West Bengal

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.