Rent
Structure
under
Punjab Rent
Act, 1995
S. 6-16
JNURM requires:
•   Reducing the stringency of controls by providing for:
    a. fixation of rent either as agreed between the landlord and the
    tenant or at a level which gives a remunerative rate of return to the
    landlord;
    b. increase in rent in existing tenancies;
    c. periodic revision in rents;
    d. setting a timeframe for to bring the rent in old/existing tenancies to
    market level;
    e. clear division of maintenance responsibilities between the landlord
    and the tenant;
    f. semi-contractual tenancies (like Limited Period Tenancy) or Leave-
    and-License within the framework of the Rent Control Act;
    g. explicit provision relating to inheritability of tenancy limiting
    inheritability tospecified heirs and for a limited period; and
    h. Introduction of sunset provisions regarding inheritability of premises
    in the older areas of cities.
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What is payable under the PUNJAB
RENT ACT, 1995?
                       Rent
                       u/s 6
                       =Agreed Rent
                       Other Charges
                       u/s 7
                       • Electricity Charges,Water
                         Charges & Any charge
                         levied by local/other
                         authority which is
                         ordinarily paid by tenant
                       • Property Tax
                       • Maintenance Charges =
                         10% Rent
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Rent:
•   Agreed Rent (U/S 6) emphasis on market forces
    to determine the rent
•   No interference by the Rent Controller unlike East
    Punjab Urban Rent Restriction Act, 1949
•   Emphasis is on ‘agreement’ than ‘fairness’ as the Act
    by not conferring the power on controller has
    practically done away with the concept of ‘fair rent’
•   No ceiling fixed by Government
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Rent is not Static! Statutory increase
every year
•   Agreed rent to increase by 5% for 2 years
•   3rd year increase and thereafter= dependent upon
    CPI
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         Besides statutory increase,
         REVISION OF RENT: U/S 9
                                                  Decrease
                                                  • decrease ,
                                                    diminution or
                                                    deterioration of
                                                    accommodation
Increase @ 10% cent of cost, annually
• Expenditure for any improvement, addition or structural
  alteration
• With or without consent of tenant
• Such cost should not have taken into account while
  determining rent
• Following expenditure not to be included for revision:
  • Decoration
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  • Tenantable repairs bco’z (it’s the duty of landlord)
Procedure for revision and from
when is revised rent applicable?
•   Notice of intention to revise:
-   According to Schedule V
-   Written
-   Signed by or on behalf of landlord
-   Manner= S. 106 of TPA
•   Wef : date of improvement, addition or structural
    alteration
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Payment of Rent and other charges:
•   Time U/S 13:
-   As agreed or (if not agreed)
-   15th of next month
•   In case of default= Simple Interest @15 %p.a.
•   Mode of payment:
    •   Cash  Written receipt is must  if no receipt= Action under
        13(3)
    •   Postal Money Order
    •   Bank account, where details given by landlord
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If landlord refuses to accept the rent/ neglects
to give receipt / doubt as to whom rent payable
 Deposit of rent by tenant u/S. 14
•   Deposit +Application:
-   Premises for which rent+ charges payable 
    identification of premises
-   Period for which rent and charges are being
    deposited
-   Name and Address of landlord or person or persons
    claiming to entitled to rent and charges
-   Reasons and Circumstances for application
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                                                    Deposit of Rent and
                                                   Application by Tenant
                                                     to Rent Authority
                                                            Within 30 days of
                   Withdrawal of
                                                            receipt of notice –
                Deposit by person so
                                                          complaint- landlord                  Complaint of Tenant
                adjudicated by Rent
                                                             or other person                    : Refusal to accept
                    Authority (
                                                             entitled to rent-                     Rent though
                opportunity of being
                                                              STATEMENTS :                      tendered- Without
                heard to all persons
                                                               Reasons and                     any reasonable cause
                 named by tenant) –
                                                             Circumstances =
                     S.14 (3)
                                                                 UNTRUE
Must be withdrawn
                                FORFEITURE U/s             Opportunity of being                Opportunity of being
within 5 years (S. 16
                                16(2) and 16 (3)             heard to tenant                    heard to landlord
        (2))
                                                           Fine = 2 months rent                Fine = 2 months rent
Withdrawal is not an                                            part of it                         part of it
ADMISSION (16(1))                                            compensation to                     compensation to
                                                                 landlord                             tenant
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Pre requisites for valid Deposit :Time and
other mandatory conditions: S. 15
•   Within 21 days of due date (s. 13)
•   Mandatory intimation to landlord. Non intimation to
    render deposit INVALID
•   No false statement in tenant’s application for
    depositing the rent and other charges.
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