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10 Rent Control PDF
10 Rent Control PDF
10 Rent Control PDF
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.
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)].