Fair Rent fixation Section 8 | SRPO, 1979

Summary

In this legal consultation, a client seeks advice on increasing the rent for his tenant, Gujarishta Das, who has been living in the property for a year. The lawyer advises the client to gather evidence of similar neighborhood property rents, past and present property tax payments, and repair costs to justify the rent increase in court. The discussion also covers the potential impact of increased government taxes and construction costs on rent valuation, emphasizing the importance of presenting comprehensive documentation to support the case.

Takeaways

• 🏠 The client is a landlord with a tenant named Gujarishta Das, who has been living in the property for a year and has not increased the agreed rent of ₹10,000.
• 📚 The lawyer advises the client to gather evidence such as rental agreements, tax payments, and repair costs to present in court to justify a rent increase.
• 📈 The lawyer mentions that the rent can be increased by comparing it to similar properties in the neighborhood and showing that the property tax has increased over time.
• 📋 The client is asked to provide a copy of the rental agreement from 10 years ago and the current one to demonstrate the rent increase.
• 💼 The lawyer emphasizes the importance of presenting evidence of property tax payments and any changes in the tax rate to support the case for a rent increase.
• 🔍 The client is instructed to collect evidence of repair costs and any recent renovations to the property to show the court as part of the justification for a rent increase.
• 📊 The lawyer explains that they will compile all the documents and evidence to present to the Rent Controller, who will require clear documentation to consider the case.
• 📉 The script discusses the possibility of a decrease in property value due to changes in property taxes or construction costs, which could impact the rent amount.
• 🏢 The lawyer plans to argue in court that the rent should be aligned with similar properties in the neighborhood and that the current rent is not reflective of the market value.
• 📖 The script highlights the legal process involved in increasing rent, including the need to understand and reference specific sections of the law, such as Section 8, which deals with the grounds for rent increases.

Q & A

What is the main issue discussed in the script?

The main issue is a landlord, Malik Makan, who is seeking legal advice on increasing the rent for his tenant, Gujarishta Das, who has been living in the property for a year and has not had his rent increased despite the landlord's attempts.

What legal provision is mentioned in the script for rent control?

Section 103 is mentioned as the legal provision under which the landlord can make a case for rent increase.

What is the tenant's name mentioned in the script?

The tenant's name is Gujarishta Das.

What is the current rent amount that the tenant is paying?

The current rent amount that the tenant is paying is ₹10,000.

What is the landlord's concern regarding the rent?

The landlord is concerned that the tenant has not agreed to an increase in rent despite the landlord's multiple attempts.

What evidence does the lawyer ask for to support the case in court?

The lawyer asks for evidence such as the rental agreement, property tax payments from 10 years ago and the current ones, and any repair or maintenance costs to show the increase in property value and justify the rent increase.

What is the rent amount of a similar property in the neighborhood as mentioned in the script?

The rent amount of a similar property in the neighborhood is ₹25,000.

Why does the lawyer suggest that the property tax could be a reason for rent increase?

The lawyer suggests that if the property tax has increased, it could be a valid reason to seek a rent increase as it reflects the increased value of the property.

What does the lawyer plan to do with the collected documents and evidence?

The lawyer plans to present the collected documents and evidence in court to support the landlord's case for increasing the rent.

What is the role of the Rent Controller in this scenario?

The Rent Controller is the authority to whom the lawyer will submit the case and evidence to seek a decision on the rent increase.

What is the legal section that the lawyer refers to for justifying the rent increase?

The lawyer refers to Section 8 of the relevant law, which deals with the justification for rent increases.