In absence of a model law, there are informal agreements with arbitrary clauses and often litigation arising out of disputes. The Union Cabinet has approved the Model Tenancy Act to streamline the process of renting property in India and aid the real estate sector.
Watch now #Inaminute Lawwiser video powered by Phoenix Legal where their Partner Siddharth Hariani quickly takes us through the highlights of the #ModelTenancyAct and how it impacts the rent control laws.
MODEL TENANCY ACT, 2021 – INTRODUCTION
In India, Tenants and landlords are usually involved in certain disputes, which are sometimes widened into massive disputes.
Model Tenancy Actors of today must work harder to maintain and improve their reputation amongst tenants. Tenants often feel cheated and taken advantage of by estate agents when the situation is not adequately monitored and controlled.
The best way to ensure that the agents are not preying on innocent and naive tenants is to appoint trustworthy Tenancy Service Providers who have all the necessary expertise and legal know-how.
It is straightforward for an agent to get away with selling properties to uninformed or even uninformed people about their rental services. There are several laws governing tenancies in India. The lease/landlord agreement has to be in favour of both parties.
More on model tenancy act (MTA 2021)
Various codes govern how a tenant can be handled legally. The government has made every effort to regulate the system’s working and has even stepped up with measures like the Minimum Income Law, which requires tenants to pay a certain amount as rent.
Model Tenancy Act 2021 or MTA has been now also introduced, which was necessary to curb this menace. They will help tenants to have peaceful and quiet living. As the lease is supposed to be for the benefit of both the landlord and the tenant, it is essential to make sure that it is well enforced.
The Model Tenancy Act, 2021 is applicable for both residential and commercial purposes.
In the Model Tenancy Act, 2021, much emphasis has been given to tenant and landlord rights. A quick review of some of the crucial rights for both parties are listed below:-
Rights of Tenant
- The first right of the tenant is to get receipt/bank acknowledgement for the payment of rent.
- To abandon the uninhabitable premises after giving 15 days’ notice to the landlord.
Rights of Landlord
- The first right of the landlord in the Model Tenancy Act, 2021 is to get the rent and other charges as per the tenancy agreement.
- Second is to inspect the premises for maintenance and reasonable cause.
On the same note, It is also the responsibility of the tenant to find out whether or not there has been some damage or irregularity within the premises. It will help them avoid paying for something that is not there.
In addition, it is the right of the tenant in the Model Tenancy Act 2021 to inquire about the condition of the property. Even if a property looks brand new, there may be damages that need repairs. The tenant should keep a record of all the relevant details.
Once you have identified all the issues and given a detailed description of what is wrong with the property, you must raise these matters with the owner. If you are dealing with a big property, speak to the owner in person.
The act, therefore, attempts to clear the disputes between the parties in a pretty speedy way. However, the state union territories have to adopt the law to apply to them to incorporate the changes further. Therefore the law must not be consistent for the whole country.
The Model Tenancy Act, 2021 is thus not a magic pill, but it will take successful implementation to succeed with the act.
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