An Act to provide for the regulation of rents repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the National Capital Territory of Delhi.
be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:--
Section 1. Short title, extent and commencement
(1) This Act may be called the Delhi Rent Act, 1995.
(2) It extends to the areas included within the limits of the New Delhi Municipal Council and the Delhi Cantonment Board and to urban areas within the limits of the Municipal Corporation of Delhi for the time being:
Provided that the Central Government may, by notification in the Official Gazette, exclude any area from the operation of this Act or any provision thereof:
Provided further that the Central Government may, by notification in the Official Gazette, exclude any premises or class of buildings from the operation of this Act or any provision thereof.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Section 2. Definitions
In this Act, unless the context otherwise requires,--
(a) "Bench" means a Bench of the Tribunal;
(b) "Chairman" means the Chairman of the Tribunal;
(c) "fair rate" means the fair rate fixed under section 39 and includes the rate as revised under section 40;
(d) "hotel or lodging house" means a building or a part of a building where lodging, with or without board or other services, is provided for a monetary consideration;
(e) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
(f) "lawful increase" means an increase in rent permitted under the provisions of this Act;
(g) "manager of a hotel" includes any person in charge of the management of the hotel;
(h) "Member" means a Member of the Tribunal and includes the Chairman;
(i) "owner of a lodging house" means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house;
(j) "premises"' means any building or part of a building which is, or is intended to be, let separately for use as a residence or for non-residential use or for any other purpose, and includes--
(i) the garden, grounds and out-houses, if any, appertaining to such building or part of the building;
(ii) any fittings to such building or part of the building for the more beneficial enjoyment thereof but does not include a room in a hotel or a lodging house;
(k) "prescribed" means prescribed by rules made under this Act;
(l) ''Rent Authority" means an authority appointed under sub-section (1) of section 43 and includes an additional Rent Authority appointed under sub-section (2) of that section;
(m) "standard rent", in relation to any premises, means the rent calculated under section 7;
(n) "tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes--
(i) a sub-tenant;
(ii) any person continuing in possession after the termination of his tenancy.
but does not include--
(i) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976(18 of 1976);
(ii) any person to whom a licenses as defined in section 52 of the Indian Easements Act, 1882 has been granted;
(o) "Tribunal" means the Delhi Rent Tribunal established under section 46;
(p) "urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957.
Section 3. Certain provisions not to apply to premises
(1) Nothing in this Act shall apply--
(a) to any premises belonging to the Government or a local authority;
(b) to any tenancy or other like relationship created by a giant from the Government in respect of the premises taken on lease or requisitioned, by the Government:
Provided that where any premises belonging to Government have been or are lawfully let out by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy;
(c) to any premises, whether residential
Section 4. Registration of tenancy agreements
(1) Notwithstanding anything contained in section 107 of he Transfer of Property Act, 1882(4 of 1882), no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.
(2) Every agreement referred to in sub-section (1) or required to be registered under sub-section (3) shall be registered under the Registration Act, 1908(16 of 1908), within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act.
(3) Where, in relation to a tenancy created before the commencement of this Act.--
(a) an agreement in writing was entered into and was not registered under the Registration Act, 1908(16 of 1908), the landlord and the tenant shall jointly present a copy thereof for registration before the registering officer under the said Act;
(b) 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 for registration before the registering officer under the said Act:
Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy with the prescribed authority in such form and in such manner and within such period as may be prescribed.
Section 5. Inheritability of tenancy
(1) In the event of death of a tenant, the right of tenancy shall devolve for a period of ten years from the date of his death to his successors in the following order, namely:--
(b) son or daughter or where there are both son and daughter both of them;
(d) daughter-in-law, being the widow of his pre-deceased son:
Provided that the successor has ordinarily been living in the premises with the deceased tenant as a member of his family up to the dale of his death and was dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National Capital Territory of Delhi.
(2) If a person, being a successor mentioned in sub-section (1), was ordinarily living in the premises with the deceased tenant but was not dependent on him on the date of his death, or he or his spouse or any of bis dependent son or daughter is owning of occupying a residential premises in the National Capital Territory of Delhi, such successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession of the premises shall become extinguished.
For the removal of doubts, it is hereby declared that--
(a) where, by reason of sub-section (2), the right of any successor to continue in possession of the premises becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession of the premises but if there is no other successor of the same category, the right to continue in possession of the premises shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be:
(b) the right of every successor, referred to in sub-section (1) to continue in possession of the premises shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.
(3) Nothing in sub-section (1) or sub-section (2) shall apply to a non-residential premises and the vacant possession of such premises shall be delivered to the landlord within one year--
(i) of the death of tenant, in case the tenant is an individual;
(ii) of the dissolution of the firm, in case the tenant is a firm;
(iii) of the winding up of the company, in case the tenant is a company;
(iv) of the dissolution of the corporate body other than a company, in case the tenant is such a corporate body.
Section 6. Rent payable
(1) The rent payable in relation to a premises shall be--
(a) the rent agreed to between the landlord and the tenant as enhanced in the manner provided in Schedule I; or
(b) the standard rent specified under section 7,as revised under section 9.
(2) In the case of a tenancy entered into before the commencement of this Act, the landlord may, by notice in writing to the tenant within three months from the date of such commencement, enhance the rent as specified under section 7 and the rent so enhanced, shall be payable from the date of such commencement.
Section 7. Standard rent
(1) "Standard rent", in relation to any premises, means the rent calculated on the basis of ten per cent. per annum of the aggregate amount of the cost of construction and the market price of the land comprised in the premises on the date of commencement of the construction:
Provided that the standard rent calculated as aforesaid shall be enhanced in the manner provided in Schedule I.
(2) For the purposes of this section,--
(a) cost of construction shall include cost of electrical fittings, water pumps, overhead water tanks, storage tanks and other water, sewerage and other fixtures and fittings in the premises;
(b) in case any fixtures and fittings referred to in clause (a) are in common use by more than one occupant in a building, such proportion of cost of the fixtures and fittings shall be included in the cost of construction of the premises as bears the proportion to the plinth area of such premises to the plinth area of that building;
(c) the cost of construction shall be the actual amount spent on construction, and in a case where such amount cannot be ascertained, such cost shall be determined as per the scheduled rates of the Central Public Works Department for cost of construction for similar construction for the year in which the premises was constructed;
(d) the market price of the land shall be the price for which the land was bought as determined from the deed of sale registered under the Registration Act, 1908(16 of 1908), if construction commenced in the year of registration or the land rates notified by a local authority for the year in which construction was commenced, whichever is higher;
(e) the land comprised in the premises shall be the plinth area of the building and such of the vacant land up to fifty per cent. of the plinth area as is appurtenant thereto;
(f) in a case where a premises forms part of a building having more than one premises, such proportion of price of land forming part of such building shall be taken to be the market price of the land comprised in the premises as is equal to the proportion of the plinth area of such premises to the plinth area of that building;
(g) notwithstanding anything contained in clauses (c) and (d), the cost of construction and the market price of the land comprised in the premises purchased from or allotted by the Government or a local authority shall be the aggregate amount payable to such Government or the local authority for the premises:
Provided that the Rent Authority may, for the purpose of arriving at, the cost of construction and the market price of the land comprised in the premises, allow addition, subject to a maximum of thirty per cent. of amount payable to the Government or the local authority, to the amount so payable for any expenditure incurred by the landlord or by the first or any subsequent purchaser or allot tee for any improvement, addition or structural alternation in the premises.
Section 8. Other charges payable
(1) A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:--
(a) charges, not exceeding fifteen per cent. of the rent for the amenities as specified in Schedule II as agreed to between the landlord and the tenant;
(b) maintenance charges at the rate of ten per cent. of the rent;
(c) without prejudice to the liability of landlord to pay the property tax to the local authority, the pro rata property tax in relation to the premises.
For the purpose of calculating the monthly charges payable by the tenant to the landlord towards the property tax, the amount paid or payable as property tax for the immediately proceeding year or the estimated tax payable shall form the basis.
(2) The landlord shall be entitled to recover from the tenant the amount paid by him towards charges for electricity or water consumed or other charges levied by a local or other authority which is ordinarily payable by the tenant.
Section 9. Revision of rent in certain cases
(1) Where a landlord has at any time, before the commencement of this Act with or without the approval of the tenant or after the commencement of this Act with the written approval of the tenant incurred expenditure for any improvement, addition or structural alteration in the premises, not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the rent per year by an amount not exceeding ten per cent. of such cost.
(2) Where, after the rent of a premises has been fixed under this Act, or agreed upon, as the case may be, there has been a decrease, diminution or deterioration of accommodation in such premises, the tenant may claim a reduction in the rent
Section 10. Notice of revision of rent
(1) Where a landlord wishes to revise the rent of any premises under sub-section (1) of section 9, he shall give the tenant a notice of his intention to make the revision and, in so far as such revision is lawful under this Act, it shall be due and recoverable from the date of improvement, addition or structural alteration.
(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of Property Act, 1882(4 of 1882).
Section 11. Rent Authority to fix standard rent, etc.
(1) The Rents Authority shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any premises--
(i) the deemed rent for the purpose of clause (c) of sub-section (1) of section 3;
(ii) the enhancement in rent in the manner provided in Schedule I;
(iii) the standard rent as per the provisions of section 7;
(iv) the other charges payable as per the provisions of section 8; and
(v) the revision in rent as per the provisions of sections 9;
Provided that it shall not be permissible for the landlord to apply for the fixation of standard rent as per the provisions of section 7 in the case of a tenancy entered into after the commencement of this Act.
(2) In working out the cost of construction of any premises or the market price of land comprised in such premises for the purposes of section 7 or the expenditure incurred for any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Rent Authority may take the assistance of a prescribed valuer who shall carry out the assessment in the manner prescribed.
(3) In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable, the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section 8 and the ether circumstances of the case.
(4) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Rent Authority may also fix the standard rent of such part sub-let.
(5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises.
(6) The standard rent shall in all cases be fixed for a tenancy of twelve months:
Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears to twelve months.
(7) In fixing the standard rent of any premises under this section, the Rent Authority shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(8) In fixing the standard rent or lawful increase or decrease of rent or determining the other charges payable in respect of any premises under this section, the Rent Authority shall specify a date from which the amount so fixed shall be deemed to have effect:
Provided that, in the matter of standard rent, in no case the date so specified shall be earlier than the date of the filing of the application for the increase or decrease of the standard rent:
Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration.
(9) The Rent Authority may, while fixing standard rent or lawful increase or decrease in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of instalments as he deems proper.
Section 12. Fixation of interim rent
If an application for fixing the standard rent or for determining the lawful increase or decrease of rent or other charges payable is made under section 11, the Rent Authority shall, as expeditiously as possible, make an order specifying the amount to be paid pending final decision on the application and shall appoint the date from which the amount so specified shall be deemed to have effect.