UTTAR PRADESH REGULATION OF URBAN PREMISES TENANCY ACT, 2021 (U.P. Act No. 16 of 2021) (As passed by the Uttar Pradesh Legislature) An Act to establish Rent Authority and Rent Tribunals to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto. It is hereby enacted in the Seventy second Year of the Republic of India as follows - Chapter I Preliminary 1. Short title, extent, application and commencement. - (1) This Act may be called the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. (2) It extends to the whole of the Uttar Pradesh. (3) It shall apply to - (a) every city as defined in the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act 2 of 1959); (b) every municipal area as defined in the Uttar Pradesh Municipalities Act, 1916 (U.P. Act 2 of 1916); (c) every development area notified under Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act 11 of 1973); (d) every special development area notified under the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act 9 of 1986); (e) every Industrial Development Area notified under Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act 6 of 1976); (j) every Regulated area notified under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (U.P. Act 34 of 1958); (g) every area relating to various housing schemes of Uttar Pradesh Avas Evam Vikas Parishad constituted under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act 1 of 1966): Provided that the State Government, if it is satisfied that it is necessary or expedient so to do in the interest of the general public, residing in any other local area, may by notification in the Gazette declare that this Act or any part thereof shall apply to such area, and thereupon this Act or part shall apply to such area. (4) It shall be deemed to have come into force with effect from January 11, 2021. Object & Reasons Statement of Objects and Reasons. - The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act 13 of 1972) (hereinafter referred to as the "said Act") has been enacted for the regulation of letting, and rent of, and the eviction of tenants from, certain classes of buildings situated in urban areas, and for matters connected therewith and incidental thereto. It was observed that under the scheme of said Act several difficulties were being faced in settling disputes arising between the tenant and the landlord, a large number of tenancy disputes were also pending in the Courts, and the owners of the building were also not getting proper rent for there property. Apart from the above, certain sections of the said Act had also been declared excessive by the Hon'ble Allahabad High Court. The said order of the Hon'ble High Court has not yet been challenged in any Court and thus this order is still in effect. In view of the directions given by the Supreme Court of India in certain matters; the Draft Model Tenancy Act prepared by the Government of India; and on the basis of the recommendations made by the Uttar Pradesh State Law Commission in this regard, it was decided to repeal the said Act of 1972 and replace it with a new law. Accordingly, the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance 2 of 2021) was promulgated by the Governor on January 9, 2021. Due to the sudden adjournment of the first session of 2021 of the Sale Legislature on March 4, 2021, proceedings of which was determined from February 18, 2021 to March 10, 2021, replacing Bill of the said Ordinance could not be passed by the Houses of the State Legislature. Therefore, the Ordinance promulgated on January 9, 2021 lapsed on March 31, 2021 as the required under Article 213 of the Constitution. In view of the aforesaid, it was decided to bring a new tenancy law to keep the provisions of the aforesaid Ordinance in force even after March 31, 2021 to establish Rent Authority and Rent Tribunals to regulate renting of premises, to protect the interests of landlord and tenants, and to provide speedy adjudication mechanism for resolution of disputes and for matters connected therewith or incidental thereto. Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 (U.P. Ordinance 3 of 2021) was promulgated by the Governor on April 9, 2021. This Bill is introduced to replace the aforesaid Ordinance. 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "force majeure" means a situation of war, flood, drought, fire, cyclone, earthquake, pandemic or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent; (b) "landlord", whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include, - (i) his successor, transferee or assignee; (ii) a trustee or guardian or receiver receiving rent for any premises or entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract; (c) "premises" means any building or part of a building which is, or is intended to be, let on rent for the purpose of residence or for commercial or for educational use, except for industrial use and includes, - (i) garden, garage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such building or part of the building; and (ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof, but does not include premises such as hotel, lodging house, dharamshala or inn; (d) "property manager" means a person or any legal entity who is authorized by the landlord to manage the premises and who represents the landlord in his dealings with the tenant; (e) "Rent Authority" means an officer appointed under Section 30; (f) "Rent Tribunal" means a Tribunal within the meaning of Section 32; (g) "Rent payable" in relation to any premises means the rent as specified in Section 8; (h) "Sub-tenant" means a person to whom the tenant sublets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing tenancy agreement; (i) "Tenancy Agreement" means an agreement in writing executed between landlord and tenant for the purposes of letting the premises of landlord in consideration of rent payable; (j) "Tenant", whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any premises is payable to the landlord under a tenancy agreement 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. 3. Act not to apply to certain premises. - (1) Noting in this Act shall apply to any, - (i) premises owned by the Central Government or State Government or Union Territory Administration or a Government undertaking or enterprises or a statutory body or Cantonment Board; (ii) premises owned by a company, University or organisation given on rent to its employees as part of service contract; (iii) premises owned by religious or charitable institution as may be specified, by notification by State Government; (iv) premises owned by Auqaf registered under the Waqf Act, 1995 (Act 43 of 1995) or by any public trust registered under applicable law; (v) other building or category of buildings specifically exempted in public interest by notification by the State Government. (2) Notwithstanding anything contained in sub-section (1), if the owner and tenant of the premises referred to in clause (/) to clause (v) of the said sub-section agree that the tenancy agreement entered into between such landlord and tenant be regulated under the provisions of this Act, such landlord may inform the Rent Authority of the agreement to do so at the time of information of the tenancy agreement under Section 4. Chapter II Tenancy 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, 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 tenancy agreement: Provided that in cases of residential tenancies for a period of less than twelve months, the landlord and tenant shall not be required to inform the Rent Authority about such tenancy. (2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1). (3) Where, in relation to a tenancy created before the commencement of this Act, - (a) if an agreement in writing was entered into between the landlord and the tenant, they shall jointly present a copy thereof to the Rent Authority within three months of the commencement of this Act. (b) if 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 present the same to the Rent Authority within three months of the commencement of this Act: Provided that where the landlord or the tenant fail to present jointly a copy of the tenancy agreement or fail to reach an agreement within specified period, such landlord and tenant shall separately file the particulars about such tenancy with the Rent Authority within one month from the date of expiry of period mentioned in clause (b) above, in the form specified in First Schedule. If the landlord has submitted his particulars within the specified period but tenant fails to submit such particulars, the landlord may file an application for eviction on this ground alone: Provided further that during such eviction proceedings, the Rent Authority shall, notwithstanding anything contained in this Act, decide interim rent payable by the tenant during such adjudication. (4) The State Government shall, put in place a digital platform in the Hindi or English language for enabling submissions of document in such form and manner as may be prescribed. (5) The Rent Authority shall, after receiving information about the execution of tenancy agreement along with the documents specified in the First Schedule, provide a unique identification number to the parties. (6) The terms of authorization of the property manager, if any, by the landlord to deal with the tenant shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement. (7) The information provided under sub-sections (1), (2) and (3) shall be conclusive proof of the facts relating to tenancy and matters connected therewith, and in the absence of any statement of information, the landlord may file an application for eviction on this ground alone. 5. Period of tenancy. - (1) Every tenancy entered into after the commencement of this Act shall be valid for a period as agreed upon between the landlord and the tenant, and as specified in the tenancy agreement. (2) The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable'to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions. (3) Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay an enhanced rent to the landlord as provided in Section 23: Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated, is affected by any disastrous event of force majeure, then, subject to requisition by the tenant, the landlord shall allow the tenant to continue in possession of the said premises till a period of one month from the date of cessation of such disastrous event, on the same terms and conditions of the tenancy agreement already entered into. 6. Rights and obligations of successor in case of death. - (1) The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as the case may be, and in such case, the successor of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy. (2) In the event of death of a tenant, of residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on his successors, namely - spouse; son or daughter or where there are both son and daughter, both of them; parents; daughter-in-law, being the widow of his pre-deceased son; widowed or divorced sister: Provided that the successor has ordinarily been living in the premises with the deceased tenant up to the date of his death. (3) In the event of death of a tenant of non-residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on the person who has succeeded the business of deceased tenant. (4) Every application for substituting the names of the heirs or legal representatives, the claimants-occupants or any person who was a party to any proceedings under this Act and died during the pendency of the proceedings, shall be preferred within one month from the date of the death of such person. (5) The application shall contain the names and addresses and other details of the heirs or legal representatives and their relationship with the deceased and, be accompanied by an affidavit in its support, and thereupon, the application shall be decided after a summary inquiry by the Rent Authority or Rent Tribunal, as the case may be. (6) Whenever a pleader appearing for a party to the case comes to know of the death of that party, he shall inform the Rent Authority or Rent Tribunal, as the case may be, about it, and the Rent Authority or Rent Tribunal, as the case may be, shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist. 7. Restriction on sub-letting. - (1) After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement - (a) sub-let 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 is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the form specified in the First Schedule. Chapter III Rent 8. Rent payable. - The rent payable in respect of a premises shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement or as revised under Section 9 or determined under Section 10. 9. Revision of rent. - (1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agreement. (2) Where, after "the commencement of tenancy, the landlord has entered into an agreement in writing with the tenant prior to the commencement of the work and has incurred expenditure for carrying out 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 to between the landlord and the tenant, and such increase in rent shall become effective from one month after the completion of such work. (3) Subject to any agreement in writing, where the premises have been let out before the commencement of this Act, the rent thereof shall be liable to be revised for a further period of two years from the commencement of this Act, according to the formula indicated below - (a) where the premises have been let out prior to 15-7-1972, it shall be deemed to have been let out on 15-7-1972; (b) where the premises have been let out on or after 15-7-1972, the date for revision of rent shall be one year after the date of commencement of tenancy. The rate of rent payable in above cases shall be liable to be increased at the rate of 5 % per annum in case of residential accommodation and 7% per annum in case of non-residential premises, and the rate of increase of rent shall be compounded on an yearly basis. The amount of rent so arrived at shall again be liable to be increased at the aforesaid rates per annum in similar manner up to the commencement of this Act. Notwithstanding anything mentioned above, if rent of premises had been revised during continuance of tenancy after 15-7-1972, the formula of revision of rent mentioned above shall be applicable from the date of such revision of rent: Provided that notwithstanding anything mentioned above, the revised rent payable as per formula indicated in aforesaid provision, shall be payable as below from the date of commencement of this Act - (i) in the first year, half of the rent so computed; and (ii) in the second year, full amount of rent so computed. (4) Notwithstanding anything contained in sub-section (1) of Section 3 wherein any premises referred to, has been let out to a tenant, the landlord of such premises shall also be entitled for revision of rent in accordance with provisions of clause (3) and the relevant provisions of this Act shall apply to such cases. (5) In the case of tenancy entered into before the commencement of this Act the landlord shall, by notice in writing to the tenant, demand the enhanced the rate of rent as' specified under sub-section (3) and the rate of rent so enhanced shall be payable within 30 days of the service of notice. In such event the tenancy agreement shall be deemed to be amended and enhanced rate of rent shall be the rent payable under Section 8: Provided that if there was no tenancy agreement before the commencement of this Act, the landlord and the tenant may mutually agree to execute tenancy agreement for enhanced rate of rent failing which the rent authority shall determine the enhanced rent subject to the provisions of Section 10. (6) No arrears of aforesaid enhanced rent shall be payable or recoverable for the period prior to commencement of this Act. 10. Rent Authority to determine the revised rent in case of dispute. - (1) In case of any dispute between the landlord and the tenant regarding revision of Rent, the Rent Authority may, on an application made by the landlord or tenant, determine the revised rent and other charges payable by the tenant and also fix the date from which such revised rent becomes payable. (2) In determining the rent to be revised, the Rent Authority may be guided by the prevailing market rent in the surrounding areas let out on rent. (3) Once a determination under this section has been made, no application for fresh determination shall lie for a period of one year after the said determination. (4) The Rent Authority may determine provisional rent during the proceedings for revision of rent which shall be subject to final determination. 11. Security deposit. - (1) The security deposit to be paid by the tenant in advance shall be such as may be agreed upon between the landlord and the tenant in the tenancy agreement, which shall - (a) not exceed two months' rent, in case of residential premises; and (b) not exceed six months' rent, in case of non-residential premises. (2) The security deposit shall be refunded to the tenant on the date of taking over vacant possession of the premises from the tenant, after making due deduction of any liability of the tenant. Chapter IV Rights and Obligations of The Landlord and The Tenant 12. Original tenancy agreement to be retained by the landlord and the tenant. - The tenancy agreement shall be signed in duplicate by both the landlord and the tenant, and one each of such original signed tenancy agreement shall be retained by the landlord and the counterpart of such agreement by the tenant. 13. Rent and other charges payable and receipt for payment thereof. - (1) Every tenant shall pay rent and other charges payable within such period as agreed to in the tenancy agreement. (2) Every landlord or his property manager shall, on receipt of payment towards rent and other charges payable within the stipulated period as in the tenancy agreement from the tenant, provide forthwith against acknowledgement, a duly signed receipt for the amount received by him: Provided that where the payment of rent or other charges is made by the tenant to the landlord through the electronic mode, the bank acknowledgement thereof shall be the conclusive proof of such payment: Provided further that it shall be open to the tenant to remit the rent or other charges to his landlord by cash, cheque, bank draft, postal money order or by any other mode recognized by the law. 14. Deposit of rent with Rent Authority. - (1) Where the landlord refuses to accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be paid to the landlord by postal money order or any other method, in such manner as may be prescribed, consecutively for two months, and if the landlord refuses to accept the rent and other charges within such period, then the tenant may deposit the same with the Rent Authority in such manner as may be prescribed. (2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely - (a) the premises for which the rent and other charges payable are deposited alongwith a description sufficient for identifying the premises; (b) the period for which the rent and other charges payable are deposited; (c) the name and address of the landlord or the person or persons claiming to be entitled to such rent and other charges payable; (d) the reasons and circumstances for which the application for depositing the rent and other payable charges is made; (e) such other particulars as may be necessary. (3) Where the tenant is unable to decide as to whom the rent is payable during the period of tenancy agreement, the tenant may, in such case, deposit the rent with the Rent Authority in such manner as may be prescribed. (4) Where the rent is deposited under sub-section (3), the Rent Authority shall enquire the case as to whom the rent is payable and pass orders as he may deem fit on the basis of the facts of the case. (5) The withdrawal of rent and other charges payable, deposited under sub-section (1) or sub-section (2), shall not by itself operate as an admission against the landlord or any other claim made by the tenant, if the landlord withdraws it to the extent of rent agreed upon under the tenancy agreement. 15. Repair and maintenance of property. - (1) Notwithstanding any agreement in writing to the contrary, the landlord and the tenant shall keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall respectively be responsible to repair and maintain the said premises as specified in the Second Schedule or as agreed to in the tenancy agreement. (2) In case of common facilities shared among the tenants or with the landlord, the respective responsibilities of the tenant and landlord to repair and maintain those facilities shall be such as may be specified in the tenancy agreement. (3) If the tenant fails or refuses to carry out the repairs referred to in sub-section (1) or sub-section (2), the landlord may carry out the repairs and deduct the amount incurred for such repairs from the security deposit and the amount so deducted shall be paid by the tenant within a period of one month of die issue of notice by the landlord in that regard: Provided that if the cost for such repairs exceed the security deposit, the tenant shall be liable to pay the excess cost including the security deposit so deducted to the landlord within a period of one month of the issue of notice by the landlord in that regard. (4) In case the landlord refuses to carry out the repairs referred to in sub-section (1) or subsection (2), the tenant may carry out such repairs and deduct the expenditure incurred towards the same from the rent to be paid for the succeeding months: Provided that in no case the deduction from rent in any one month shall exceed fifty per cent of the agreed rent for a month. (5) Where the premises is uninhabitable without the repairs and the landlord refuses to carry out the required repairs, after being called upon by the tenant in writing to do so, the tenant may abandon the premises after giving the landlord a fifteen days' notice in writing. (6) Where the premises let out on rent becomes uninhabitable for the tenant due to an event of force majeure or the tenant is unable to reside due to occurrence of such event, the landlord shall not charge rent from the tenant until the said premises is restored by the landlord, subject to the provisions of this section, to be inhabitable: Provided that where the rented premises becomes uninhabitable as specified in sub-section (5) or this sub-section and the landlord fails to carry out the -required repairs to make it inhabitable or the said premises could not be made inhabitable, then, the security deposit and advance rent shall be refunded by the landlord to the tenant within a period of fifteen days of the expiry of the notice period, after making due deduction of liability of the tenant, if any. 16. Tenant to look after premises. - During the subsistence of tenancy, the tenant shall, - (a) not intentionally or negligently damage the premises or permit such damage; (b) inform the landlord in writing of any damage; (c) take reasonable care of the premises and its contents including fitting and fixtures and keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living. 17. Entry into premises. - (1) Every landlord or the property manager may enter the premises let out on rent after serving a notice, in writing or through electronic mode, 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 to do or to get work done in the premises; or (b) to carry out an inspection of the premises for the purpose of determining whether premises are in a habitable state; or (c) for any other reasonable cause for entry specified in the tenancy agreement. (2) The notice shall specify the day, time and reason for entry: Provided that no person shall enter the premises before sunrise and after sunset: Provided further that nothing contained in this section shall prevent the landlord from entering into the premises let out on rent without prior notice to the tenant in case of emergent situations like war, flood, fire, cyclone, earthquake or any other natural calamity, which may affect that premises. 18. Information as to properly manager. - In case the landlord has engaged a property manager, the landlord shall provide the following information to the tenant, namely - (a) name of the property manager; (b) proof that such property manager is authorized by the landlord; (c) specific purposes for which the property manager has been authorized by the landlord and the period of such authorization; and (d) if the property manager is a legal entity, the name of the entity and the person authorized in this behalf by that legal entity who may be contacted in relation to the tenancy agreement. 19. Duties of property manager and consequences of violation of his duties. - (1) The duties of the property manager shall include the following, namely - (a) to collect rent against receipt; (b) to do essential repairs on behalf of the landlord; (c) to inspect the premises from time to time; (d) to give notices to the tenant for, - (i) proper maintenance of the premises; (ii) delay in payment of rent; (iii) revision of rent; (iv) vacation of premises; (v) renewal of tenancy; (e) to help in resolution of disputes amongst tenants; (f) any other matters relating to tenancy to be acted upon only on the instructions of the landlord. (2) Where the property manager acts in contravention of the provisions of sub-section (I) or against the instructions of the landlord, the Rent Authority may, on an application made to it by the landlord or tenant in that behalf, remove the property manager or impose such costs on the property manager so as to compensate any loss incurred by the landlord or tenant due to such contravention. 20. Withholding essential supply or service. - (1) No landlord or property manager shall, either by himself or through any other person, withhold any essential supply or service in the premises occupied by the tenant. (2) In case of contravention of the provisions of sub-section (1), and on application made by the tenant in this behalf, the Rent Authority after examining the matter, may pass an interim order directing the restoration of supply of essential services immediately on service of such order upon landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3). (3) The Rent Authority shall conduct an inquiry in respect of the application made by the tenant under sub-section (2), and complete the inquiry within one month of filing of such application. (4) The Rent Authority may, after giving a reasonable opportunity of being heard, award a compensation not exceeding two months' rent to be paid by the person responsible for withholding the essential supply, so as to compensate the loss incurred. (5) The Rent Authority may levy a penalty of a sum not exceeding twice the monthly rent to the tenant, if it finds that the application was frivolous or vexatious. Explanation. - For the purposes of this section, essential services includes supply of water, electricity, piped cooking gas supply, lights in passages, lifts, staircase, conservancy, parking, communication links and sanitary services. Chapter V Protection of Tenant Against Eviction, Recovery of Possession of Premises by Landlord 21. Protection of tenant against eviction. - (1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of Section 22: Provided that where the landlord has acquired the premises by sale deed after the commencement of this Act and it was in the occupation of a tenant since before its purchase, no application for recovery of possession of such premises shall be made under this section unless d period of one years has elapsed from the date of such acquisition, or expiry of tenancy agreement executed in between the erstwhile landlord and the tenant, whichever is earlier: Provided further that after acquisition of the premises by the landlord under preceding proviso the landlord shall also intimate to the tenant in possession, within one month of such acquisition. (2) The Rent Authority may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely - (a) that the tenant does not agree to pay the rent payable under Section 8; (b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of Section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord: Provided that in relation to a tenant who is a member of the armed forces of the Union and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Act 4 of 1925) has issued a certificate that he is serving under special conditions within the meaning of Section 3 of that Act or where he has died by enemy action while so serving, then in relation to his heirs, the words "two months" in this clause shall be deemed to have been substituted by the words "one year"; (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: Provided that in case, the tenant is a firm, then in case of change of proprietor or partners of firm or its nature of business, the prior endorsement of landlord has not been obtained in writing; (d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse. Explanation. - For the purposes of this clause, "misuse of premises" means encroachment of additional space by the tenant or use of premises for a purpose other than the purpose permitted in the tenancy agreement 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 immoral or illegal purposes; (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority: Provided further that the tenant shall not be allowed to reoccupy the premises, - (i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and (ii) in cases where the tenant has been evicted under the orders of a Rent Authority; (iii) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority; Explanation. - For the purposes of this clause, the expression "competent authority" means the Municipal Corporation or the Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use; (g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has contracted to sell the said premises 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 premises; (h) that the tenant has carried out any structural change or erected any permanent structure in the premises let out on rent without the written consent of the landlord; (i) that in violation of Section 7, the tenant has sub-let whole or part of the premises held by him or has transferred or assigned his rights in the tenancy agreement or part thereof; (j) that where the tenancy stands determined by efflux of time; (k) that the tenant has allowed the premises to be occupied by any person who is not a member of his family; Explanation. - F,or the purposes of this clause, family means spouse, male lineal descendants, such parents, grandparents, any unmarried, widowed, divorced, judicially separated daughter, daughter of a male descendant or widowed daughter-in-law as may have been normally residing with him or her. (l) that the tenant has substantially removed his effects from the premises; (m) that the premises are required by landlord either in its existing form, or after demolition and new construction thereof for the purpose of its occupation by landlord. (3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Authority the arrears of rent and other payable charges, if any, including interest within one month from the date of service of the said demand notice upon him. (4) Where the tenant fails to pay the rent consecutively for two months subsequent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again. (5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Authority may allow eviction from only a part of the premises, if the landlord agrees for the same. 22. Eviction and recovery of possession of premises in case of death of the landlord. - (1) Notwithstanding anything contained in this Act or any other law for. the time being in force, in case of death of the landlord, where there is a requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Authority in such form and manner, as may be prescribed. (2) The Rent Authority may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord. 23. Enhancement of rent in case of refusal by tenant to vacate. - Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Act, such tenant shall be liable to pay the landlord - (a) twice the monthly rent for the first two months; and (b) four, times the monthly rent thereafter till the tenant continues to occupy the said premises. 24. Refund of advance rent by landlord. - (1) Where a landlord exercises the right of recovery of possession under sub-section (2) of Section 21 or under Section 22, 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 amount after deducting the rent and other charges due to him. (2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund. 25. Payment of rent during eviction proceedings. - 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, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Authority to direct the tenant to pay him the rent payable, as under Section 8 and Section 23, and the Rent Authority may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of Section 14. 26. Permission to build additional structures. - (1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord. (2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses, to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Authority. (3) On an application made by the landlord under sub-section (2) if the Rent Authority is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Authority may permit the landlord to do such work and may make such other order as it may deem fit: Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant. 27. Special provision regarding vacant land. - (1) Notwithstanding anything contained in Section 21 or Section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Authority. (2) The Rent Authority may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are 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, - (a) direct such severance after such enquiry as it may deem fit; (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 may deem fit in the circumstances of the case. 28. Vacant possession to landlord. - Notwithstanding anything contained in any other law for the time being in force, where-the interest of a tenant or in case of death of the tenant, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Authority under this Act for the recovery of possession of such premises, such order shall, subject to the provisions 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 by all such occupants to the landlord or to the legal heirs of the landlord. 29. Provisions regarding notice of giving up possession by tenant. - Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession of the premises on giving such written 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 Authority, Rent Tribunal Their Powers and Appeal 30. Rent Authority. - The District Collector shall appoint an officer, not below the rank of Additional District Collector, to be the Rent Authority within his jurisdiction. 31. Negotiated settlement of disputes. - (1) The Rent Authority and the Rent Tribunal shall, in all cases where the respondent enters or is permitted to enter defense against the application, at any time before a negotiated settlement of the dispute between the parties, in appropriate cases, refer them to the appropriate authority under the Legal Services Authorities Act, 1987 (Act 39 of 1987). (2) Without prejudice to the provisions of sub-section (1), the Rent Authority and Rent Tribunal shall follow such procedure as it deems proper to promote a compromise expeditiously. (3) Where there has been a settlement of the case by compromise, the Rent Authority and Rent Tribunal shall record the terms of the compromise and pass final order in those terms. 32. Rent Tribunal. - The Rent Tribunal shall be presided over by the District Judge himself or by Additional District Judge nominated by the District Judge in each district, 33. Procedure to be followed in Rent Authority and Rent Tribunal. - (1) Save as provided in this Act, nothing contained in the Code of Civil Procedure, 1908 (Act 5 of 1908) shall apply to the Rent Authority and Rent Tribunal, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely - (a) the landlord or the tenant may file an application or appeal before the Rent Authority or Rent Tribunal, as the case may be, accompanied by affidavit and documents, if any; (b) the Rent Authority or Rent Tribunal, as the case may be, shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents; (c) the opposite party shall file a reply accompanied by affidavit 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 Authority or Rent Tribunal, as the case may be, shall fix a date of hearing and may hold such summary inquiry as it deems necessary. (2) The Rent Authority or Rent Tribunal, as the case may be, shall endeavor to dispose the case as expeditiously as possible, not exceeding a period of more than sixty days from the date of receipt of the application or appeal: Provided that where any such application or appeal, as the case may be could not be disposed of within the said period of sixty days, the Rent Authority or Rent Tribunal, as the case may be, shall record its reasons in writing for not disposing of the application or appeal within that period: (3) In every application or appeal, before the Rent Authority or Rent Tribunal, as the case may be, the evidence of a witness shall be given by affidavit: Provided that the Rent Authority or Rent Tribunal, as the case may be, may where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross-examination. (4) The provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908) regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Authority or Rent Tribunal. In addition to the said mode of service, the service of notice to landlord or tenant may also be effected through e-mail, WhatsApp, SMS or other recognized electronic mode. (5) Every application or appeal shall be in such form as may be prescribed. (6) The Rent Authority or Rent Tribunal, as the case may be, shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost. (7) Every application under clauses (a), (b), (e), if) and (g) of sub-section (2) of Section 21 or under Section 22 shall be decided within ninety days from the date of filing of such application before the Rent Authority. (8) The Rent Authority shall decide every application filed under clause (c) and (cl) of subsection (2) of Section 21 within thirty days from the date of filing of such application. 34. Powers of Rent Authority and Rent Tribunal. - (1) The Rent Authority and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act 5 of 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 commission 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) any other matter, which may be prescribed. (2) Any proceeding before the Rent Authority or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 (Act 45 of 1860); and the Rent Authority 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 (Act 2 of 1974). (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may, - (a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorize any officer subordinate to it, to enter and inspect any premises at any time between sunrise and sunset; (b) by a written order, require any person to produce for its 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 Authority 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 Authority or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Authority on an application received by it in this behalf from any of the parties or otherwise. (6) The Rent Authority may exercise -the powers of a Judicial Magistrate Of the First Class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and the Rent Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery. (7) An order made by a Rent Authority or an order passed in appeal under this Chapter shall be executable by the Rent Authority as a decree of a Civil Court and for this purpose, the Rent Authority shall have the powers of a Civil Court. (8) The Rent Authority may set aside or recall any order passed ex-parte if the aggrieved party files an application and satisfies it that the notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing. (9) Save as otherwise expressly provided in this Act, every order made by the Rent Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or .execution proceedings. 35. Appeal to Rent Tribunal. - (1) Any person aggrieved by an order passed by the Rent Authority may prefer an appeal along with a certified copy of such order to the Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order. Provided that no appeal shall lie unless the appellant pre-deposits fifty percent of the entire payable amount under the impugned order of the Rent Authority. (2) Upon filing an appeal under sub-section (1), the Rent Tribunal shall serve notice, along with a copy of memorandum 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 sixty days from such date of service. (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of documents at any stage of the proceedings in appeal: Provided that no such document shall be allowed more than 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) While deciding the appeal, the Rent Tribunal may, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Authority. 36. Execution of order. - (1) The Rent Authority shall, on an application filed by any party, execute an order of a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by - (a) delivering possession of the premises to the person in whose favour the decision has been made; or (b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or (c) appointing any advocate or any other competent person including officers of the Rent Authority or local administration or local body for the execution of such order; or (d) attachment of salary and allowance of the opposite party; or (e) attachment and sale of the movable or immovable property of the opposite party. (2) The Rent Authority may take help from the local police for execution of the final orders: Provided that no applicant shall obtain help of the police unless he pays such costs as may be decided by the Rent Authority. (3) The Rent Authority shall conduct the execution proceedings, in relation to its order or an order of a Rent Tribunal or any other order passed under this Act, in a summary manner and dispose of the application for execution made under this section within a period of thirty days from the date of service of notice on the opposite party. Chapter VII Miscellaneous 37. Officers and other employees of the Rent Authority and the Rent Tribunal. - The State Government may determine the nature and categories of officers and other employees as it considers necessary and appoint such officers and other employees for the efficient discharge of their functions under this Act. 38. Jurisdiction of Civil Courts barred in respect of certain matters. - (1) Save as otherwise provided in this Act, no Civil Court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act. (2) The jurisdiction of the Rent Authority shall be limited lo tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises. 39. Court fees. - (1) The provisions of the Court Fees Act, 1870 (Act 7 of 1870) shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Tribunal, as the case may be. (2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Authority and the memorandum of appeal presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the-tenant. (3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a Civil Court. 40. Officers and staff to be public servants. - Every officer and staff of Rent Authority and Rent Tribunal appointed under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Act 45 of 1860). 41. Application of Sections 4, 5 and 12 of Limitation Act, 1963. - The provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (Act 36 of 1963) shall mutatis mutandis apply to all proceedings under this Act. 42. Overriding effect. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force. 43. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any officer and staff of Rent Authority or Rent Tribunal in respect of anything which is done or intended to be done in good faith in pursuance of this Act. 44. Power to make rules. - (1) The State Government may, by notification in the Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely - (a) the form and manner of digital platform to be put in place by the State Government in the Hindi or English language for enabling submission of documents under subsection (4) of Section 4; (b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under subsection (3) of Section 14; (c) manner of making an application for the recovery of possession of the premises under sub-section (2) of Section 21; (d) form and manner of making an application for the recovery of possession of the premises under sub-section (1) of Section 22; (e) rate of interest payable under Sections 21 and 24; (f) the form and manner of filing application by the landlord before the Rent Authority for obtaining possession of the premises let out on rent for erecting building under sub-section (1) of Section 27; (g) the form of filing appeal before Rent Tribunal under sub-section (5) of Section 34; (h) any other matter to be provided under clause (k) of sub-section (1) of Section 35; (i) the manner of execution of an order of a Rent Tribunal or any other order made under this Act under sub-section (1) of Section 36; (j) any other matter which is required to be, or may be, prescribed under the provisions of this Act. 45. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Gazette, not inconsistent with the provisions of this Act, remove the difficulty; Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature. 46. Repeal and savings. - (1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act 13 of 1972) and, the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 (U.P. Ordinance 3 of 2021) is hereby repealed. (2) Notwithstanding such repeal, all cases and other proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act 13 of 1972) pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act of 1972 as if that Act had continued to be in force and this Act had not been enacted. (3) All cases and proceedings relating to any dispute between a landlord and a tenant under any law other than the law repealed by sub-section (1) pending before the Civil Court or in appeal before any other Court on the date of commencement of this Act, in respect of the premises to which this Act applies, shall be continued before such Court and disposed of in accordance with such applicable law. (4) Notwithstanding such repeal anything done or any action taken under the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance 2 of 2021) and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 (U.P. Ordinance 3 of 2021) shall be deemed to have been done or taken under the corresponding provisions of this Act. The First Schedule [See Section 4(1)] Form For Information of Tenancy To, The Rent Authority ______________________(Address) 1. Name and address of the landlord including e-mail or Mobile Number :............................................ 2. Name and address of the Property Manager (if any) :............................................ 3. Name(s) and address of the tenant, including email or Mobile Number. :........................................... 4. Description of previous tenancy, if any :........................................... 5. Description of premises let to the tenant including appurtenant land, if any :............................................ 6. Date from which possession is given to the tenant :............................................ 7. Rent payable as in Section 8 :........................................... 8. Furniture and other equipment provided to the tenant :.......................................... 9. Other charges/ Tax payable a. Electricity :.......................................... b. Water :.......................................... c. Extra furnishing, fittings and fixtures :.......................................... d. Other services :.......................................... 10. Attach tenancy agreement :.......................................... 11. Duration of tenancy (Period for which let) :......................................... 12. Photo ID of Landlord :......................................... 13. Mobile Number &E-mail id of landlord (if available) :......................................... 14. Photo JD number of tenant :......................................... 15. Mobile Number & E-mail id of tenant :......................................... 16. Photo ID of Property Manager (if any) :......................................... 17. Mobile Number & E-mail id of Property Manager (if any) :......................................... Name and signature of landlord Name and signature of tenant Photograph of landlord Photograph of tenant Enclosed: 1. Tenancy Agreement. 2. Self-attested copies of Photo ID of landlord. Current Central Legislation/Lucknow Law Times 3. Self-attested copies of Photo ID of tenant. 4. Self-attested copies of Photo ID of Property Manager, if any. The Second Schedule [See Section 15(1)] Division of Maintenance Responsibilities between the Landlord and the Tenant Unless otherwise agreed in the tenancy agreement, the landlord shall be responsible for repairs relating to matters falling under Part A and the tenant shall be responsible for matters falling under Part B. Part A Responsibilities of the Landlord - 1. Structural repairs except those necessitated by damage caused by the tenant. 2. Whitewashing of walls and painting of doors and windows. 3. Changing and plumbing pipes when necessary. 4. Internal and external electrical wiring and related maintenance when necessary. Part B Periodic repairs to be got done by the tenant - 1. Changing of tap washer and taps. 2. Drain cleaning. 3. Water closet repairs. 4. Wash Basin repairs. 5. Bath tub repairs. 6. Geyser repairs. 7. Circuit breaker repairs 8. Switches and socket repairs. 9. Repairs and replacement of electrical equipment except major internal and external wiring changes. 10. Kitchen fixtures repairs. 11. Replacement of knobs and locks of doors, cupboard, windows etc. 12. Replacement of fly-nets. 13. Replacement of glass panels in windows, doors etc. 14. Maintenance of gardens and open spaces let out to or used by the tenant. |
