlord breaches the covenant of repair or warranty of habitability.
Supreme Court judgement on Tenant rights:
The Supreme Court has drafted a model landlord-tenant agreement promising tenants five
years of peaceful stay in the premises if they give rents at market rate, increase it by 10%
every three years and pay the land tax for the house.
It asked the tenants to pay up every change accrued on the house to enable the landlord
receive the rentals without any deduction.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises.
The court realized that in most landlord-tenant disputes there were no written contacts and
the landlords took advantage of it.
Legal rights of tenants without contract:
The fact a landlord and tenant doesn’t have a written tenancy agreement doesn’t affect
either of their statutory legal rights. Both parties are still protected by
statutory/common law.
A tenant without a written contract remains entitled to all or any the statutory rights a daily tenant
with a contract is, including water, heating, a secure environment etc. In a similar vein, the
tenant remains obligated to pay rent on time and take due care of the property.
Even if you don’t have an AST or oral agreement in situ with a landlord, they’re going to still be
bound by the legislation in the aforementioned 1985 Act and the Protection
from Eviction Act 1977.
Under the 1977 Act, a landlord can only evict a tenant if they have obtained a possession
order first.
Landlords will need to meet:

Has safety regulations
Furniture and furnishings regulations
Consumer safety regulations
Health and safety regulations – which also apply for HMO landlords under the
Housing Act of 2004 etc.
TENANT RIGHTS AFTER 20 OR 50 YEARS:
Even after the long period of time, tenants continue to enjoy their rights as given by the
laws.
If they live for quite 50 years, the law states that the owner can either sell the
property to tenant [preference should be given to tenant] since he lived there for 5 decades
or let him continue living there. In order to vacate him therein place, compromise with
tenant and pay him more than the advance amount .For example if he has paid only 5000
rupees 50 years ago advance pay him 1 lakh and can ask them to vacate. It is very difficult to
vacate tenant even through the legal channel.
Even after living for decades at landlord house, whatever be the circumstances, a tenant
cannot claim ownership rights

Tenant Duties:
Tenants even have duties attached to their possessory interests:
Duty to preserve the premises
Leases usually include a limited covenant to repair for the tenants, and this essentially
equates to refraining from committing waste. When tenants move from the premises, if
they want to urge their margin returned to them, most statutes require the premises
to be returned to the landlord in the same condition that it was in when they moved in,
minus normal wear and tear.

Duty to operate
In commercial leases, a requirement to work could also be written into the lease. This means that a
commercial tenant cannot leave a rented property vacant without operating the business that the lease was made. A duty to work doesn’t exist unless written into the lease
or obviously in line with the intent of the lease.
Duty to pay rent
A tenant’s duty to pay rent was traditionally thought of as an independent covenant,
meaning that the tenant was required to pay rent no matter whether the owner
fulfilled their duties of performance. Now the duty of a tenant to pay rent is taken into account to
be a dependent covenant, and therefore the tenant are often free of the duty to pay rent if the
landlord breaches the covenant of repair or warranty of habitability.
Supreme Court judgement on Tenant rights:
The Supreme Court has drafted a model landlord-tenant agreement promising tenants five
years of peaceful stay in the premises if they give rents at market rate, increase it by 10%
every three years and pay the land tax for the house.
It asked the tenants to pay up every change accrued on the house to enable the landlord
receive the rentals without any deduction.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises.
The court realized that in most landlord-tenant disputes there were no written contacts and
the landlords took advantage of it.
Legal rights of tenants without contract:
The fact a landlord and tenant doesn’t have a written tenancy agreement doesn’t affect
either of their statutory legal rights. Both parties are still protected by
statutory/common law.
A tenant without a written contract remains entitled to all or any the statutory rights a daily tenant
with a contract is, including water, heating, a secure environment etc. In a similar vein, the
tenant remains obligated to pay rent on time and take due care of the property.
Even if you don’t have an AST or oral agreement in situ with a landlord, they’re going to still be
bound by the legislation in the aforementioned 1985 Act and the Protection
from Eviction Act 1977.
Under the 1977 Act, a landlord can only evict a tenant if they have obtained a possession
order first.
Landlords will need to meet:

Gas safety regulations
Furniture and furnishings regulations
Consumer safety regulations
Health and safety regulations – which also apply for HMO landlords under the
Housing Act of 2004 etc.
TENANT RIGHTS AFTER 20 OR 50 YEARS:
Even after the long period of time, tenants continue to enjoy their rights as given by the
laws.
If they live for quite 50 years, the law states that the owner can either sell the
property to tenant [preference should be given to tenant] since he lived there for 5 decades
or let him continue living there. In order to vacate him therein place, compromise with
tenant and pay him more than the advance amount .For example if he has paid only 5000
rupees 50 years ago advance pay him 1 lakh and can ask them to vacate. It is very difficult to
vacate tenant even through the legal channel.
Even after living for decades at landlord house, whatever be the circumstances, a tenant
cannot claim ownership rights

Tenant Duties:
Tenants even have duties attached to their possessory interests:
Duty to preserve the premises
Leases usually include a limited covenant to repair for the tenants, and this essentially
equates to refraining from committing waste. When tenants move from the premises, if
they want to urge their margin returned to them, most statutes require the premises
to be returned to the landlord in the same condition that it was in when they moved in,
minus normal wear and tear.

Duty to operate
In commercial leases, a duty to operate may be written into the lease. This means that a
commercial tenant cannot leave a rented property vacant without operating the business for which the lease was made. A duty to operate does not exist unless written into the lease
or obviously in line with the intent of the lease.
Duty to pay rent
A tenant’s duty to pay rent was traditionally thought of as an independent covenant,
meaning that the tenant was required to pay rent regardless of whether the landlord
fulfilled their duties of performance. Now the duty of a tenant to pay rent is considered to
be a dependent covenant, and the tenant can be freed from the duty to pay rent if the
landlord breaches the covenant of repair or warranty of habitability.
Supreme Court judgement on Tenant rights:
The Supreme Court has drafted a model landlord-tenant agreement promising tenants five
years of peaceful stay in the premises if they give rents at market rate, increase it by 10%
every three years and pay the property tax for the house.
It asked the tenants to pay up every change accrued on the house to enable the landlord
receive the rentals without any deduction.
Thus, for five years the tenant shall enjoy immunity from being evicted from the premises.
The court realized that in most landlord-tenant disputes there were no written contacts and
the landlords took advantage of it.
Legal rights of tenants without contract:
The fact a landlord and tenant does not have a written tenancy agreement does not affect
either of their statutory legal rights. Both parties are still protected by
statutory/common law.
A tenant without a written contract is still entitled to all the statutory rights a regular tenant
with a contract is, including water, heating, a safe environment etc. In a similar vein, the
tenant is still obligated to pay rent on time and take reasonable care of the property.
Even if you don’t have an AST or oral agreement in place with a landlord, they will still be
bound by the legislation in the aforementioned 1985 Act and the Protection
from Eviction Act 1977.
Under the 1977 Act, a landlord can only evict a tenant if they have obtained a possession
order first.
Landlords will need to meet:

Gas safety regulations
Furniture and furnishings regulations
Consumer safety regulations
Health and safety regulations – which also apply for HMO landlords under the
Housing Act of 2004 etc.
TENANT RIGHTS AFTER 20 OR 50 YEARS:
Even after the long period of time, tenants continue to enjoy their rights as given by the
laws.

If they live for more than 50 years, the law states that the landlord can either sell the
property to tenant [preference should be given to tenant] since he lived there for 5 decades
or let him continue living there. In order to vacate him in that place, compromise with
tenant and pay him more than the advance amount .For example if he has paid only 5000
rupees 50 years ago advance pay him 1 lakh and can ask them to vacate. It is very difficult to
vacate tenant even through the legal channel.
Even after living for decades at landlord house, whatever be the circumstances, a tenant
cannot claim ownership rights