Tenants say no to draft Tenancy Act, claim Maharashtra already has provisions

  • | Wednesday | 24th July, 2019

A large number of tenants voiced their concerns over the draft Model Tenancy Act, terming it pro-landlord and anti-tenants. Participants were unanimous that the Model Tenant Act should not be imposed on Maharashtra as state has already got its own Rent Control Act. Advocate Prerak Chaudhry told DNA,’’ The Model Rent Act is anti-tenant and we strongly oppose it. It seeks to repeal the existing Rent Act in Maharashtra without appropriate safeguards for pugree tenants and tenants protected under the old law. Tenants from the state want that Maharashtra Rent Control Act, 2000 should not be repealed,’’ he noted.

A large number of tenants voiced their concerns over the draft Model Tenancy Act, terming it pro-landlord and anti-tenants. At a workshop organised by the Confederation of Tenants Associations of South Mumbai on late Monday evening, the participants said the Act is designed with a one-size-fits-all approach which will further harm the interest of tenants. The participants were unanimous that the Model Tenant Act should not be imposed on Maharashtra as the state has already got its own Rent Control Act which came into effect from the year 2000 after it was cleared by a joint select committee of the state Assembly. In Mumbai, in particular, most tenants cited that they have paid pugree, which was legalised by way of section 56 of Transfer of Property Act (1882), but in several cases there would be no proof of pugree. Most of the buildings in the city are owned by landlords where tenants are rented out on pugree basis but the landlords have made more money than the value of the property through repeated transfers. WHY ANTI-TENANT? Participants were unanimous that the Model Tenant Act should not be imposed on Maharashtra as state has already got its own Rent Control Act. In Mumbai, most tenants cited that they have paid pugree, which was legalised. Most buildings in city are owned by landlords where tenants are rented. Advocate Prerak Chaudhry told DNA,’’ The Model Rent Act is anti-tenant and we strongly oppose it. It seeks to repeal the existing Rent Act in Maharashtra without appropriate safeguards for pugree tenants and tenants protected under the old law. It permits landlords to charge whatever rent they want. The government has invited suggestions and we are sending our letter to the government requesting them not to bring the model law as it is.’’ He hoped that the Maharashtra government will not pass anti-tenant laws. Further, the Confederation’s president, Naresh Kapoor said the intention of the Model Tenancy Act is good as it has proposed rent to be decided mutually. ‘’However, it is wrongly drafted. There is a fear among tenants that it can be misused in Delhi, Tamil Nadu and couple of other states. Tenants from the state want that Maharashtra Rent Control Act, 2000 should not be repealed,’’ he noted. Tenant from south Mumbai, Mahendra Hemdev said as per the provisions of the Model Tenancy Act, landlords can ask for market rate and most of the earlier tenant protection would cease. This would result in unimaginable chaos and lakhs of litigations. ‘’With the growing number of dilapidated buildings, the government has to urgently formulate policies which are win win for tenants and landlords. Taking over and offering ownership seems to be the only solution to end the tenant landlord disputes and litigations,’’ he noted. However, BJP legislator Raj Purohit from Colaba constituency allayed fears among the tenants and said the state will not accept the Model Tenancy Act as it has its own rent control act. ‘’Already Chief Minister Devendra Fadnavis has made it amply clear that the government is committed to protect rights of tenants,’’ he noted.

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