Now Rent Courts have sole power to settle Tenant-owner dispute

Chennai;

Now Rent courts will only have the power to hear and decide applications relating to disputes between landlords and tenants as per The Tamil Nadu Regulations of Right and Responsibilities of Landlords and Tenants Act, 2017 which was passed in the state assembly on Friday.

As per the Act, now there will be no jurisdiction of civil court in settling such disputes. The Rent Court, which will function under the administrative and disciplinary control of High Court will decide on applications relating to tenancies and premises, and will follow the provisions of the Transfer of Property Act, 1882, and the Indian Contract Act, 1872. The process would be carried out just as it would have if the dispute had been brought before a civil court by way of suit.

Under the new act, the Rent Court shall not allow more than three adjournments at request of a party throughout the proceedings. In case it decides to do so, it shall record the same in writing and order the party requesting adjournment to pay the reasonable cost.

The New Act gives Rent Court the powers of judicial magistrate of First class for recovery of fine under the provisions of Code of Criminal Procedure, 1973 and the rent court is deemed to be a magistrate under criminal procedure code.

The Rent court, while holding an inquiry, has the power to enter the premises at any time between sunrise and sunset by giving not less than 24-hour notice in writing.

Interestingly, there is also a provision where in clerical or mathematical errors due to any accidental omission may be corrected by the rent court.

The act also gives power to the Rent court to execute its final order by delivery of possession of the premises to the person in whose favour the decision has been made or to attach and sell movable or immovable property of the opposite party. It has also been given the powers to take help from the local government or local body or police to execute the orders.

Factfile:

1. The Government by notification will constitute Rent court in urban areas

2. If there are two Rent Courts in an urban area, the government will regulate the distribution of business

3. A Rent Court will consist of one or more presiding officer to be appointed by the government in consultation with Madras HC

4. The presiding officer will be a district judge of TN State judicial officer.

5. Similarly, the rent tribunals which will also be set up under the Act will have officials who have earlier been a High Court judge

6. The Act also calls for creating a Rent authority. The district collector will appoint an official not less than deputy collector to be Rent authority for the area.