The recently notified prolandlord Tenancy Act is being hailed in some quarters as radical reform long overdue, but doubts have been cast on the provision which has empowered a deputy collector-rank officer to hear tenant-landlord disputes instead of rent control courts.Chennai has seven rent control courts and it would be the duty of the authorities to appoint as many, or more, deputy collectors to hear the disputes. Since the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 Act was notified on February 22, rent control courts have stopped accepting new disputes for adjudication.On the one hand, litigants are not able to file new cases, on the other, officials are yet to be appointed by the revenue administration department.“From day one since the new act was notified, the courts in Chennai have stopped accepting petitions under the old Rent Control Act. Though a 90-day time limit is provided to comply with the new act, the rent courts are refusing to take new petitions on file. Court officials say they cannot number a petition under the old act once the new act has been notified,” advocate V S Suresh said.Asked about the non-appointment of rent authority in Chennai district even one month after the act was notified, a source from the housing and urban development department said the Chennai collector had sent the gazette notification for publication of the name of the deputy collector for the rent authority.While the ground realities are so, advocate P B Ramanujam, an expert in rent control cases in the city, said an officer of the rank of deputy collector can be no match to an experienced judge to adjudicate on such disputes. Transferring the jurisdiction to adjudicate the first stage of rent control cases from judiciary to executive is nothing but encroaching upon the jurisdiction of the courts. It is not clear whether such designated officers would be experts in law, Ramanujam said.However, for advocate Ashok Menon, another expert in rent control cases, a rent authority need not be an expert in law. All he/she needs to do is just follow the act and the procedures.As for the restriction of appeals to only two stages – before the rent court and the rent tribunal — Ramanujam said, “This would definitely help corruption. High court should be allowed to decide on whether or not to consider appeals of such cases. Restricting the appeal will lead only to corruption.”Arguing in favour of the restriction, Ashok said, “It was possible to drag a rent control case for 10 years under the old act. I have seen many such cases. But by restricting the appeals the new act has addressed the issue and has ensured speedy justice.”Noting that Section 23 of the new act was the most adverse proviso, Ramanujam said, “This section says that the tenant has to pay double the rent they are paying even if they occupy the premises even a day after the expiry of the lease agreement. This is atrocious. This act is totally in favour of landlords.”Terming the entire act ‘very progressive’, Ashok said, “Earlier, if a tenant occupied the property even after the expiry of the lease, the landlord has to approach the court to evict him/ her. But now, expiry of lease agreement makes eviction automatic.”

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