UTTAR PRADESH REGULATION OF URBAN PREMISES TENANCY ACT, 2021

PREAMBLE

What authorities are established under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

Rent Authority and Rent Tribunals are established under the Act.

For what purpose are Rent Authority and Rent Tribunals established under the Act?

They are established to regulate renting of premises.

Whose interests are protected under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

The interests of landlords and tenants are protected under the Act.

What kind of adjudication mechanism is provided under the Act?

A speedy adjudication mechanism for resolution of disputes is provided under the Act.

For resolution of what is speedy adjudication mechanism provided under the Act?

It is provided for resolution of disputes and matters connected therewith or incidental thereto.

Does the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 deal only with renting of premises?

No, it also deals with matters connected therewith or incidental thereto.

In which year of the Republic of India was the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 enacted?

It was enacted in the Seventy-second Year of the Republic of India.

CHAPTER 1

PRELIMINARY

What is the subject matter of Section 1 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with short title, extent, application and commencement.

What may this Act be called?

This Act may be called the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021.

To what extent does the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 extend?

It extends to the whole of Uttar Pradesh.

To every city defined under which Act does this Act apply?

It applies to every city as defined in the Uttar Pradesh Municipal Corporation Act, 1959.

To every municipal area defined under which Act does this Act apply?

It applies to every municipal area as defined in the Uttar Pradesh Municipalities Act, 1916.

To every development area notified under which Act does this Act apply?

It applies to every development area notified under the Uttar Pradesh Urban Planning and Development Act, 1973.

To every special development area notified under which Act does this Act apply?

It applies to every special development area notified under the Uttar Pradesh Special Area Development Authorities Act, 1986.

To every Industrial Development Area notified under which Act does this Act apply?

It applies to every Industrial Development Area notified under the Uttar Pradesh Industrial Area Development Act, 1976.

To every regulated area notified under which Act does this Act apply?

It applies to every regulated area notified under the Uttar Pradesh (Regulation of Building Operations) Act, 1958.

To every area relating to various housing schemes of which authority does this Act apply?

It applies to every area relating to various housing schemes of Uttar Pradesh Avas Evam Vikas Parishad constituted under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.

Under what condition may the State Government extend the application of this Act to any other local area?

If it is satisfied that it is necessary or expedient so to do in the interest of the general public residing in such area.

By what mode may the State Government extend this Act to any other local area?

By notification in the Gazette.

What may the State Government declare by notification in the Gazette under the proviso to Section 1(3)?

It may declare that this Act or any part thereof shall apply to such area.

What is the effect of Gazette notification issued under the proviso to Section 1(3)?

Thereupon this Act or part shall apply to such area.

In whose interest can the State Government extend the Act to any other local area?

In the interest of the general public residing in that local area.

From which date shall the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 be deemed to have come into force?

It shall be deemed to have come into force with effect from January 11, 2021.

What is the subject matter of Section 2 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It defines various expressions used in the Act.

When do the definitions under Section 2 apply?

They apply unless the context otherwise requires.

What does "force majeure" mean under the Act?

It means a situation of war, flood, drought, fire, cyclone, earthquake, pandemic.

What kind of calamity other than specified events may constitute force majeure under the Act?

Any other calamity caused by nature affecting the habitation of the tenant in the rented premises.

What is the essential effect required for a situation to amount to force majeure under the Act?

It must affect the habitation of the tenant in the premises let out on rent.

Who is a "landlord" under the Act?

A landlord means a person who receives or is entitled to receive the rent of any premises on his own account, if the premises were let to a tenant.

By what other names may a landlord be called under the Act?

Landowner or lessor or by any other name.

Whether a person merely entitled to receive rent is included in landlord?

Yes, a person entitled to receive rent is included in landlord.

On whose account must rent be receivable for a person to be landlord under the main definition?

On his own account.

Who are included within landlord under Section 2(b)(i)?

His successor, transferee or assignee are included.

Whether successor of landlord is included in the definition of landlord?

Yes, successor is included in landlord.

Whether transferee or assignee of landlord is included in landlord?

Yes, transferee or assignee is included in landlord.

Which fiduciary persons receiving rent on behalf of another are included in landlord?

A trustee, guardian or receiver receiving rent for any premises or entitled to so receive are included.

On whose behalf may trustee, guardian or receiver receive rent and still be landlord?

On account of or on behalf of or for the benefit of any other person.

For whose benefit may rent be received by trustee, guardian or receiver under the inclusive definition of landlord?

For the benefit of any other person such as minor or person of unsound mind who cannot enter into a contract.

What does "premises" mean under the Act?

It means any building or part of a building which is, or is intended to be, let on rent for the purpose of residence or for commercial or for educational use, except for industrial use.

For what purposes may a building be let to constitute premises under the Act?

For residence or for commercial or for educational use.

Which use is expressly excluded from the definition of premises?

Industrial use is excluded.

Whether intended letting on rent is sufficient to constitute premises?

Yes, any building or part intended to be let on rent is premises.

What appurtenant areas are included within premises under Section 2(c)(i)?

Garden, garage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such building or part of the building.

Whether vacant land appertaining to the building is included in premises?

Yes, vacant land appertaining to such building or part of the building is included.

What fittings are included within premises under Section 2(c)(ii)?

Any fitting to such building or part of the building for the more beneficial enjoyment thereof.

Which premises are expressly excluded from the definition of premises?

Premises such as hotel, lodging house, dharamshala or inn are excluded.

What does "property manager" mean under the Act?

It means a person or any legal entity who is authorized by the landlord to manage the premises and who represents the landlord in his dealings with the tenant.

Who authorizes the property manager under the Act?

The landlord authorizes the property manager.

In whose dealings does the property manager represent the landlord?

In his dealings with the tenant.

What is "Rent Authority" under the Act?

It means an officer appointed under section 30.

What is "Rent Tribunal" under the Act?

It means a Tribunal within the meaning of section 32.

What is meant by "Rent payable" in relation to any premises?

It means the rent as specified in section 8.

Who is a "Sub-tenant" under the Act?

It means a person to whom the tenant sublets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing tenancy agreement.

Whether a person to whom whole premises is sublet is a sub-tenant?

Yes, such person is a sub-tenant.

Whether a person to whom part of premises is sublet is a sub-tenant?

Yes, such person is a sub-tenant.

Can transfer or assignment of tenant's accrued rights create a sub-tenant under the Act?

Yes, transfer or assignment of rights accrued under the tenancy agreement upon supplementary agreement creates a sub-tenant.

What is "Tenancy Agreement" under the Act?

It means an agreement in writing executed between landlord and tenant for the purposes of letting the premises of landlord in consideration of rent payable.

Whether tenancy agreement must be in writing under the Act?

Yes, it must be an agreement in writing.

Between whom is a tenancy agreement executed?

Between landlord and tenant.

For what purpose is a tenancy agreement executed?

For the purpose of letting the premises of landlord in consideration of rent payable.

Who is a "Tenant" under the Act?

It means a person by whom or on whose account or on behalf of whom the rent of any premises is payable to the landlord under a tenancy agreement.

By what other name may a tenant be called under the Act?

Lessee or by any other name.

Whether a person on whose account rent is payable is included in tenant?

Yes, such person is included in tenant.

Whether a person on whose behalf rent is payable is included in tenant?

Yes, such person is included in tenant.

Whether a sub-tenant occupying the premises is included in tenant?

Yes, any person occupying the premises as a sub-tenant is included.

Whether a person continuing in possession after termination of tenancy is included in tenant?

Yes, any person continuing in possession after termination of his tenancy whether before or after commencement of this Act is included.

Does the continuation in possession after termination have to be after commencement of the Act only?

No, it may be before or after the commencement of this Act.

Who is excluded from the definition of tenant under the Act?

Any person against whom any order or decree for eviction has been made is excluded.

Whether a person against whom eviction order or decree has been made remains a tenant?

No, such person is not included in tenant.

What is the subject matter of Section 3 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with premises to which the Act does not apply and optional application by agreement.

To what does nothing in this Act apply under Section 3(1)?

Nothing in this Act shall apply to the premises specified in clauses (i) to (v).

Whether premises owned by the Central Government are covered by this Act?

No, premises owned by the Central Government are excluded from the application of this Act.

Whether premises owned by the State Government are covered by this Act?

No, premises owned by the State Government are excluded from the application of this Act.

Whether premises owned by Union Territory Administration are covered by this Act?

No, premises owned by Union Territory Administration are excluded from the application of this Act.

Whether premises owned by a Government undertaking or enterprise are covered by this Act?

No, premises owned by a Government undertaking or enterprise are excluded from the application of this Act.

Whether premises owned by a statutory body are covered by this Act?

No, premises owned by a statutory body are excluded from the application of this Act.

Whether premises owned by a Cantonment Board are covered by this Act?

No, premises owned by a Cantonment Board are excluded from the application of this Act.

Whether premises owned by a company and given on rent to its employees as part of service contract are covered by this Act?

No, such premises are excluded from the application of this Act.

Whether premises owned by a University and given on rent to its employees as part of service contract are covered by this Act?

No, such premises are excluded from the application of this Act.

Whether premises owned by an organisation and given on rent to its employees as part of service contract are covered by this Act?

No, such premises are excluded from the application of this Act.

Whether premises owned by religious institution are covered by this Act?

No, premises owned by religious institution as may be specified by notification by State Government are excluded.

Whether premises owned by charitable institution are covered by this Act?

No, premises owned by charitable institution as may be specified by notification by State Government are excluded.

By whom are religious or charitable institutions specified for exemption under Section 3(1)(iii)?

They are specified by notification by the State Government.

Whether premises owned by Auqaf registered under the Waqf Act, 1995 are covered by this Act?

No, such premises are excluded from the application of this Act.

Whether premises owned by any public trust registered under applicable law are covered by this Act?

No, such premises are excluded from the application of this Act.

Can other buildings or category of buildings be exempted from this Act?

Yes, other building or category of buildings may be specifically exempted in public interest by notification by the State Government.

In what interest can the State Government exempt other buildings or category of buildings under Section 3(1)(v)?

In public interest.

By what mode can the State Government exempt other buildings or category of buildings under Section 3(1)(v)?

By notification.

What is the effect of Section 3(2) notwithstanding sub-section (1)?

The owner and tenant of exempted premises may agree that their tenancy agreement be regulated under the provisions of this Act.

Can exempted premises be brought under this Act by agreement?

Yes, if the owner and tenant agree that the tenancy agreement be regulated under this Act.

To which exempted premises does Section 3(2) apply?

It applies to premises referred to in clauses (i) to (v) of sub-section (1).

Who may inform the Rent Authority when exempted premises are voluntarily brought under this Act?

Such landlord may inform the Rent Authority.

Of what must the landlord inform the Rent Authority under Section 3(2)?

He must inform the Rent Authority of the agreement that the tenancy be regulated under this Act.

At what time must the landlord inform the Rent Authority of such agreement?

At the time of information of the tenancy agreement under section 4.

CHAPTER-2

TENANCY

What is the subject matter of Section 4 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with tenancy agreement.

What is mandatory for letting or taking on rent any premises after commencement of this Act?

It shall be only by an agreement in writing.

Can any person let or take on rent any premises after commencement of this Act without written agreement?

No, no person shall let or take on rent any premises except by an agreement in writing.

Notwithstanding what laws does Section 4(1) operate?

Notwithstanding anything contained in this Act or any other law for the time being in force.

Who shall inform the Rent Authority of the written tenancy agreement under Section 4(1)?

The landlord and tenant jointly shall inform the Rent Authority.

In what form shall the tenancy agreement be informed to the Rent Authority under Section 4(1)?

In the form specified in the First Schedule.

Within what period shall the landlord and tenant jointly inform the Rent Authority of the tenancy agreement?

Within a period of two months from the date of tenancy agreement.

From which date is the two months period under Section 4(1) calculated?

From the date of tenancy agreement.

In which cases are landlord and tenant not required to inform the Rent Authority under the proviso to Section 4(1)?

In cases of residential tenancies for a period of less than twelve months.

Whether short residential tenancy of less than twelve months requires information to Rent Authority?

No, such tenancy need not be informed to the Rent Authority.

What happens where landlord and tenant fail to jointly inform execution of tenancy agreement under Section 4(2)?

The landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority.

Within what period shall separate information be given under Section 4(2)?

Within one month from the date of expiry of the period specified in sub-section (1).

When does the one month period under Section 4(2) begin?

It begins from the date of expiry of the two months period specified in sub-section (1).

To what tenancies does Section 4(3) relate?

It relates to tenancy created before the commencement of this Act.

What must landlord and tenant do where written agreement already existed before commencement of the Act?

They shall jointly present a copy thereof to the Rent Authority.

Within what period shall copy of pre-existing written tenancy agreement be jointly presented?

Within three months of the commencement of this Act.

What must landlord and tenant do where no written agreement existed in relation to tenancy created before commencement of this Act?

They shall enter into an agreement in writing with regard to that tenancy and present the same to the Rent Authority.

Within what period must written agreement be entered into and presented for old oral tenancy?

Within three months of the commencement of this Act.

What happens if landlord and tenant fail jointly to present copy of tenancy agreement or fail to reach agreement within specified period under Section 4(3) proviso?

Such landlord and tenant shall separately file the particulars about such tenancy with the Rent Authority.

Within what period shall separate particulars be filed under the first proviso to Section 4(3)?

Within one month from the date of expiry of period mentioned in clause (b).

In what form shall separate particulars about such tenancy be filed under the first proviso?

In the form specified in First Schedule.

What is the consequence if landlord submits his particulars within specified period but tenant fails to submit such particulars?

The landlord may file an application for eviction on this ground alone.

Can tenant's failure to submit particulars alone become a ground for eviction?

Yes, the landlord may file an application for eviction on this ground alone.

What shall the Rent Authority decide during such eviction proceedings under the second proviso?

The Rent Authority shall decide interim rent payable by the tenant during such adjudication.

Does the Rent Authority's power to decide interim rent operate notwithstanding anything contained in this Act?

Yes, it operates notwithstanding anything contained in this Act.

During what period is interim rent payable by the tenant decided by Rent Authority?

During such adjudication in the eviction proceedings.

Who shall put in place the digital platform under Section 4(4)?

The State Government.

In which language shall the digital platform be put in place under Section 4(4)?

In the Hindi or English language.

For what purpose shall the digital platform be put in place?

For enabling submissions of document in such form and manner as may be prescribed.

In what form and manner shall documents be submitted on the digital platform?

In such form and manner as may be prescribed.

What shall the Rent Authority do after receiving information about execution of tenancy agreement along with documents specified in the First Schedule?

It shall provide a unique identification number to the parties.

What documents must accompany information about execution of tenancy agreement for grant of unique identification number?

The documents specified in the First Schedule.

To whom does the Rent Authority provide unique identification number under Section 4(5)?

To the parties.

How shall the terms of authorization of the property manager by the landlord to deal with the tenant be determined?

They shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement.

Is authorization of property manager independently fixed by statute under Section 4(6)?

No, it shall be as agreed to by the landlord and tenant in the tenancy agreement.

Between whom must there be agreement regarding terms of authorization of property manager?

Between landlord and tenant.

What is the evidentiary value of information provided under sub-sections (1), (2) and (3)?

It shall be conclusive proof of the facts relating to tenancy and matters connected therewith.

Information under which sub-sections shall be conclusive proof of tenancy facts?

Information under sub-sections (1), (2) and (3).

Conclusive proof of what is created by the information provided under Section 4?

Conclusive proof of the facts relating to tenancy and matters connected therewith.

What is the consequence in the absence of any statement of information under Section 4(7)?

The landlord may file an application for eviction on this ground alone.

Can absence of statement of information alone be a ground for eviction?

Yes, the landlord may file an application for eviction on this ground alone.

What is the subject matter of Section 5 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with period of tenancy and renewal or extension thereof.

For what period shall every tenancy entered into after commencement of this Act be valid?

It shall be valid for a period as agreed upon between the landlord and the tenant and as specified in the tenancy agreement.

How is the validity period of post-Act tenancy determined?

By the period agreed upon between landlord and tenant and specified in the tenancy agreement.

Can the tenant request renewal or extension of tenancy under Section 5(2)?

Yes, the tenant may request the landlord for renewal or extension of the tenancy.

Within what period may the tenant request renewal or extension of tenancy?

Within the period agreed to in the tenancy agreement.

What is necessary for renewal or extension of tenancy under Section 5(2)?

It must be agreeable to the landlord.

What follows if the landlord agrees to renewal or extension of tenancy?

The tenant may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.

Whether renewal under Section 5(2) is automatic on tenant's request?

No, it is subject to agreement of the landlord.

On what basis is the new tenancy agreement entered upon renewal?

On mutually agreed terms and conditions.

What happens where a tenancy for a fixed term ends and has not been renewed?

Such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23.

What happens where the tenant fails to vacate the premises at the end of fixed term tenancy?

Such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23.

Under which section is enhanced rent payable on overstay after fixed term tenancy?

Under section 23.

Does liability to pay enhanced rent arise both on non-renewal and failure to vacate?

Yes, it arises where tenancy has not been renewed or tenant fails to vacate at the end of such tenancy.

What is the effect of force majeure on expiry of tenancy under the proviso to Section 5(3)?

The landlord shall allow the tenant to continue in possession for a limited further period.

At what time must the term of tenancy expire for the proviso to Section 5(3) to apply?

It must expire at a time when the locality where the rented premises is situated is affected by any disastrous event of force majeure.

Is tenant's continuation during force majeure automatic under the proviso?

No, it is subject to requisition by the tenant.

Upon whose requisition does the landlord have to allow continued possession during force majeure?

Upon requisition by the tenant.

For how long shall the landlord allow the tenant to continue in possession during force majeure?

Till a period of one month from the date of cessation of such disastrous event.

From which date is the one month continuation period during force majeure counted?

From the date of cessation of such disastrous event.

On what terms shall the tenant continue in possession during force majeure extension?

On the same terms and conditions of the tenancy agreement already entered into

What is the subject matter of Section 6 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with rights and obligations of successor in case of death.

Are the terms of agreement executed between landlord and tenant binding upon their successors?

Yes, they shall be binding upon their successors in the event of the death of the landlord or tenant.

On what event do the terms of tenancy agreement become binding upon successors?

On the death of the landlord or tenant, as the case may be.

What rights does the successor of deceased landlord or tenant have under Section 6(1)?

The successor shall have the same rights as agreed to in the tenancy agreement for the remaining period of such tenancy.

What obligations does the successor of deceased landlord or tenant have under Section 6(1)?

The successor shall have the same obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.

On whom does right of residential tenancy devolve in the event of death of a tenant?

It devolves on his successors for the remaining period of tenancy.

Who is the first listed successor for residential tenancy devolution under Section 6(2)?

Spouse.

Whether son or daughter succeeds residential tenancy on death of tenant?

Yes, son or daughter or both of them succeed for the remaining period of tenancy.

Whether parents are included among successors for residential tenancy?

Yes, parents are included among successors.

Whether daughter-in-law being widow of pre-deceased son is included among successors?

Yes, such daughter-in-law is included among successors.

Whether widowed or divorced sister is included among successors of residential tenancy?

Yes, widowed or divorced sister is included.

What is the condition for a successor to inherit residential tenancy under the proviso to Section 6(2)?

The successor must have ordinarily been living in the premises with the deceased tenant up to the date of his death.

Can a listed successor who was not ordinarily living with the deceased tenant claim residential tenancy?

No, ordinary residence with the deceased tenant up to the date of death is necessary.

On whom does right of non-residential tenancy devolve on death of tenant?

It devolves on the person who has succeeded the business of deceased tenant.

Who may apply for substitution under Section 6(4)?

The heirs or legal representatives, the claimants-occupants or any person who was a party to any proceedings under this Act and died during pendency.

Within what period shall application for substitution be preferred?

Within one month from the date of the death of such person.

From which date is limitation for substitution application counted?

From the date of death of such person.

What particulars shall substitution application contain under Section 6(5)?

It shall contain the names and addresses and other details of the heirs or legal representatives and their relationship with the deceased.

What document must accompany the substitution application?

An affidavit in its support.

Who decides the substitution application?

The Rent Authority or Rent Tribunal, as the case may be.

How shall substitution application be decided?

After a summary inquiry.

What is the duty of a pleader on coming to know of the death of his party?

He shall inform the Rent Authority or Rent Tribunal about it.

What shall the Rent Authority or Rent Tribunal do after being informed of death by pleader?

It shall give notice of such death to the other party.

For what purpose is the contract between pleader and deceased party deemed to subsist?

For the purpose of informing the Rent Authority or Rent Tribunal and enabling notice of such death to the other party.

What is the subject matter of Section 7 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with restriction on sub-letting.

Can a tenant sub-let the whole or part of premises after commencement of this Act without supplementary agreement?

No, no tenant shall sub-let whole or part of the premises except by entering into a supplementary agreement to the existing tenancy agreement.

Can a tenant transfer or assign his rights in the tenancy agreement without supplementary agreement?

No, no tenant shall transfer or assign his rights in the tenancy agreement or any part thereof except by entering into a supplementary agreement.

What is mandatory before sub-letting by tenant under Section 7(1)?

Entering into a supplementary agreement to the existing tenancy agreement.

What is mandatory before transfer or assignment of tenant's rights under Section 7(1)?

Entering into a supplementary agreement to the existing tenancy agreement.

Who shall jointly inform the Rent Authority about sub-tenancy under Section 7(2)?

The landlord and tenant jointly shall inform the Rent Authority.

Within what period shall sub-tenancy be informed to the Rent Authority?

Within a period of two months from the date of execution of such agreement.

From which date is the two months period under Section 7(2) counted?

From the date of execution of such supplementary agreement.

In what form shall information regarding sub-tenancy be given?

In the form specified in the First Schedule.

CHAPTER 3

RENT

What is the subject matter of Section 8 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with rent payable.

What shall be the rent payable in respect of a premises under Section 8?

It shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement or as revised under section 9 or determined under section 10.

Between whom is rent payable agreed under Section 8?

Between the landlord and the tenant.

In accordance with what shall agreed rent be payable under Section 8?

In accordance with the terms of the tenancy agreement.

Can rent payable also be rent revised under section 9?

Yes, rent payable may be as revised under section 9.

Can rent payable also be rent determined under section 10?

Yes, rent payable may be as determined under section 10.

What is the subject matter of Section 9 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with revision of rent.

In accordance with what shall revision of rent between landlord and tenant be made under Section 9(1)?

In accordance with the terms of the tenancy agreement.

Between whom is revision of rent governed under Section 9(1)?

Between the landlord and the tenant.

Under what circumstances may landlord increase the rent under Section 9(2)?

Where after commencement of tenancy the landlord has entered into an agreement in writing with the tenant prior to commencement of the work and has incurred expenditure for carrying out improvement, addition or structural alteration in the premises occupied by the tenant.

What kind of prior agreement is necessary before increase of rent under Section 9(2)?

An agreement in writing with the tenant prior to the commencement of the work.

For what type of work can expenditure justify increase of rent under Section 9(2)?

Improvement, addition or structural alteration in the premises occupied by the tenant.

Which work is expressly excluded from Section 9(2) rent increase?

Repairs necessary to be carried out under section 15 are excluded.

By how much may the landlord increase the rent under Section 9(2)?

By an amount as agreed to between the landlord and the tenant.

From when does increase in rent under Section 9(2) become effective?

From one month after the completion of such work.

To which premises does Section 9(3) apply?

It applies to premises let out before the commencement of this Act.

Subject to what is rent revision under Section 9(3) made?

Subject to any agreement in writing.

For what further period shall rent of premises let before commencement of this Act be liable to be revised?

For a further period of two years from the commencement of this Act.

How are premises let out prior to 15-07-1972 treated for rent revision formula?

They shall be deemed to have been let out on 15-07-1972.

What is the deemed letting date for premises let out before 15-07-1972?

15-07-1972.

What is the date for revision of rent where premises have been let out on or after 15-07-1972?

One year after the date of commencement of tenancy.

At what rate is rent liable to be increased per annum in case of residential accommodation?

At the rate of 5% per annum.

At what rate is rent liable to be increased per annum in case of non-residential premises?

At the rate of 7% per annum.

On what basis is the rate of increase of rent compounded under Section 9(3)?

On a yearly basis.

Up to what point shall the compounded increase continue under Section 9(3)?

Up to the commencement of this Act.

What happens if rent of premises had been revised during continuance of tenancy after 15-07-1972?

The formula of revision of rent shall be applicable from the date of such revision of rent.

From which date will revision formula apply if rent was already revised after 15-07-1972?

From the date of such revision of rent.

How much of the computed revised rent is payable in the first year from commencement of this Act?

Half of the rent so computed.

How much of the computed revised rent is payable in the second year from commencement of this Act?

Full amount of rent so computed.

Does the proviso stagger payment of revised rent under Section 9(3)?

Yes, half in the first year and full in the second year from commencement of this Act.

What is provided under Section 9(4) notwithstanding Section 3(1)?

The landlord of premises referred to therein which has been let out to a tenant shall also be entitled for revision of rent in accordance with sub-section (3) and the relevant provisions of this Act shall apply.

Whether landlord of exempted premises referred to in Section 3(1) is entitled to revision of rent if such premises has been let out?

Yes, such landlord shall also be entitled for revision of rent in accordance with sub-section (3).

In accordance with which provision shall rent of premises referred to in Section 3(1) be revised under Section 9(4)?

In accordance with provisions of sub-section (3).

Do relevant provisions of this Act apply to revision of rent under Section 9(4)?

Yes, the relevant provisions of this Act shall apply to such cases.

What must the landlord do in case of tenancy entered into before commencement of this Act for claiming enhanced rent?

The landlord shall by notice in writing to the tenant demand the enhanced rate of rent as specified under sub-section (3).

By what mode shall enhanced rent be demanded under Section 9(5)?

By notice in writing to the tenant.

Which enhanced rate of rent may be demanded under Section 9(5)?

The enhanced rate of rent as specified under sub-section (3).

Within what period shall the enhanced rate of rent demanded under Section 9(5) be payable?

Within 30 days of the service of notice.

From which date is the 30 days period under Section 9(5) counted?

From the service of notice.

What is the effect on tenancy agreement when enhanced rent is demanded under Section 9(5)?

The tenancy agreement shall be deemed to be amended.

After deemed amendment under Section 9(5), what shall be the rent payable under section 8?

The enhanced rate of rent shall be the rent payable under section 8.

What if there was no tenancy agreement before commencement of this Act regarding enhanced rent?

The landlord and the tenant may mutually agree to execute tenancy agreement for enhanced rate of rent.

What happens if landlord and tenant fail to mutually agree to execute tenancy agreement for enhanced rate of rent?

The Rent Authority shall determine the enhanced rent subject to the provisions of section 10.

Who determines enhanced rent in absence of mutual agreement where there was no earlier tenancy agreement?

The Rent Authority.

Subject to which section shall the Rent Authority determine enhanced rent under the proviso to Section 9(5)?

Subject to the provisions of section 10.

Are arrears of enhanced rent payable for the period prior to commencement of this Act?

No, no arrears of aforesaid enhanced rent shall be payable for the period prior to commencement of this Act.

Can arrears of enhanced rent for period prior to commencement of this Act be recovered?

No, such arrears shall not be recoverable.

What is the subject matter of Section 10 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with the rent authority to determine the revised rent in case of dispute.

In what situation may the Rent Authority determine revised rent under Section 10(1)?

In case of any dispute between the landlord and the tenant regarding revision of rent.

On whose application may the Rent Authority act under Section 10(1)?

On an application made by the landlord or tenant.

Can both landlord and tenant move the Rent Authority under Section 10(1)?

Yes, either the landlord or the tenant may make the application.

What may the Rent Authority determine under Section 10(1)?

The revised rent and other charges payable by the tenant.

What additional power does the Rent Authority have while determining revised rent?

It may also fix the date from which such revised rent becomes payable.

By what standard may the Rent Authority be guided in determining revised rent?

By the prevailing market rent in the surrounding areas let out on rent.

Which market is relevant for guidance under Section 10(2)?

The prevailing market rent in the surrounding areas let out on rent.

Can a fresh application for determination be filed immediately after one determination under Section 10?

No, no application for fresh determination shall lie for one year after the said determination.

What is the bar period for filing fresh determination application under Section 10(3)?

One year after the said determination.

Can the Rent Authority determine provisional rent during pendency of revision proceedings?

Yes, the Rent Authority may determine provisional rent during the proceedings for revision of rent.

To what is provisional rent under Section 10(4) subject?

It is subject to final determination.

What is the subject matter of Section 11 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with security deposit.

How shall the security deposit to be paid by the tenant in advance be determined?

It shall be such as may be agreed upon between the landlord and the tenant in the tenancy agreement.

Between whom is advance security deposit agreed under Section 11(1)?

Between the landlord and the tenant in the tenancy agreement.

What is the maximum security deposit in case of residential premises?

It shall not exceed two months' rent.

What is the maximum security deposit in case of non-residential premises?

It shall not exceed six months' rent.

When shall the security deposit be refunded to the tenant?

On the date of taking over vacant possession of the premises from the tenant.

What can be deducted before refund of security deposit?

Due deduction of any liability of the tenant.

Is refund of security deposit absolute without deductions?

No, it is after making due deduction of any liability of the tenant.

CHAPTER 4

RIGHTS AND OBIGATIONS OF THE LANDLORD AND THE TENANT

What is the subject matter of Section 12 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with original tenancy agreement to be retained by the landlord and tenant.

How shall the tenancy agreement be signed under Section 12?

It shall be signed in duplicate by both the landlord and the tenant.

By whom shall the tenancy agreement be signed in duplicate?

By both the landlord and the tenant.

How many original signed tenancy agreements are to be retained under Section 12?

One each of such original signed tenancy agreement shall be retained by the landlord and the counterpart by the tenant.

Who shall retain one original signed tenancy agreement?

The landlord.

Who shall retain the counterpart of such agreement?

The tenant.

What is the subject matter of Section 13 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with payment of rent and other charges payable and receipt for payment thereof.

Within what period shall every tenant pay rent and other charges payable?

Within such period as agreed to in the tenancy agreement.

What payments are covered under Section 13(1)?

Rent and other charges payable.

Who shall provide receipt on receiving payment towards rent and other charges?

Every landlord or his property manager shall provide receipt.

From whom must payment be received for issuance of receipt under Section 13(2)?

From the tenant.

When shall the landlord or property manager provide receipt?

Forthwith against acknowledgement.

What kind of receipt shall be provided under Section 13(2)?

A duly signed receipt for the amount received by him.

For what amount is receipt to be given under Section 13(2)?

For the amount received towards rent and other charges payable within the stipulated period as in the tenancy agreement.

What is conclusive proof of payment where rent or other charges are paid through electronic mode?

The bank acknowledgement thereof.

Whether bank acknowledgement is conclusive proof when payment is made electronically?

Yes, the bank acknowledgement thereof is conclusive proof of such payment.

By what modes may tenant remit rent or other charges to landlord under the second proviso?

By cash, cheque, bank draft, postal money order or by any other mode recognized by law.

Is electronic mode the only permissible mode of payment under Section 13?

No, payment may also be made by cash, cheque, bank draft, postal money order or any other mode recognized by law.

What is the subject matter of Section 14 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with deposit of rent with the Rent Authority.

What may the tenant do if the landlord refuses to accept rent and other charges payable?

The tenant shall pay the same to the landlord by postal money order or any other prescribed method consecutively for two months.

What may the tenant do if the landlord refuses to give a receipt?

The tenant shall pay the rent and other charges to the landlord by postal money order or any other prescribed method consecutively for two months.

For how long must rent and other charges be tendered by postal money order or other prescribed method before deposit with Rent Authority?

Consecutively for two months.

When may the tenant deposit rent and other charges with the Rent Authority under Section 14(1)?

If the landlord refuses to accept the rent and other charges within such period of two months.

In what manner may tenant deposit rent and other charges with the Rent Authority?

In such manner as may be prescribed.

What must accompany the deposit under Section 14(2)?

An application by the tenant.

What shall the tenant specify regarding premises in the deposit application?

The premises for which the rent and other charges are deposited along with a description sufficient for identifying the premises.

What shall the tenant specify regarding period in the deposit application?

The period for which the rent and other charges payable are deposited.

What shall the tenant specify regarding landlord in the deposit application?

The name and address of the landlord or the person or persons claiming to be entitled to such rent and other charges payable.

What shall the tenant state regarding cause of deposit in the application?

The reasons and circumstances for which the application for depositing the rent and other payable charges is made.

Can the deposit application contain other particulars?

Yes, such other particulars as may be necessary.

When may the tenant directly deposit rent with the Rent Authority under Section 14(3)?

Where the tenant is unable to decide as to whom the rent is payable during the period of tenancy agreement.

What inability of tenant justifies deposit under Section 14(3)?

Inability to decide as to whom the rent is payable.

What shall the Rent Authority do where rent is deposited under Section 14(3)?

It shall enquire the case as to whom the rent is payable and pass orders as it may deem fit on the basis of the facts of the case.

On what basis shall the Rent Authority pass orders under Section 14(4)?

On the basis of the facts of the case.

Does withdrawal of deposited rent and other charges by landlord itself operate as admission against him?

No, withdrawal shall not by itself operate as an admission against the landlord or any other claim made by the tenant.

Up to what extent can landlord withdraw deposited amount without admission under Section 14(5)?

To the extent of rent agreed upon under the tenancy agreement.

What is the subject matter of Section 15 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with repair and maintenance of premises.

Notwithstanding what does Section 15(1) operate?

Notwithstanding any agreement in writing to the contrary.

In what condition shall the landlord and tenant keep the premises?

In as good a condition as at the commencement of the tenancy, except for normal wear and tear.

What exception is recognized while keeping premises in good condition?

Normal wear and tear.

How are repair and maintenance responsibilities of landlord and tenant determined under Section 15(1)?

As specified in the Second Schedule or as agreed to in the tenancy agreement.

Who is responsible to repair and maintain the premises under Section 15(1)?

The landlord and the tenant respectively as specified in the Second Schedule or tenancy agreement.

How are responsibilities for common facilities shared among tenants or with landlord determined?

Such responsibilities shall be as may be specified in the tenancy agreement.

What may the landlord do if the tenant fails or refuses to carry out repairs under Section 15(3)?

The landlord may carry out the repairs and deduct the amount incurred from the security deposit.

What happens to the amount deducted from security deposit by landlord for repairs?

The amount so deducted shall be paid by the tenant within one month of the issue of notice by the landlord.

Within what period shall tenant repay deducted repair amount to landlord?

Within one month of the issue of notice by the landlord.

What if the cost of repairs carried out by landlord exceeds the security deposit?

The tenant shall be liable to pay the excess cost including the security deposit so deducted to the landlord within one month of notice.

Within what time shall tenant pay excess repair cost over security deposit?

Within one month of the issue of notice by the landlord.

What may the tenant do if the landlord refuses to carry out repairs under Section 15(4)?

The tenant may carry out such repairs and deduct the expenditure incurred from the rent to be paid for the succeeding months.

From what may tenant deduct repair expenditure when landlord refuses repairs?

From the rent to be paid for the succeeding months.

What is the maximum deduction from rent in any one month for tenant-carried repairs?

It shall not exceed fifty per cent of the agreed rent for a month.

Can tenant deduct more than half of monthly agreed rent towards repair expenditure in one month?

No, deduction shall not exceed fifty per cent of the agreed rent for a month.

When may the tenant abandon the premises under Section 15(5)?

Where the premises is uninhabitable without repairs and the landlord refuses to carry out the required repairs after being called upon by the tenant in writing.

What prior step is necessary before tenant abandons uninhabitable premises under Section 15(5)?

The tenant must call upon the landlord in writing to carry out the repairs.

How much notice must tenant give before abandoning the premises under Section 15(5)?

Fifteen days' notice in writing.

When shall the landlord not charge rent from the tenant under Section 15(6)?

Where the premises becomes uninhabitable due to an event of force majeure or the tenant is unable to reside due to occurrence of such event, until the premises is restored by the landlord to be inhabitable.

Till when is rent not chargeable under Section 15(6)?

Until the said premises is restored by the landlord to be inhabitable.

Can landlord charge rent during force majeure un inhabitability?

No, the landlord shall not charge rent until restoration of habitability.

When shall security deposit and advance rent be refunded by landlord under the proviso to Section 15(6)?

Where the rented premises becomes uninhabitable and the landlord fails to carry out required repairs to make it inhabitable or the premises could not be made inhabitable.

Within what period shall security deposit and advance rent be refunded under the proviso to Section 15(6)?

Within fifteen days of the expiry of the notice period.

Can landlord make deductions while refunding security deposit and advance rent under the proviso?

Yes, after making due deduction of liability of the tenant, if any.

What is the subject matter of Section 16 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with obligations of tenant to look after premises.

What shall the tenant not do to the premises during subsistence of tenancy?

The tenant shall not intentionally or negligently damage the premises or permit such damage.

Can the tenant permit intentional or negligent damage to the premises?

No, the tenant shall not permit such damage.

What must the tenant do on occurrence of any damage to the premises?

The tenant shall inform the landlord in writing of any damage.

In what mode shall the tenant inform the landlord of any damage?

In writing.

What degree of care must the tenant take of the premises and its contents?

The tenant shall take reasonable care of the premises and its contents including its fitting and fixtures.

What all are included in the tenant's duty of reasonable care under Section 16(c)?

The premises and its contents including its fitting and fixtures.

How shall the tenant keep the premises under Section 16(c)?

The tenant shall keep it reasonably habitable having regard to its condition at the commencement of tenancy and the normal incidence of living.

Having regard to what factors shall the premises be kept reasonably habitable?

Its condition at the commencement of tenancy and the normal incidence of living.

What is the subject matter of Section 17 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with right into premises.

Who may enter the premises let out on rent under Section 17(1)?

Every landlord or the property manager.

What is mandatory before landlord or property manager enters the rented premises?

Serving a notice in writing or through electronic mode to the tenant at least twenty four hours before the time of entry.

In what modes may notice of entry be served under Section 17(1)?

In writing or through electronic mode.

How much prior notice must be served before entry into rented premises?

At least twenty four hours before the time of entry.

For what purpose may landlord enter to carry out work under Section 17(1)(a)?

To carry out repairs or replacement or to do or to get work done in the premises.

Can landlord enter for inspection of habitability?

Yes, to carry out an inspection of the premises for determining whether premises are in a habitable state.

For what purpose may landlord inspect the premises under Section 17(1)(b)?

For determining whether premises are in a habitable state.

Can landlord enter for causes other than repairs and inspection?

Yes, for any other reasonable cause for entry specified in the tenancy agreement.

What particulars must the notice under Section 17(2) specify?

The day, time and reason for entry.

At what time is entry into rented premises prohibited under the first proviso?

No person shall enter the premises before sunrise and after sunset.

Can landlord enter the premises before sunrise or after sunset after giving notice?

No, entry before sunrise and after sunset is prohibited.

When can landlord enter rented premises without prior notice to the tenant?

In case of emergent situations like war, flood, fire, cyclone, earthquake or any other natural calamity which may affect that premises.

Does Section 17 require prior notice even in emergent situations?

No, landlord may enter without prior notice in emergent situations.

What kind of emergent situations permit entry without prior notice?

War, flood, fire, cyclone, earthquake or any other natural calamity affecting the premises.

What is the subject matter of Section 18 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with information to property manager.

When is the landlord required to provide information under Section 18?

In case the landlord has engaged a property manager.

To whom shall the landlord provide information regarding property manager?

To the tenant.

What name must the landlord provide to the tenant under Section 18(a)?

The name of the property manager.

What proof regarding property manager must the landlord provide under Section 18(b)?

Proof that such property manager is authorized by the landlord.

What authorization details must be disclosed under Section 18(c)?

The specific purposes for which the property manager has been authorized by the landlord and the period of such authorization.

Must the landlord disclose the period of authorization of property manager?

Yes, the period of such authorization must be provided.

What additional particulars are required if the property manager is a legal entity?

The name of the entity and the person authorized in this behalf by that legal entity who may be contacted in relation to the tenancy agreement.

Who may be contacted in relation to tenancy agreement where property manager is a legal entity?

The person authorized in this behalf by that legal entity.

What is the subject matter of Section 19 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with duties of property manager and violation of his duties.

What is the first duty of the property manager under Section 19(1)?

To collect rent against receipt.

What repair duty is imposed upon property manager under Section 19(1)(b)?

To do essential repairs on behalf of the landlord.

What inspection duty is imposed upon property manager?

To inspect the premises from time to time.

For what purpose may the property manager give notice regarding maintenance?

For proper maintenance of the premises.

For what purpose may the property manager give notice regarding rent payment?

For delay in payment of rent.

For what purpose may the property manager give notice regarding rent amount?

For revision of rent.

For what purpose may the property manager give notice regarding possession?

For vacation of premises.

For what purpose may the property manager give notice regarding continuation of tenancy?

For renewal of tenancy.

What dispute resolution role is assigned to the property manager?

To help in resolution of disputes amongst tenants.

How shall the property manager act in any other matters relating to tenancy?

Only on the instructions of the landlord.

When may the Rent Authority interfere against a property manager under Section 19(2)?

Where the property manager acts in contravention of sub-section (1) or against the instructions of the landlord.

On whose application may action be taken against property manager under Section 19(2)?

On an application made by the landlord or tenant.

What action may the Rent Authority take against a contravening property manager?

It may remove the property manager.

What monetary action may the Rent Authority take against the property manager?

It may impose such costs on the property manager so as to compensate any loss incurred by the landlord or tenant.

To compensate whose loss may costs be imposed on property manager?

Loss incurred by the landlord or tenant due to such contravention.

What is the subject matter of Section 20 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with withholding of essential supply or service.

What is prohibited to landlord or property manager under Section 20(1)?

No landlord or property manager shall withhold any essential supply or service in the premises occupied by the tenant.

Can landlord or property manager withhold essential supply through any other person?

No, neither by himself nor through any other person.

Who may apply to the Rent Authority on withholding of essential supply?

The tenant may apply.

What may the Rent Authority do on tenant's application under Section 20(2)?

It may pass an interim order directing restoration of supply of essential services immediately on service of such order.

Against whom may interim restoration order be directed?

Against landlord or property manager, as the case may be.

Pending what does the Rent Authority pass interim restoration order?

Pending the inquiry referred to in sub-section (3).

What shall the Rent Authority do after receiving tenant's application under Section 20(2)?

It shall conduct an inquiry in respect of the application.

Within what period shall inquiry under Section 20(3) be completed?

Within one month of filing of such application.

From which date is one month for inquiry completion counted?

From the filing of such application.

What must be given before awarding compensation under Section 20(4)?

A reasonable opportunity of being heard.

How much compensation may the Rent Authority award under Section 20(4)?

Compensation not exceeding two months' rent.

By whom is compensation under Section 20(4) payable?

By the person responsible for withholding the essential supply.

For what purpose is compensation awarded under Section 20(4)?

To compensate the loss incurred.

What may the Rent Authority do if the tenant's application is frivolous or vexatious?

It may levy a penalty of a sum not exceeding twice the monthly rent to the tenant.

What is the maximum penalty on tenant for frivolous or vexatious application under Section 20(5)?

A sum not exceeding twice the monthly rent.

What does essential services include for the purposes of Section 20?

Supply of water, electricity, piped cooking gas supply, lights in passages, lifts, staircase, conservancy, parking, communication links and sanitary services.

Is parking included within essential services under Section 20?

Yes, parking is included within essential services.

Are communication links included within essential services under Section 20?

Yes, communication links are included within essential services.

CHAPTER-5

PROTECTION OF TENANT AGAINST EVICTION, RECOVERY OF POSSESSION OF PREMISES BY LANDLORD

What is the subject matter of Section 21 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with restriction on eviction during continuance of tenancy and special condition for purchaser-landlord.

Can a tenant be evicted during continuance of tenancy agreement?

No, a tenant shall not be evicted during the continuance of tenancy agreement except as provided in sub-section (2) or section 22 or otherwise agreed to in writing.

What is one exception to the bar on eviction during continuance of tenancy?

Where otherwise agreed to in writing by the landlord and tenant.

Under which statutory provisions can eviction during continuance of tenancy still take place?

In accordance with sub-section (2) or in accordance with section 22.

What condition applies where landlord has acquired premises by sale deed after commencement of this Act?

No application for recovery of possession shall be made under this section unless one year has elapsed from acquisition or expiry of tenancy agreement between erstwhile landlord and tenant, whichever is earlier.

What is the first alternative time condition for purchaser-landlord to apply for recovery of possession?

Elapse of one year from the date of such acquisition.

What is the second alternative time condition for purchaser-landlord to apply for recovery of possession?

Expiry of tenancy agreement executed between the erstwhile landlord and the tenant.

Which of the two time conditions governs purchaser-landlord's application under the first proviso?

Whichever is earlier.

What prior occupation condition is necessary for application of the first proviso to Section 21(1)?

The premises must have been in occupation of a tenant since before its purchase.

By what mode must the landlord have acquired the premises for the first proviso to apply?

By sale deed after the commencement of this Act.

What must the purchaser-landlord do after acquisition of the premises under the second proviso?

He shall intimate to the tenant in possession.

Within what period shall purchaser-landlord intimate the tenant in possession of acquisition?

Within one month of such acquisition.

What authority may make an order for eviction and recovery of possession under Section 21(2)?

The Rent Authority.

On whose application may the Rent Authority make an order for eviction under Section 21(2)?

On an application made by the landlord.

In what manner shall landlord make application for eviction under Section 21(2)?

In such manner as may be prescribed.

On what ground can eviction be sought where tenant does not agree to pay rent payable under section 8?

That the tenant does not agree to pay the rent payable under section 8.

What default in payment under Section 21(2)(b) constitutes a ground of eviction?

The tenant has not paid arrears of rent and other charges payable in full for two consecutive months including interest for delayed payment within one month from service of notice of demand.

How many consecutive months' arrears trigger eviction under Section 21(2)(b)?

Two consecutive months.

What additional amount besides arrears must be paid to avoid eviction under Section 21(2)(b)?

Interest for delayed payment as may be specified in the tenancy agreement.

Within what period must arrears and interest be paid after service of notice of demand?

Within one month from the date of service of notice of demand.

To whom must notice of demand for arrears be given under Section 21(2)(b)?

To the tenant for payment of such arrears of rent and other charges payable to the landlord.

What special substitution applies to armed forces tenant under the proviso to clause (b)?

The words "two months" shall be deemed substituted by the words "one year".

Under what condition does the armed forces proviso apply to tenant?

When prescribed authority under the Indian Soldiers (Litigation) Act, 1925 issues certificate that he is serving under special conditions.

Does the armed forces proviso also apply to heirs?

Yes, where such tenant has died by enemy action while so serving, it applies in relation to his heirs.

What is an eviction ground relating to parting with possession under clause (c)?

That the tenant has after commencement of this Act parted with possession of whole or any part of the premises without obtaining written consent of the landlord.

What additional condition applies where tenant is a firm under proviso to clause (c)?

Prior endorsement of landlord in writing must be obtained in case of change of proprietor or partners of firm or its nature of business.

What is the eviction ground relating to misuse of premises under clause (d)?

That the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse.

What amounts to misuse of premises under Explanation to clause (d)?

Encroachment of additional space, use for a purpose other than permitted in tenancy agreement, use causing public nuisance, causing damage to property, detrimental to landlord's interest, or use for immoral or illegal purposes.

Can encroachment of additional space by tenant amount to misuse of premises?

Yes, it is misuse of premises.

Can use of premises for immoral or illegal purposes amount to misuse?

Yes, it is misuse of premises.

What is the eviction ground under clause (e) relating to repairs or rebuilding?

That it is necessary for the landlord to carry out repair, construction, rebuilding, addition, alteration or demolition which is not possible without the premises being vacated.

When may tenant reoccupy premises after eviction under clause (e)?

Only when mutually agreed between landlord and tenant and a new tenancy agreement has been submitted with the Rent Authority.

Can tenant reoccupy after clause (e) eviction without submission of mutual tenancy agreement?

No, tenant shall not be allowed to reoccupy in absence of submission of such mutual tenancy agreement with the Rent Authority.

Can tenant reoccupy where he has been evicted under the orders of a Rent Authority?

No, tenant shall not be allowed to reoccupy the premises.

What is the eviction ground under clause (f) relating to change of land use?

That the premises is required for repairs, construction, rebuilding, additions, alterations or demolition for change of its use as a consequence of change of land use by the competent authority.

Who is competent authority for purposes of clause (f)?

Municipal Corporation or Municipality or Development Authority or any other authority providing permission relating to repair, redevelopment, demolition or change in land use.

What is the eviction ground under clause (g) based on tenant's notice to vacate?

That the tenant gave written notice to vacate and in consequence the landlord contracted to sell the premises or took any other step causing serious prejudice if possession is not delivered.

What is the eviction ground under clause (h) regarding structural changes?

That the tenant has carried out structural change or erected any permanent structure without the written consent of the landlord.

What is the eviction ground under clause (i) regarding Section 7 violation?

That the tenant has sub-let whole or part of the premises or transferred or assigned his rights in violation of section 7.

What is the eviction ground under clause (j) regarding expiry of tenancy?

That the tenancy stands determined by efflux of time.

What is the eviction ground under clause (k) regarding occupation by outsiders?

That the tenant has allowed the premises to be occupied by any person who is not a member of his family.

Who are included in family for purposes of clause (k)?

Spouse, male lineal descendants, such parents, grandparents, any unmarried, widowed, divorced, judicially separated daughter, daughter of a male descendant or widowed daughter-in-law normally residing with him or her.

What is the eviction ground under clause (l) regarding tenant's effects?

That the tenant has substantially removed his effects from the premises.

What is the eviction ground under clause (m) regarding landlord's occupation?

That the premises are required by landlord either in its existing form or after demolition and new construction for the purpose of its occupation by landlord.

What is the effect of Section 21(3) regarding eviction for non-payment under clause (b)?

No order for eviction shall be made if the tenant makes payment to the landlord or deposits with the Rent Authority the arrears of rent and other payable charges including interest within one month from service of demand notice.

How can tenant avoid eviction under Section 21(2)(b)?

By making payment to the landlord or depositing with the Rent Authority the arrears of rent and other payable charges including interest within one month from service of demand notice.

How may the tenant avail relief under Section 21(3)?

By making payment to the landlord or by depositing with the Rent Authority the arrears of rent and other payable charges including interest.

What all amounts must be cleared by tenant to avoid eviction under Section 21(3)?

Arrears of rent, other payable charges, if any, and interest.

Within what period must payment or deposit be made for availing Section 21(3) relief?

Within one month from the date of service of the said demand notice.

From which date is the one month period under Section 21(3) computed?

From the date of service of the demand notice upon the tenant.

Can eviction still be ordered if tenant clears arrears and interest within one month?

No, no order for eviction shall be made.

When does tenant lose entitlement to relief under Section 21(3)?

When the tenant fails to pay the rent consecutively for two months subsequent to grant of such relief in any one year.

How many months' consecutive default after grant of relief bars the tenant from claiming relief again?

Two months' consecutive default.

Within what time-frame does repeated default bar fresh relief under Section 21(4)?

In any one year.

Can the tenant claim Section 21(3) protection again after such repeated default in one year?

No, the tenant shall not be entitled to such relief again.

Subject to what condition may partial eviction be allowed under Section 21(5)?

If the landlord agrees for the same.

What is the subject matter of Section 22 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with eviction on requirement of premises by legal heirs of deceased landlord.

Notwithstanding what does Section 22(1) operate?

Notwithstanding anything contained in this Act or any other law for the time being in force.

In what event can legal heirs of landlord seek eviction during period of tenancy under Section 22?

In case of death of the landlord where there is requirement of the premises let out on rent by the legal heirs.

Can legal heirs seek eviction even during subsistence of tenancy under Section 22?

Yes, where they require the premises let out on rent.

Before whom may legal heirs file application for eviction under Section 22(1)?

Before the Rent Authority.

For what may legal heirs file application under Section 22(1)?

For eviction and recovery of possession of the said premises.

In what form and manner shall legal heirs file application under Section 22(1)?

In such form and manner as may be prescribed.

What satisfaction is required for Rent Authority to pass order under Section 22(2)?

Satisfaction that the legal heirs of the deceased landlord are in requirement of the premises let out on rent.

What order may the Rent Authority pass under Section 22(2)?

Necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.

To whom shall vacant possession be handed over under Section 22(2)?

To the legal heirs of the deceased landlord.

What is the subject matter of Section 23 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with enhanced rent for failure to vacate premises.

When does liability under Section 23 arise?

Where the tenant fails to vacate the premises in accordance with the tenancy agreement on expiration of tenancy period or termination of tenancy by an order or notice under this Act.

Can liability under Section 23 arise on termination by statutory order or notice?

Yes, it arises on termination of tenancy by an order or notice under the provisions of this Act.

How much is payable by tenant for the first two months of unauthorized occupation under Section 23?

Twice the monthly rent.

How much is payable by tenant after the first two months under Section 23?

Four times the monthly rent.

Till when is four times monthly rent payable under Section 23(b)?

Till the tenant continues to occupy the said premises.

What is the subject matter of Section 24 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with refund of advance rent or payment on recovery of possession.

When is landlord required to refund advance rent or other payment under Section 24(1)?

Where he exercises the right of recovery of possession under Section 21(2) or Section 22 and had received any rent or other payment in advance from the tenant.

What amount must landlord refund before recovery of possession under Section 24(1)?

Such advance rent or any other payment received from the tenant.

What deduction may landlord make before refund under Section 24(1)?

Deduction of the rent and other charges due to him.

At what stage must refund under Section 24(1) be made?

Before recovery of possession.

What is the consequence if landlord fails to make refund under Section 24(2)?

He shall be liable to pay simple interest to the tenant.

On what amount is simple interest payable under Section 24(2)?

On the amount which he has omitted or failed to refund.

At what rate is simple interest payable under Section 24(2)?

At such rate as may be prescribed from time to time.

What is the subject matter of Section 25 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with payment of rent during contested eviction proceedings.

In which proceedings does Section 25 apply?

In proceedings for recovery of possession on any ground other than clause (a) or clause (b) of Section 21(2) or under section 22.

What is the additional condition for application of Section 25?

The tenant contests the claim for eviction.

At what stage may landlord apply under Section 25?

At any stage of the proceedings.

To whom may landlord apply under Section 25?

To the Rent Authority.

For what direction may landlord apply under Section 25?

To direct the tenant to pay him the rent payable under section 8 and section 23.

Can the Rent Authority order payment of charges other than rent under Section 25?

Yes, it may order payment of all other charges due from the tenant along with penal charges, if any, due to delay in payment.

In accordance with which provision are penal charges under Section 25 payable?

In accordance with the provisions of sub-section (1) of section 14.

What all may the Rent Authority order the tenant to pay under Section 25?

Rent payable, all other charges due from the tenant, and penal charges due to delay in payment.

What is the subject matter of Section 26 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with permission to build additional structures.

Can tenant carry out any structural change in the rented premises without landlord's written consent?

No, tenant shall not carry out any structural change without the written consent of the landlord.

Can tenant erect any permanent structure in the rented premises without landlord's written consent?

No, tenant shall not erect any permanent structure without the written consent of the landlord.

What may the landlord do if tenant refuses to allow proposed improvement or additional structure?

The landlord may make an application in this behalf to the Rent Authority.

When can landlord apply to the Rent Authority under Section 26(2)?

Where he proposes to make any improvement in or construct any additional structure on rented premises and the tenant refuses to allow it.

On whose application does the Rent Authority act under Section 26(3)?

On an application made by the landlord under sub-section (2).

What satisfaction is necessary before Rent Authority permits work under Section 26(3)?

Satisfaction that the landlord is ready and willing to commence the work which is necessary.

What may the Rent Authority permit after such satisfaction under Section 26(3)?

It may permit the landlord to do such work.

Can the Rent Authority pass any further orders under Section 26(3)?

Yes, it may make such other order as it may deem fit.

What limitation applies to improvement or additional structure permitted under Section 26?

It shall not decrease or diminish or deteriorate the accommodation or housing services in the premises causing undue hardship to the tenant.

Can permitted improvement cause undue hardship to tenant?

No, it shall not cause undue hardship to the tenant.

What is the subject matter of Section 27 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with special provision regarding vacant land.

Notwithstanding what do the provisions of Section 27 operate?

Notwithstanding anything contained in section 21 or section 22.

What kind of premises are covered by Section 27(1)?

Premises let out for rent comprising vacant land upon which it is permissible under municipal bye-laws to erect any building.

Under what legal permission must building construction be permissible for Section 27 to apply?

Under the municipal bye-laws for the time being in force.

For what purposes may the proposed building be erected on such vacant land?

Whether for residence or for any other purpose.

What intention must the landlord have to invoke Section 27(1)?

The landlord must intend to erect such building.

When may landlord move the Rent Authority under Section 27(1)?

When he is unable to obtain possession of the vacant land from the tenant on the basis of the tenancy agreement.

Who may file application under Section 27(1)?

The landlord or in case of death of the landlord his legal heirs.

Before whom shall application under Section 27(1) be filed?

Before the Rent Authority.

In what form and manner shall application under Section 27(1) be filed?

In such form and manner as may be prescribed.

What two satisfactions are required before the Rent Authority acts under Section 27(2)?

That the landlord or his legal heirs are ready and willing to commence the work and that severance of vacant land from the rest of the premises shall not cause undue hardship to the tenant.

What may the Rent Authority direct after enquiry under Section 27(2)(a)?

It may direct such severance after such enquiry as it may deem fit.

What possession order may the Rent Authority pass under Section 27(2)(b)?

It may place the landlord in possession of the vacant land.

What rent-related power does the Rent Authority have under Section 27(2)(c)?

It may determine the rent payable by the tenant in respect of the rest of the premises.

Can the Rent Authority pass other consequential orders under Section 27(2)(d)?

Yes, it may make such other orders as it may deem fit in the circumstances of the case.

Can severance of vacant land be directed if it causes undue hardship to tenant?

No, severance must not cause undue hardship to the tenant.

What is the subject matter of Section 28 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with vacant possession to landlord.

Notwithstanding what does Section 28 operate?

Notwithstanding anything contained in any other law for the time being in force.

When does Section 28 become applicable?

Where the interest of a tenant or in case of death of the tenant of his legal heirs in any premises is determined for any reason whatsoever and an order is made by the Rent Authority for recovery of possession.

Whose interest in premises may be determined for Section 28 to apply?

The interest of a tenant or in case of death of the tenant of his legal heirs.

Is the reason for determination of tenant's interest material under Section 28?

No, it may be determined for any reason whatsoever.

What further requirement besides determination of tenant's interest is necessary under Section 28?

An order must be made by the Rent Authority under this Act for recovery of possession of such premises.

Subject to which provision is the binding effect of Section 28 made?

Subject to the provisions of sub-section (3) of section 21.

On whom is the recovery order binding under Section 28?

On all occupants who may be in occupation of the premises.

What must all occupants give under Section 28?

Vacant possession of the premises.

To whom shall vacant possession be given under Section 28?

To the landlord or to the legal heirs of the landlord.

What is the subject matter of Section 29 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with notice of giving up possession by tenant.

Notwithstanding what does Section 29 operate?

Notwithstanding anything contained in this Act or any other law for the time being in force.

Can a tenant give up possession of the premises under Section 29?

Yes, a tenant may give up possession of the premises on giving written notice.

What kind of notice must tenant give before giving up possession where tenancy agreement contains stipulation?

Such written notice as is required under the tenancy agreement.

What is the notice period if the tenancy agreement contains no stipulation relating to notice?

At least one month notice to the landlord before giving up possession of the premises.

To whom shall the tenant give one month notice in absence of contractual stipulation?

To the landlord.

When must the one month notice be given under Section 29?

Before giving up possession of the premises.

CHAPTER -6

Rent Authority, Rent Tribunal, Their Powers and Appeal

What is the subject matter of Section 30 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with Rent Authority.

Who shall appoint the Rent Authority under Section 30?

The District Collector shall appoint the Rent Authority.

What officer may be appointed as Rent Authority under Section 30?

An officer not below the rank of Additional District Collector may be appointed as the Rent Authority.

Within whose jurisdiction shall the appointed officer function as Rent Authority?

Within the jurisdiction of the District Collector.

What is the subject matter of Section 31 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with negotiated settlement of disputes.

Which authorities are required to promote negotiated settlement under Section 31?

The Rent Authority and the Rent Tribunal.

In which cases does Section 31(1) apply?

In all cases where the respondent enters or is permitted to enter defense against the application.

At what stage may the Rent Authority or Rent Tribunal refer parties for negotiated settlement?

At any time before a negotiated settlement of the dispute between the parties.

To whom may the parties be referred under Section 31(1)?

To the appropriate authority under the Legal Services Authorities Act, 1987.

In what kind of cases may parties be referred under Section 31(1)?

In appropriate cases.

Does Section 31(1) affect the powers under sub-section (2)?

No, sub-section (2) operates without prejudice to sub-section (1).

What procedure shall the Rent Authority and Rent Tribunal follow under Section 31(2)?

Such procedure as it deems proper to promote a compromise expeditiously.

For what purpose shall proper procedure be followed under Section 31(2)?

To promote a compromise expeditiously.

What shall the Rent Authority and Rent Tribunal do where there has been settlement of the case by compromise?

They shall record the terms of the compromise.

What final step shall the Rent Authority and Rent Tribunal take after recording compromise terms?

They shall pass final order in those terms.

What is the subject matter of Section 32 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with Rent Tribunal.

By whom shall the Rent Tribunal be presided over?

By the District Judge himself or by Additional District Judge nominated by the District Judge.

What is the subject matter of Section 33 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with procedure to be followed in Rent Authority and Rent Tribunal.

Save as provided in this Act, does the Code of Civil Procedure, 1908 apply to the Rent Authority and Rent Tribunal?

No, nothing contained in the Code of Civil Procedure, 1908 shall apply.

By what principles shall the Rent Authority and Rent Tribunal be guided?

By the principles of natural justice.

Do the Rent Authority and Rent Tribunal have power to regulate their own procedure?

Yes, they shall have power to regulate their own procedure.

Who may file an application or appeal before the Rent Authority or Rent Tribunal?

The landlord or the tenant.

What must accompany an application or appeal under Section 33(1)(a)?

Affidavit and documents, if any.

What shall the Rent Authority or Rent Tribunal issue after receiving application or appeal?

Notice to the opposite party.

What shall accompany the notice issued to the opposite party?

Copies of application or appeal, affidavit and documents.

What shall the opposite party file after receipt of notice?

A reply accompanied by affidavit and documents, if any.

What must the opposite party do before filing reply?

Serve a copy of the same to the applicant.

What may the applicant file after receipt of reply?

A rejoinder, if any.

What must the applicant do before filing rejoinder?

Serve a copy to the opposite party.

What shall the Rent Authority or Rent Tribunal do after pleadings are complete?

It shall fix a date of hearing.

What inquiry may the Rent Authority or Rent Tribunal hold?

Such summary inquiry as it deems necessary.

Within what period shall the Rent Authority or Rent Tribunal endeavor to dispose of the case?

Within sixty days from the date of receipt of the application or appeal.

From which date is the sixty days disposal period counted?

From the date of receipt of the application or appeal.

What must be done if application or appeal is not disposed of within sixty days?

Reasons in writing shall be recorded for not disposing of it within that period.

In what form shall evidence of a witness be given in every application or appeal?

By affidavit.

When may the Rent Authority or Rent Tribunal call a witness for examination or cross-examination?

Where it appears necessary in the interest of justice.

What may the Rent Authority or Rent Tribunal order regarding witness under the proviso to Section 33(3)?

Attendance of such witness to be present for examination or cross-examination.

Which CPC provisions apply mutatis mutandis under Section 33(4)?

Provisions regarding service of summons.

For what purpose do CPC provisions regarding service of summons apply?

For service of notice by the Rent Authority or Rent Tribunal.

What additional electronic modes may be used for service of notice?

E-mail, WhatsApp, SMS or other recognized electronic mode.

In what form shall every application or appeal be made?

In such form as may be prescribed.

How many adjournments may ordinarily be allowed at the request of a party?

Not more than three adjournments throughout the proceedings.

What must the Rent Authority or Rent Tribunal do if more than three adjournments are allowed for reasonable and sufficient cause?

It shall record the reasons in writing and order the party requesting adjournment to pay a reasonable cost.

Which applications under Section 21(2) and Section 22 must be decided within ninety days?

Applications under clauses (a), (b), (e), (f) and (g) of Section 21(2) or under Section 22.

Within what period shall applications under clauses (a), (b), (e), (f) and (g) of Section 21(2) or Section 22 be decided?

Within ninety days from the date of filing before the Rent Authority.

Which applications under Section 21(2) must be decided within thirty days?

Applications filed under clauses (c) and (d) of Section 21(2).

Within what period shall applications under clauses (c) and (d) of Section 21(2) be decided?

Within thirty days from the date of filing of such application.

What is the subject matter of Section 34 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with powers of Rent Authority and Rent Tribunal.

For discharging their functions under this Act, what powers do the Rent Authority and Rent Tribunal possess?

They have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 for the specified purposes.

For what purpose can the Rent Authority and Rent Tribunal summon persons?

For summoning and enforcing the attendance of any person and examining him on oath.

Can the Rent Authority and Rent Tribunal require discovery and production of documents?

Yes, they have power to require discovery and production of documents.

Can the Rent Authority and Rent Tribunal issue commission for examination of witnesses or documents?

Yes, they may issue commission for examination of the witnesses or documents.

Can the Rent Authority and Rent Tribunal issue commission for local investigation?

Yes, they may issue commission for local investigation.

Can the Rent Authority and Rent Tribunal receive evidence on affidavits?

Yes, they may receive evidence on affidavits.

Can the Rent Authority and Rent Tribunal dismiss an application or appeal for default or decide it ex-parte?

Yes, they have such power.

Can the Rent Authority and Rent Tribunal set aside ex-parte or default dismissal orders passed by them?

Yes, they may set aside any order of dismissal for default or any other ex-parte order passed by them.

Can the Rent Authority and Rent Tribunal exercise powers on prescribed matters also?

Yes, on any other matter which may be prescribed.

What is the nature of proceedings before the Rent Authority or Rent Tribunal under Section 34(2)?

They shall be deemed to be judicial proceedings.

For purposes of which IPC sections are proceedings before Rent Authority or Rent Tribunal deemed judicial proceedings?

Sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860.

For purposes of which CrPC provisions are the Rent Authority and Rent Tribunal deemed Civil Court?

For section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

After what notice may the Rent Authority enter and inspect premises under Section 34(3)(a)?

After giving not less than twenty-four hours notice in writing.

Can the Rent Authority authorize a subordinate officer to inspect premises?

Yes, it may authorize any officer subordinate to it to enter and inspect.

Between what hours can inspection under Section 34(3)(a) be conducted?

At any time between sunrise and sunset.

What may the Rent Authority require by written order under Section 34(3)(b)?

It may require any person to produce for its inspection such books or documents relevant to the inquiry.

What must the written order under Section 34(3)(b) specify?

The time and place at which such books or documents are to be produced.

Whom may the Rent Authority appoint under Section 34(4) for assistance?

One or more persons having special knowledge of the matter under consideration as an assessor or valuer.

For what purpose may assessor or valuer be appointed?

To advise the Rent Authority in the proceeding before it.

Can clerical or arithmetical mistakes in Rent Authority orders be corrected?

Yes, they may be corrected at any time by the Rent Authority.

On whose application may clerical or accidental errors be corrected?

On an application from any of the parties or otherwise.

What magistracy power does the Rent Authority have under Section 34(6)?

It may exercise the powers of a Judicial Magistrate of the First Class for recovery of fine.

For what purpose is the Rent Authority deemed to be a Magistrate under CrPC?

For recovery of the fine.

How is an order made by Rent Authority or passed in appeal executable?

It shall be executable by the Rent Authority as a decree of a Civil Court.

For executing its order as decree, what powers does the Rent Authority have?

The powers of a Civil Court.

When may the Rent Authority set aside or recall an ex-parte order under Section 34(8)?

If the aggrieved party satisfies it that notice was not duly served or that he was prevented by sufficient cause from appearing.

What are the two grounds for recalling an ex-parte order under Section 34(8)?

Notice was not duly served or sufficient cause prevented appearance at hearing.

What is the finality attached to every order made by the Rent Authority under Section 34(9)?

Subject to decision in appeal, every such order shall be final.

Can an order of the Rent Authority be called in question in any original suit, application or execution proceedings?

No, it shall not be called in question in any original suit, application or execution proceedings.

What is the subject matter of Section 35 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with appeal to Rent Tribunal.

Who may prefer an appeal under Section 35(1)?

Any person aggrieved by an order passed by the Rent Authority.

What must accompany an appeal under Section 35(1)?

A certified copy of such order.

Before which Rent Tribunal shall appeal be preferred?

Before the Rent Tribunal within the local limits of which the premises is situated.

Within what period shall appeal be preferred under Section 35(1)?

Within thirty days from the date of that order.

From which date is the thirty days appeal period counted?

From the date of the order passed by the Rent Authority.

What is the mandatory pre-condition for maintainability of appeal under the proviso to Section 35(1)?

The appellant must pre-deposit fifty percent of the entire payable amount under the impugned order of the Rent Authority.

Can an appeal lie without pre-deposit of fifty percent of payable amount?

No, no appeal shall lie without such pre-deposit.

What shall the Rent Tribunal do upon filing of appeal?

It shall serve notice along with a copy of memorandum of appeal to the respondent.

Within what time shall the Rent Tribunal fix hearing after service of notice of appeal?

Not later than thirty days from the date of service of notice of appeal on the respondent.

Within what period shall the appeal be disposed of under Section 35(2)?

Within sixty days from the date of service of notice of appeal.

When may the Rent Tribunal allow filing of documents at any stage of appeal?

Where it considers it necessary in the interest of arriving at a just and proper decision.

Can filing of additional documents be allowed more than once during hearing?

No, no such document shall be allowed more than once during the hearing.

What interlocutory power does the Rent Tribunal have during pendency of appeal?

It may pass such interlocutory order as it may deem fit.

What orders may the Rent Tribunal pass while deciding the appeal?

It may confirm, set aside or modify the order passed by the Rent Authority.

What must the Rent Tribunal do before confirming, setting aside or modifying the Rent Authority's order?

It must record reasons therefor.

What is the subject matter of Section 36 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with execution of order.

Who shall execute an order of a Rent Tribunal or any other order made under this Act?

The Rent Authority.

On whose application shall the Rent Authority execute the order under Section 36(1)?

On an application filed by any party.

In what manner shall execution be carried out under Section 36(1)?

In such manner as may be prescribed.

How may the Rent Authority execute order by possession under Section 36(1)(a)?

By delivering possession of the premises to the person in whose favour the decision has been made.

How may the Rent Authority execute order by bank attachment?

By attaching one or more bank accounts of the opposite party for recovering the amount specified in such order.

How may the Rent Authority execute order through appointment of person?

By appointing any advocate or any other competent person including officers of the Rent Authority or local administration or local body for execution.

Can officers of local administration or local body be appointed for execution?

Yes, they may be appointed as competent persons for execution.

How may the Rent Authority execute order by salary process?

By attachment of salary and allowance of the opposite party.

How may the Rent Authority execute order by property process?

By attachment and sale of the movable or immovable property of the opposite party.

Can the Rent Authority take help from local police for execution?

Yes, it may take help from the local police for execution of the final orders.

What is the condition before applicant obtains police help for execution?

He must pay such costs as may be decided by the Rent Authority.

In what manner shall the Rent Authority conduct execution proceedings?

In a summary manner.

Within what period shall execution application be disposed of under Section 36(3)?

Within thirty days from the date of service of notice on the opposite party.

From which date is the thirty days execution disposal period counted?

From the date of service of notice on the opposite party.

CHAPTER 7

MISCELLANEOUS

What is the subject matter of Section 37 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with officers and other employees of the Rent Authority and the Rent Tribunal.

Who may determine the nature and categories of officers and other employees under Section 37?

The State Government.

On what basis may the State Government determine the nature and categories of officers and employees?

As it considers necessary.

Who appoints such officers and other employees under Section 37?

The State Government.

For what purpose are such officers and other employees appointed?

For the efficient discharge of their functions under this Act.

Whose functions are to be efficiently discharged by appointment under Section 37?

The functions of the Rent Authority and the Rent Tribunal under this Act.

What is the subject matter of Section 38 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with bar of jurisdiction of Civil Courts in certain matters.

Save as otherwise provided in this Act, can Civil Court entertain any suit or proceeding relating to provisions of this Act?

No, no Civil Court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.

To what extent is Civil Court jurisdiction barred under Section 38(1)?

In so far as the suit or proceeding relates to the provisions of this Act.

To what is the jurisdiction of the Rent Authority limited under Section 38(2)?

It is limited to tenancy agreement submitted to it as specified in the First Schedule.

Does the jurisdiction of the Rent Authority extend to question of title or ownership of premises?

No, it shall not extend to the question of title or ownership of premises.

What questions are expressly excluded from the Rent Authority's jurisdiction?

Questions of title or ownership of premises.

What is the subject matter of Section 39 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with court fees.

Which Act applies in respect of applications or appeals before the Rent Authority or Rent Tribunal?

The provisions of the Court Fees Act, 1870.

Before which authorities does the Court Fees Act, 1870 apply under Section 39(1)?

Before the Rent Authority or Rent Tribunal, as the case may be.

For computation of court fees, what shall application for recovery of possession and memorandum of appeal be deemed to be?

They shall be deemed to be a suit between the landlord and the tenant.

Which proceedings are deemed to be a suit for computation of court fees?

The application for recovery of possession before the Rent Authority and the memorandum of appeal before the Rent Tribunal.

What shall be the court fees for application filed before the Rent Authority?

The same as that of an interlocutory application presented in a Civil Court.

What is the subject matter of Section 40 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with officers and staff to be public servants.

Who are deemed to be public servants under Section 40?

Every officer and staff of Rent Authority and Rent Tribunal appointed under this Act.

Within the meaning of which provision are such officers and staff deemed public servants?

Within the meaning of section 21 of the Indian Penal Code, 1860.

Must the officer or staff be appointed under this Act to get public servant status?

Yes, the officer and staff must be appointed under this Act.

What is the subject matter of Section 41 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with application of sections 4, 5 and 12 of the Limitation Act, 1963.

Which provisions of the Limitation Act, 1963 apply to proceedings under this Act?

Sections 4, 5 and 12 of the Limitation Act, 1963.

How do sections 4, 5 and 12 of the Limitation Act apply under Section 41?

They apply mutatis mutandis.

To what do sections 4, 5 and 12 of the Limitation Act apply under Section 41?

To all proceedings under this Act.

What is the subject matter of Section 42 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with overriding effect.

What is the effect of the provisions of this Act under Section 42?

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force.

Over which laws does this Act have overriding effect?

Over any other law of the State of Uttar Pradesh for the time being in force containing anything inconsistent therewith.

When does the overriding effect under Section 42 operate?

When there is anything inconsistent therewith contained in any other law of the State of Uttar Pradesh.

What is the subject matter of Section 43 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with protection of action taken in good faith.

Against whom shall no suit, prosecution or other legal proceeding lie under Section 43?

Against any officer and staff of Rent Authority or Rent Tribunal.

In respect of what acts is protection granted under Section 43?

In respect of anything which is done or intended to be done in good faith in pursuance of this Act.

Is protection under Section 43 confined only to acts actually done?

No, it extends to anything done or intended to be done in good faith.

What is the condition for claiming protection under Section 43?

The act must be done or intended to be done in good faith in pursuance of this Act.

What is the subject matter of Section 44 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with power to make rules.

Who has the power to make rules under Section 44(1)?

The State Government.

By what mode may the State Government make rules under Section 44(1)?

By notification in the Gazette.

For what purpose may rules be made under Section 44(1)?

For carrying out the purposes of this Act.

Does Section 44(2) limit the general rule-making power under sub-section (1)?

No, it is in particular and without prejudice to the generality of the foregoing power.

For what may rules provide regarding digital platform under Section 44(2)(a)?

The form and manner of digital platform to be put in place by the State Government in the Hindi or English language for enabling submission of documents under Section 4(4).

For what may rules provide regarding payment and deposit of rent under Section 44(2)(b)?

The manner of payment of rent and other charges by postal money order or any other method and the manner of deposit with the Rent Authority under Section 14.

For what may rules provide under Section 44(2)(c)?

Manner of making an application for recovery of possession under Section 21(2).

For what may rules provide under Section 44(2)(d)?

Form and manner of making an application for recovery of possession under Section 22(1).

For what may rules provide under Section 44(2)(e)?

Rate of interest payable under sections 21 and 24.

For what may rules provide under Section 44(2)(f)?

The form and manner of filing application by landlord before the Rent Authority for obtaining possession of rented premises for erecting building under Section 27(1).

For what may rules provide under Section 44(2)(g)?

The form of filing appeal before Rent Tribunal under sub-section (5) of section 34.

For what may rules provide under Section 44(2)(h)?

Any other matter to be provided under clause (k) of sub-section (1) of section 35.

For what may rules provide under Section 44(2)(i)?

The manner of execution of an order of a Rent Tribunal or any other order made under this Act under Section 36(1).

What residuary rule-making power is given under Section 44(2)(j)?

Any other matter which is required to be, or may be, prescribed under the provisions of this Act.

What is the subject matter of Section 45 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with power to remove difficulties.

Who may remove difficulties under Section 45(1)?

The State Government.

When may the State Government exercise power under Section 45(1)?

If any difficulty arises in giving effect to the provisions of this Act.

By what mode may the State Government remove difficulty?

By order published in the Gazette.

What limitation applies to the order removing difficulty under Section 45(1)?

It must not be inconsistent with the provisions of this Act.

Within what period can no difficulty removal order be made after commencement of this Act?

No such order shall be made after expiry of two years from the date of commencement of this Act.

From which date is the two years limitation under the proviso counted?

From the date of commencement of this Act.

What shall be done with every order made under Section 45?

It shall be laid before each House of the State Legislature.

When shall every order under Section 45 be laid before the State Legislature?

As soon as may be after it is made.

What is the subject matter of Section 46 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021?

It deals with repeal and savings.

Which Act is repealed under Section 46(1)?

The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is repealed.

Which Ordinance is repealed under Section 46(1)?

The Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 is repealed.

What happens to pending cases under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 at the commencement of this Act?

They shall be continued and disposed of in accordance with the provisions of the said Act of 1972.

How are pending 1972 Act cases treated despite repeal?

As if that Act had continued to be in force and this Act had not been enacted.

What happens to pending landlord-tenant disputes under laws other than the repealed 1972 Act?

They shall be continued before such Court and disposed of in accordance with such applicable law.

Before which forums may such other pending disputes continue under Section 46(3)?

Before the Civil Court or in appeal before any other Court where they were pending on the date of commencement.

To which premises must Section 46(3) disputes relate?

Premises to which this Act applies.

What is the saving regarding actions taken under the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 and Second Ordinance, 2021?

Anything done or any action taken under those Ordinances shall be deemed to have been done or taken under the corresponding provisions of this Act.

Under what are prior Ordinance actions deemed after commencement of this Act?

Under the corresponding provisions of this Act.