West
Bengal Premises Tenancy Bill
The
state Assembly has passed on 26th November 1997 the West
Bengal Premises Tenancy
Bill , 1996, after its modification by the Select Committee , making
contracts legally binding
on tenants beyond certain
rent cut-offs.
As
the new legislation develops out of
the Bill , it will apply to
residential and
commercial tenants in
equal measure .
The
Provision giving
legal teeth to
contracts will be triggered at a monthly rent of Rs.
3,000 (commercial ) and Rs. 2,000(residential ) in Calcutta and Howrah and Rs. 1,500 and Rs. 1,000 elsewhere in the
state.
Tenants
at such rent cut-offs
will be bound by
contracts drawn up under
the Transfer of Property Act of 1984. A house
owner can reclaim
the area rented
out after serving
a notice on the tenant .
The
large section of tenants paying rents below these
levels will be untouched by
the contract provision . For
such tenants, the
Bill provides :-
(1) Those
occupying rented
premises for rover 20 years will
have to shell out four times
the rent he was paying on the
date he took possession ; (2) Occupants for
more than 10 but less than
20 years will pay double ;(3) Every three
years, the rent will automatically
rise 5 per cent ; and (4)
Ten per cent of the
rent will have to paid for maintenance . (5) Inheritance
of tenancy rights will
no longer be automatic for such tenants. The Bill
gives the
houseowner the option to
either enter into a contract with a tenants’ heir
after five
years from the
original tenant’s
death or take in a new tenant
.
The
will not, however , apply
where the wife is the heir .The bill
vests her with the right
to stay on as a
non-contract tenant till
death , provided she honours
all the newly-evolved norms.
The
Bill makes it easier for the houseowner
to evict a tenant
when he needs the
premises for his own use if he does not have suitable accommodation in
the same area .
Other than this, however , eviction remains as difficult as before for landlords whose tenants are not on contract .
CHARTER
OF RENT
EVICTION
:
1.
When the contract expires and is not renewed , tenants should
vacate within a month .
2.
If a tenant
dies, his direct legal heirs
living with
him or dependent
on him can stay on
only for five years .
3.
Landlord can
evict tenant for
his own accommodation . Landlord can claim immediate possession if he is a retired
government employee
of an ex-serviceman .
4.
A tenant can be evicted
if he fails to pay rent for three months
in a year.
5.
Subletting or immoral use
of premises will invite
eviction .
CHARGES
:
·
Tenants
should pay maintenance and amenities charges at the rate 10 percent of
the rent .
·
Landlord
cannot demand amounts exceeding
a month’s rent without the permission of the rent controller
.
·
If
landlord cuts off any essential
supply or service , he may have to pay damages of Rs. 5,000 to
the tenant.
