Model Tenancy Act, 2019

According to the National Census, vacant houses comprised around 12 percent of the total share of the urban housing – an increase of 71 percent since 2001.

Need for Rental Regulation:

  • Acute housing shortage.
  • Rise in vacant houses.

Challenges in Housing Infrastructure:

  • Lack of rental Policy
    • Tenant-owner conflicts unresolved.
    • Difficult to evict if
  • Rise in vacant houses.
  • Low rental yield
    • Poor investments
    • Black money generation
  • Lack of demand in far flung areas
    • No necessary infrastructure.
    • Poor connectivity
  • NRIs hesitate to lease property
    • Fear of squatters.
    • Legalities in eviction.

Level Playing field: Tenants and Owners-Model Tenancy Act,2019

  1. Initial advance is capped.
    • Residential rentals : twice the rent
    • Non-residential : one month’s rent
  2. Eviction criteria
    • First two months – twice the rent
    • Thereafter – 4 times the rent
  3. No mid-term hikes, Nor cut-off or withholding of essential services.
  4. Rent revision heads up – three months prior.
  5. No sublet.
  6. Land lord responsibilities : structural changes, white washing etc
  7. Inform concerned rental authority within two months of signing the agreement.
  8. Disagreement – rental authority – deputy collector.

Challenges:

  • Land and urban development – state subjects.
  • Prospectively applicable – doesn’t affect the existing tenancies.
  • Political exigencies in cities like Mumbai where tenants have occupied residential properties in fine areas for a pittance.
  • Security deposit cap – practically difficult. For example, Bengaluru – 10 times the month rent.



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