Rent control legislation in practice

[rettin750]

Rent control legislation has been in operation in various developed and developing countries since the First World War. Despite recognition of their adverse impact on the provision of rental housing and the adequate maintenance of buildings, it has not been possible to scrap the legislation from the statue books. In many pats of the country this law is totally outdated and of no use.

The basic objective of the rent control legislation in India is to ensure reasonable rents and security of tenure for tenants. It seeks to reconcile the interests of the landlords and the tenants in a situation of housing scarcity and serves as a welfare measure to assist the poorer households to reside in affordable shelters. The legislations were enforced in the post Second World War period as a temporary measure to cater to the then prevailing housing crisis, but strangely it outlasted successive state governments.

These legislations usually apply to all residential and non-residential premises in urban areas except those belonging to the government and the local authorities. The Acts in various states seek to fix a ‘fair’ or ‘standard’ rent and to protect the tenants against arbitrary eviction by the ‘landlords’. It also provides for recovery of possession by the landlords in specified circumstances.

The legislation in some states like Kerala provides for a rent control holiday for a limited number of years for all new premises, and also for premises carrying rent above a particular amount. When considering the proliferation of apartments and homes Kerala state is witnessing a spurt in investment into this sector mainly due to the rising rentals for both residential and commercial spaces.

[momopi]

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