Assam Tenancy Act 2021: All You Need To Know

Assam became the first state in India to implement the Tenancy Act as the state assembly passed the Assam Tenancy Bill 2021.

The 'Assam Tenancy Bill, 2021' was introduced by Minister of Parliamentary Affairs Pijush Hazarika, on behalf of Minister of Urban Development Ashok Singhal. It would further repeal the Assam Urban Areas Rent Control Act, 1972.

The bill received the assent of the Governor on September 23rd, 2021.

According to newly introduced 'Assam Tenancy Bill, 2021', artificial cap in fixing the rent would be repealed while both parties- landlord and the tenant shall have to decide it through a mutual agreement and mitigation.

Keeping in mind the long impending property disputes and civil cases in the state, the 'Assam Tenancy Bill, 2021' would simplify the procedures of tenancy in the state along with, resolve disputes between both the parties. The bill would also establish a rent authority, a rent court, and a rent appellate at the district level to keep a check on tenancy norms.

Act not to apply to certain premises

 The act does not apply to premises such premises owned or promoted by the central government or state government or a government undertaking or enterprise or a statutory body or cantonment board.

 Premises owned by a company, university or organization premises owned by a company, University or organisation given on rent to its employees as part of service contract;

 premises owned by religious or charitable institutions as may be specified, by notification by the State Government;

Notwithstanding anything contained in sub-section (1), if the owner and tenant of the premises referred to in clause (a) to clause (e) of the said sub-section agrees that the tenancy agreement entered into between such landlord and tenant be regulated under the provisions of this Act, such landlord may inform the Rent Authority of the agreement to do so at the time of information of the tenancy agreement under section 4

Tenancy agreement

 Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement.

 Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section ( l), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1).

 The Rent Authority shall, within three months from the date of its appointment, put in place a digital platform in the local vernacular language or the language of the State for enabling submissions of document in such form and manner as may be prescribed.

 The Rent Authority shall, after rece1vmg information about the execution of tenancy agreement along with the documents specified in the First Schedule,-

(a) provide a unique identification number to the parties; and

(b) upload the details of the tenancy agreement on its website in local vernacular language or the language of the State, with n seven working days from the date of receipt of such information, in such manner along with such documents as it may deem fit.

 The terms of authorisation of the property manager, if any, by the landlord to deal with the tenant shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement.

 The information provided under sub-section (1) and sub-section (2) above shall be conclusive proof of the facts relating to tenancy and matters connected therewith, and in the absence of any statement of information, the landlord and the tenant shall not be entitled to any relief under the provisions of this Act.

Period of tenancy

 Every tenancy entered into after the commencement of this Act shall be valid for a period as agreed upon between the landlord and the tenant and as specified in the tenancy agreement.

 The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.

 Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23.

 Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated is affected by any disastrous event of force majeure, then, subject to requisition by the tenant, the landlord shall allow the tenant to continue in possession of the said premises till a period of one month from the date of cessation of such disastrous event on the same terms and conditions of the tenancy agreement already entered into.

Explanation.- For the purposes of this section, "force majeure" means a situation of war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent.

Rights and obligations of successor in the case of death

 The tenns of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of landlord or tenant, as the case may be, and in such case, successors of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.

Restriction on sub-letting

 After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement,-

(a) sub-let whole or part of the premises held by him as a tenant;

(b) transfer or assign his rights in the tenancy agreement or any part thereof

 Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (I), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the Form specified in the First Schedule.

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