Tamil Nadu: New law mandates rental agreements to evict a tenant

The Madras High Court has ruled that landlords in Tamil Nadu cannot evict their tenants through fast-track procedures if they do not have written tenancy agreements or have failed to register them with the rent authority. The move is a step toward safeguarding the interests of tenants in the State.

The Madras High Court has ruled that landlords in Tamil Nadu cannot evict their tenants through fast-track procedures if they do not have written tenancy agreements or have failed to register them with the rent authority. The move is a step toward safeguarding the interests of tenants in the State.

The Madras High Court has ruled that landlords in Tamil Nadu cannot expel their tenants through fast-track procedures under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (TNRRRLT) Act, 2017. The ruling holds effective for cases where the landlord has either failed to enter into written tenancy agreements after the legislation came into force on February 22, 2019 or have not registered their agreements with the rent authority.

Justice R Subramanian held that if a tenancy agreement registered after the 2017 Act has expired, the landlord must start eviction proceedings before the Rent Courts within six months after expiry.

If the landlord fails to initiate the eviction proceedings within six months, he has to approach the regular civil courts and abide by the general law Transfer of Property Act of 1882 to get the tenants evicted.

The general law and the Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 recognises oral agreements. Also, Rent Courts give due regard to the provisions of the 1882 Act, the Indian Contract Act of 1872, or any other substantive law applicable to such matters as per Section 34 of the 2017 Act.

The judge agreeing with advocate P B Balaji ruled that the landlords with oral agreements made before the 2017 Act or whose written tenancy had expired before the 2017 Act can approach the Rent Courts under the new law and pursue removal of their tenants. The reason for expulsion could be a failure to enter into an agreement, non-payment of rental arrears, unauthorised subletting and misuse of premises.

The 2017 Act gives the right to the landlord to appeal for repossession; however, the tenant cannot claim that despite his request if the landlord did not execute an agreement in writing.