New Model Tenancy Act – Highlights 2019
As per the ministry of housing and urban affairs, The Model Tenancy Act proposes to establish a framework for the balancing of rights and responsibilities of the landlords and tenants, regulation of residential and commercial tenancy matters, fast resolution of disputes, etc.
The Draft Model Tenancy Act is a model / template for States to adopt. It is neither a Central Bill nor an Act of Parliament.
Following are some of the important points which is covered in this Model –
Tenancy Agreement, Period of tenancy, Restrictions on subletting, rights of Rent Authority to fix or revise rent. responisibility to repair and maintenan ce of property, Repossession of the premises by the landlord, Constitution of Rent Court, Constitution of Rent Tribunals, Procedure of Rent Court and Rent Tribunal, Powers of Rent Court and Rent Tribunal, etc.
The second shedule covers the responsibilities of Landlord and Tenants. It states “As per Section 16, the landlord shall be responsible for repairs relating to matters falling under Part A and the tenant shall be responsible for matters falling under Part B.”
Part A
Responsibilities of the Landlord
1. Structural repairs except those necessitated by damage caused by the tenant.
2. Whitewashing of walls and painting of doors and windows.
3. Changing and plumbing pipes when necessary.
4. Internal and external electrical wiring and related maintenance when necessary.
Part B
Periodic repairs to be got done by the tenant
1. Changing of tap washers and taps
2. Drain cleaning
3. Water closet repairs
4. Wash Basin repairs
5. Bath tub repairs
6. Geyser repairs
7. Circuit breaker repairs
8. Switches and socket repairs
9. Repairs and replacement of electrical equipment except major internal and external wiring changes
10. Kitchen fixtures repairs
11. Replacement of knobs and locks of doors, cupboard, windows etc.
12. Replacement of flynets
13. Replacement of glass panels in windows, doors etc
14. Maintenance of gardens and open spaces let out to or used by the tenant
Information Source – http://mohua.gov.in/cms/TheDraftModalTenancyAct.php