Legal Rights of a Landlord in India | By Ishan [Hindi]

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Legal Rights of a Landlord in India | By Ishan [Hindi]

You are a landlord if you own land or a building and you have leased all or part of it to another person – a tenant. Your main legal rights and obligations as a landlord derive from landlord and tenant law as well as from any lease or tenancy agreement (written or spoken) between you and your tenant.

The main legislation governing these rights and obligations in private rented accommodation is set down in the Landlord and Tenant Acts 1967 to 1994, the Residential Tenancies Act 2004, the Residential Tenancies (Amendment) Act 2015 and the Planning and Development (Housing) and Residential Tenancies Act 2016.

You have the right to:

1.Set the rent
2..Receive the correct rent on the date it is due.
3..Receive any charges associated with the property (this means taxes and duties or payments).
4..Terminate a tenancy during the first 6 months without giving a reason.
5..In certain circumstances – terminate a tenancy at a later stage
6.Be informed about who is ordinarily living in the property (this does not include overnight visitors or short stays).
7.Be informed of any repairs needed.
8.Be given reasonable access to the property to carry out repairs
9.Refer disputes to the RTB – but only if you have fulfilled your obligation to register the tenancy
10.For private tenancies only – decide whether the tenant may sub-let or assign a tenancy. However, if you refuse to allow a tenant to assign or sublet a tenancy, this refusal can give the tenant the right to terminate a fixed-term tenancy before its expiry date.
11.For private tenancies only – review the rent every 2 years, unless the property is in a Rent Pressure Zone and the tenancy started on or since 24 December 2016 (AHB rents are reviewed every 12 months, or according to the tenancy agreement)

You do not have the right to:
1.Enter your tenant's home without permission
2.Take or retain your tenant’s property – even if they haven’t paid the rent
3.Charge more than the market rate for the property
4.Penalize your tenant for bringing a dispute to the RTB.

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