Saturday 8 May 2021

THE TAMIL NADU REGULATION OF RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS RULES, 2019.

It's time we (by law, or the buyers or the law abiding builders) shall include the Properties cost at the Time of Completion in the sale deed of every property.

This shall help every house 🏠 owner to determine their properties rental value.

As per the TamilNadu Lease and Rent Control act the cost of construction of the property or building is the basic parameter to determine the rental value and other parameter to consider is fully furnished building can attract at the Max of 15% extra rental value determined on the cost of construction at the time of completion.
The cost of construction of the property at the time of completion determines the rental value.
The 79Act.PDF of The State of TamilNadu (https://www.tenancy.tn.gov.in/Content/Documents/79Act.pdf), includes clauses for mandatory registration for Tenancy with the concerned Registrar. The Tenancy period, name of the owner, name of the tenants and the premise address has to be included. This act also states the procedures to be followed for Registration of Tenancy, Notification to the Registrar when the Tenancy is over, the Re-registration of Tenancy when it is let out to the next Tenants or Party, the deposit amounts, the Dispute resolution application forms.
However, this act does not refer any other acts in the reference. This is arbitrary and weird as there is no appendix or reference section in which we can refer and understand other related acts related to the Tenancy, Such as the fundamental framework for tenancy, advance protection, value of advance formula, rental value determination formula, refund of advance formula, parameters to consider to determine the rental value, and so on. The act also doesn't say a word about the regular up keep, the maintenance responsibility of the tenants and the owners. It doesn't state the need to notarize the rental agreement if needed.
It doesn't state the difference between a registered rental agreement or Tenancy vs non-registered tenancy rights. However, it has mandated the Registration of the Tenancy in all urban areas of TamilNadu, but has forgotten nor has included list of wards or areas in Each City either chronologically or as a GPS co-ordinate based MAP.
The Tenancy registration in my view should include the following details as well,
  1. Registrar office details, Authority or officer who registers and Signs or accepts the Tenancy.
  2. Cost of the property at the time of completion
  3. Property ID, Name of the owners, Identities (TAX Identity,mobile number, emailID and Individual Identity)
  4. Total Property SQ. Feet and Volume of Construction,
  5. Rental Property SQ. Feet - carpet area, car parking, bike parking, and volume of property rented.
  6. Address of the property
  7. Tenants name, Identities (TAX Identity,mobile number, emailID and Individual Identity)
  8. Location details - MAP, GPS co-ordinates, Ward number, Government determined Guide value of Property and the formula used to determine this value.
  9. Does the rental value be determined based on - a percentage (value to determine this?) of cost of construction + inflation index - depreciation of property based on the age of the property
  10. advance protection,
  11. value of advance determined based on a formula - rental value * n months,
  12. rental value determination formula
  13. refund of advance amount to tenants formula (advance received + banks savings or minimum fixed interest value for the period of tenancy, this value can be fetched from the RBI or bank of Deposit - the repair or renovation cost that considers cost of inflation index)
  14. parameters to consider to determine the rental value, and so on.
  15. The value of 8% simple interest per annum in case of default is an arbitrary number rather this number should be fetched from RBIs Repo rates or interest rate datas.
The State of TamilNadu, can you please revise this Act to consider the above details and make every aspect of tenancy explicit and backed by formulas, datas, parameters, how and where to source these parameter values from which department or their website to fetch this data, references to any other related acts, reference to any additional information that the tenants and owners should be aware off?

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