Girija Vel: 21.The controversy is narrow. According to the landlady, after the advent of the TNRRLT Act 2017, there was no written tenancy agreement; hence she is entitled to repossession under Section 4(2)(a) of the TNRRLT Act. The tenants, to rebut her claim, had to produce and prove an agreement. The document produced was not received in
[09/01, 08:52] Girija Vel: 21.The controversy is narrow. According to the landlady, after the
advent of the TNRRLT Act 2017, there was no written tenancy
agreement; hence she is entitled to repossession under Section 4(2)(a) of
the TNRRLT Act. The tenants, to rebut her claim, had to produce and
prove an agreement. The document produced was not received in
evidence owing to the bar of Section 35 of the Stamp Act, the petitioners
having failed to pay duty and penalty. Thus, the tenancy agreement relied
on is inadmissible and cannot be used for any purpose. Consequently, it
is deemed in law that no tenancy agreement exists within the meaning of
Section 4 of the TNRRLT Act. The eviction orders passed by the courts
below are in accordance with law and require no interference.
22. It is further noticed that during the pendency of this revisio
[09/01, 08:52] Girija Vel: Key Provisions of Section 4:
Written Agreements Mandatory: After the Act’s commencement, all new tenancies must have a written agreement.
Registration with Rent Authority: Landlords and tenants must jointly submit the agreement to the Rent Authority for registration.
Timelines: Agreements must be registered within 90 days of execution, with specific provisions for pre-existing tenancies requiring registration within a set period.
Enforceability: Unregistered agreements, especially after the stipulated periods, become problematic, potentially leading to eviction issues under other sections, even if the tenant is willing to comply.
Digital Portal: The Rent Authority uploads tenancy details online for public access after registration.