Lucknow College of Architecture, Lucknow

Fin al Year B. Arch. AR 1003 Development Legislation

UNIT-5 LAW RELATED TO DEVELOPMENT & MANAGEMENT OF POPULATION

Lecture 10 - RENT CONTROL
*
- Prof. Mukul Singh

THE U.P. URBAN BUILDINGS (Regulation of Letting, Rent and Eviction) ACT, 1972

Introduction:
In view of con tinu ing incr ease in the urba n popu lati on and the relatively slo w pac e of hous e
buil ding acti vity the probl em of shor tage of accommoda tion has beco me chro nic. Provision s
relat ing to cont rol or lett ing and rent of acco mmodation were consider ed nece ssar y and init iall y.
Defense of India , Rules , 19 39 we re fr am ed to re gu la te th e af fa ir s, as te mp or a ry me as ur e.
Fr om ti me to ti me va ri ou s amend ments were made and final ly the Utta r Prade sh Urban
Buil dings (Regulati on of letti ng, rent and eviction) Act, 1972 was enacted as permanent measure.
Application and Commencement:
The act ext end s tow hol e of Utt ar Pra des h and app lie s to eve ry cit y, mun ici pal ity, not ifi ed are a
and ever y town are a. Sta te Gove rnm ent may exte nt this act any area or rem ove any area fro m
appl icat ion by Gaz ett e Not ifi cat ion . The Act com men ced wit h eff ect fro m 15 Jul , 197 2 and
als o inc lud ed are a situated within 3 km. of every Nagar Mahapalika, Mahapalika and Notified Areas.

Exemption from operation of Act [S-2]:

Nothing in this Act shall apply to-
(i) Buildings owned by the Government, local authority or public Sector Corporation.
(ii) Building belonging to or vested in recognized educational institution.
(iii) Any building used or intended to be used as a factory.
(iv) An y bu ildi ng used or intend ed to be used for an y other indu strial pu rpo se
(m an ufa ctur e, preservation or processing) or as cinema or theatre.
(v) An y bui ldi ng use d or int end ed to be use d as a pla ce of pub lic ent ert ain men t or
amu sem ent (including any sports stadium.
(vi) Any build ing built and held by a socie ty regis tered under the Societ ies Regis trati on
Act.1960 or by a cooperative society, company or firm and intended solely for its own
occupation.
(vii) Any building of which a mission of a foreign country or any international agency is the tenant.
(viii) Not hin g in thi s Act sha ll app ly to a bui ldi ng dur ing a per iod of for ty year s fro m the dat e
on which its construction is completed.
Dis tri ct Mag istra te: Inc lud es an off ice r aut hor ize d by the Dis trict Jud ge to exe rci se , per for m
and disc harg e all or any of his power s, functi ons and dutie s under this Act and diffe rent offic ers
may be so aut hor ize d in res pec t of dif fer ent are as or cas es or cla sse s of cas es, and the Dis tri ct
Mag ist rat e may rec all any cas e fro m any suc h off ice r and eit her dis pose of it himsel f or
tra nsf er it to any oth er suc h officer for disposal.

REGULATION OF RENT
Proh ibiti on of premium and rent payable gene rally [S-4]: No Landl ord shal l take or rece ive for
admit ting a tenant to any build ing any premi um or addit ional payment over and above and rent
payabl e therefor, nor shall a tenant take or receive any premium for admitting a sub-tenant or any other
person.

*
Principal at Lucknow College of Architecture
Effe ct of imp rov emen t on ren t [S-6]: Where the lan dlo rd has , either wit h the cons ent of the
ten ant or in purs uance of an y requ ir ement of la w, made an y impr ove men t in bui ldin g, he may
en hance th e mon th ly re nt of the buil di ng by an amou nt not ex ceed in g one pe rc en t of th e
ac tu al co st of su ch im pr ovemen t, wit h ef fect fr om th e sa id date , by gi ving noti ce with in
th re e mon th s fr om date of completion of the improvement.

Li abi lit y to pay ta xes [S -7]: Sub ject to any co ntr act in wri tin g to the con tra ry, the ten ant
shall be liab le to pay to the landlord in addition to and as part of the rent, the foll owing taxe s or
proportiona te part thereof payable in respect of building or part under his tenancy-
(i) The water tax
(ii) Twenty five perce nt of ever y such enhanceme nt in house tax made after the
commence ment of this Act.
Prov ided that noth ing in this sect ion shal l appl y in rela tion to a tena nt the rate of rent
paya ble by whom for the time being does not exceed twenty five rupees per month.
Determination of standard rent[S-9]:
I. In a case whe re th ere is neither an y agreed ren t nor an y as ses sment in force, the District
Magistrate shall on an application being made in this behalf, determine the standard rent.
II. In determining the standard rent the District Magistrate may consider:
(a) The respective market value of the building and of its site.
(b) The cost of construction, maintenance and repairs of the building.
(c) The prevail ing rents for simi lar buil dings in the loca lity imme diat ely befo re the
said date.
(d) The amenities provided in the building
(e) The latest assessment of the building, if any,
(f) Any other relevant fact which appears in the circumstances of the case to be material.
III. Cons idering above facts, the Distri ct Magi str ate shal l ordinaril y consider ten percent per
annu m on the marke t value of the build ing on the said date to be the annual stan dard rent,
thereof, and the monthly standard rent shall be equal to one twelfth of the annual standard rent.

REGULATION OF LETTING
Deemed vacancy of building in certain cases [S-12]:
1. A landlord or tenant of a building shall be deemed to have ceased to occupy the building or
part thereof if:
(a) he has substantially removed his effects there from, or
(b) he has allowed it to be occupied by any other person who is not a member of his
family, or
(c) in the case of a residential building, he as well as members of his family have taken up
residence, not being temporary residence, elsewhere.
2. In cas e of non -res identi al bui ldi ng, whe re a ten ant car ryi ng on bus ine ss in the buildi ng
adm its a person who is not a member of his famil y as a partn er or a new part ner, as the
case may be, the tenant shall be deemed to have ceased to occupy the building.
3. In th e cas e of a re side nti al bui ldin g, if the tenant or an y member of his fam il y builds
or otherwise acquires in vacant state or gets vacated a residential building in the same city,
municipality, notified area or town area in which the building under tenancy is situated, he
shall be deemed to have occupied the building under his tenancy [S-12(3)].

4. If the tenant of a residential building holding a transferable post under any Government or local
authority or a public sector corpora tion or under any other employer has been transferred to
some other city municipality, notifi ed area or town area, then such tenant shall be deemed
to have ceased to occupy buildi ng with effect from 30 June following the date of such
trans fer or from the date of allot ment to him under this Act or any offici al accommodati on
is provid ed by the employer, which ever is later.[S-12(3A].
5. If the tenant of a residential building is engage d in any profe ssion, trade, callin g or
emplo yment in any city, municipality, notifi ed area or town area in which the said building
is situate, and such engagement ceases for any reason whatsoever, and he is landlo rd of
any other building in any other city than such tenant shall be deemed to have ceased to
occup y the first menti oned buildi ng with effect from the date on which he obtain s vacant
posse ssion of his buildi ng [S-12(3B)].

Restrictions on occupation of building without allotment or release:

1. Subject to the provisions of the Act, the District Magistrate may by order
(a) requ ire the land lord to let any buil ding which is or has falle n vacan t or is about to
fall vaca nt , or par t of suc h building, to any per son spe cifi ed in the ord er (to be
called an allotment order): or
(b) rele ase the whole or any part of such build ing or any land appurtena nt there to in
favo r of the land lord (to be called release order).
2. No release order shall be made unless the District Magistrate is satisfi ed that the building or
any part thereof is bonafide required, either in its existing form or after demolition and new
const ructio n, by the landlo rd for occupation by himse lf or any member of his famil y or for
any person for whose benefit it is held by him, either for residential purpose or for purpose of
any profession, trade, calling or for object of trust or that the building or any part thereof is in a
dilap idate d condit ion and is requi red for purpo ses of demol ition and new const ructi on, or
that any land appurtenant to it is required for construction of one or more new buildings.
3. The allotment order shall specify whether the building shall be used for residential or non-
resid entia l purposes, in the case of busine ss purposes, the names or propr ietors or
partn ers of the business, date by which the landlord shall deliver posses sion and such
other particu lars as may be prescribed.
4. Where the allott ee or the landlor d has not been able to obtain possession of the building
allotted to him, the Distr ict Magistrate may by order evict or cause to be evicte d any
perso n named in the order and for that purpose necessary force may be used if required.
5. Any application against the allotment order can be submitt ed to the District Magistrate
within 7 days of eviction. If the District Magistrate is satisfied, the possession can be restored.
6. If the District Magistrate finds that application given against the allotment order is false or
frivolous, he shall by order award to the allottee or the landlord, as the case may be, against the
applicant special cost which shall not exceed five hundred rupees.
7. Every District Magistrate shall also require the allottee to pay the landlord as advance,
equivalent to
(a) Whe re bui ldi ng is sit uated in a hil l muni cipali ty, one hal f of the year ly
pre sum pti ve rent, and
(b) In any other case, one month's presumptive rent.
Conditions of making allotment order [S-17].
1. No appeal shall lie aga ins t fin al ord er of all otm ent s or rel ease passed by the Distri ct
Mag ist rat e Ws 16 or sectio n 19, (Re allotment in the event of land lord abusin g the release
order) but any perso n aggrie ved by the final order may, within fifteen days from the date
of such order prefer a revision to the District Judge on any one or more of the following
grounds-
(a) that the District Magistrate has exercised a jurisdiction not vested in him by law;
(b) that the District Magistrate has failed to exercise jurisdiction vested in him by law;
(c) tha t the Dis tri ct Mag ist rat e act ed in the exe rci se of his jur isd ict ion ill ega lly or
wit h material irregularity.
2. The rev isi ng aut hor ity may con fir m or res cin d the final ord er mad e by the Dis tri ct
Mag ist rat e or may remand the case to the Distr ict Magis trate for rehearing and pendi ng
the revisi on, may stay the operation of such order on such terms, if any, as it thinks fit.
3. Whe re an ord er und er sec tio n 16 or sec tio n 19 is res cin ded , the Dis tri ct Mag ist rat e sha ll,
on an applic ation being made to him, place the parti es' back in the posit ion, which they
would have occupied, but for the order, which is rescinded.

REGULATION AND EVICTION

A suit for the ev ic tion of a te nan t fro m a bui ldi ng afte r the det ermi nat ion of hi s tena ncy ma y
be instituted on one or more of the following grounds-
(a) that the tenant is in arrears of rent for not less than four month s and has failed to pay the
same to the landlord within one month from the date of service upon him of a notice of demand.
(b) Th at the te na nt has wil lfu ll y ca use d or per mi tt ed to be ca us ed su bst an ti al dam age to
th e building.
(c) That the tena nt has without the perm issi on in writing of the landlord , made or perm itte d
to be made any suc h con struction or str uctu ral alterat ion in the bui lding as is like ly to
dimi nish its value, or utility or to disfigure it.
(d) Tha t the ten ant has with out the cons ent in writ ing of the lan dlo rd used it for a pur pos e
oth er tha n the pur pose for whic h he was admi tted to the ten anc y of the bui lding or oth er
wise done some act which is incon sisten t with such use or has been convi cted under any
low of an offenc e of using the building or allowing it to be used for illegal or immoral purposes.
(e) That the tenan t has sub-let, in contr avent ion of the provisio ns of Secti on 25, whol e or any
part of the building;
(f) That the tena nt has reno unce d his char acter as such or deni ed the titl e of the land lord and
the landlord has not waived his right of reentry or condoned the conduct of the tenant.
(g) That the tenant was allowe d to occup y the buildi ng as part of his contra ct of emplo yment
under the landlord and his employment has ceased.
In any suit evic tion on the gro und of non paym ent of rent , if at the first hea ring of the suit the
tenant unc ond iti ona ll y pa ys or tende rs to the lan dlo rd or depos its in cou rt the ent ire amo unt
of rent and dam age s for use of bui ldi ng due fro m him tog eth er wi th the int ere st at the rat e of
nin e per cen t per annu m and landlor ds cos ts of suit in respec t ther eof, the cour t may pas s an
ord er relievi ng the tena nt against his liability for eviction on that ground.
Proceeding for release of building under occupation of tenant [S-21]:
1. The prescri bed authori ty may, on an application of the landlor d in that behalf, order the
eviction of a tenant from the building under tenancy if it is satisfied that any of the following
grounds exist-
(a) that the buildi ng is bonafi de requir ed either in its exist ing from or after demoli tion
and new co nstructi on by th e landlord for occupat ion by hi mse lf or an y membe r
of hi s fami ly, or any oth er pers on for whos e ben efit it is held by him , either for
residential purpos es or for pur poses of any pro fessio n, tra de or cal lin g or whe re
the lan dlord is trustee of a public charitable trust, for the objects of the trust.
(b ) Th at th e bu il di ng is in a di la pi da te d co nd it io n an d is re qu ir ed fo r pu rp os es
of demolition and new construction.
Th er e ar e ce rtai n con dition s re ga rd ing pr oc es sing of th e ap pli cat io n of re le ase
of building.
1. If th e bu il di ng wa s in oc cu pa ti on of a te na nt be fo re it s pu rc ha se by
th e landlord, application for release can be submitted only after three years of
such purchase and minimum six months notice is required to be given to the
tenant.
2. If suc h bui ldi ng was exc lusive ly for non -res ide nti al pur pos es the
pre scribe d author ity may award agains t the landl ord to the tenant an amount
not excee ding two years' rent as compensation, while making the order of
eviction.
3. Appli catio n for relea se shall not be entert ained for the purpo ses of a
charitable tr us t, th e ob je ct s of wh ic h pr ov id e fo r di sc ri mi na ti on in
re sp ec t of it s beneficiaries on the ground of religion, caste or place of birth.
4. App lication for releas e of any res iden tial buil ding will not be ent ertain ed for business
purposes.
5. The pr esc ri bed aut hor it y sh all ta ke into acc oun t the li kel y ha rds hip to the te na nt fr om
gr an t of th e ap pl ic at io n as ag ai ns t th e li kely ha rd sh ip to th e landlord from the refusal
of the application.
6. Where a buil ding is let-out to the State Gove rnment or to loca l auth orit y or to a Pu bl ic
Se ct or Co rp or at io n or to a re co gn iz ed ed uc at io n in st it ut io n, th e app lic ati on for
rel eas e wil l not be ent ert ain ed. The Dis tri ct Mag ist rat e may enhan ce the monthly rent
payabl e there for to a sum equiva lent to one twelft h of ten percent of the market value of the
buil ding under tena ncy. Ever y five years such enhancement may be ordered.