Application to the Rent Authority for eviction under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021

A tenant of premises the Act applies to is not evicted during the continuance of the tenancy agreement, unless the landlord and tenant have agreed otherwise in writing, except on an order of the Rent Authority made on the landlord's application, in the manner prescribed, on one or more of the grounds the section lists. The Act states the authority, the grounds, that a notice of demand precedes an application on the ground of arrears, and a waiting period where the landlord bought the premises with the tenant already in them. The Act applies to the urban areas its first section lists and any area the State Government notifies; the form of the application is a matter for the rules.

What such a document contains

No eviction during the tenancy agreement except under the Act
A tenant is not evicted during the continuance of the tenancy agreement, unless the landlord and tenant have agreed otherwise in writing, except in accordance with the section's second sub-section or the section on eviction the Act names beside itSection 21(1), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
An application by the landlord to the Rent Authority, in the manner prescribed
The Rent Authority may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the grounds the sub-section listsSection 21(2), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
A ground the section lists
The tenant does not agree to pay the rent payable under the Act; arrears of rent and other charges for the consecutive months the clause states not paid within the window after a notice of demand; possession of the whole or part of the premises parted with, after the Act commenced, without the landlord's written consent — a change of a tenant firm's proprietor or partners without the landlord's prior written endorsement counts; or continued misuse of the premises after a notice from the landlord — among the grounds the sub-section sets outSection 21(2), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
On the ground of arrears, a notice of demand served first
The arrears ground rests on a notice of demand for payment of the arrears of rent and other charges payable to the landlord having been served on the tenant, and the arrears with interest not paid in full within the window the clause fixes from its serviceSection 21(2)(b), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
The particulars of the premises, the parties and the tenancy
The premises, the landlord and the tenant, the rent and the terms of the tenancy, and the facts the application rests on. Such documents carry these; the prescribed form is not read for this sectionConvention rather than law

This document is under Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021), which is the Act in force in Uttar Pradesh. A tenancy in another State is under that State's own Act.

The periods that attach to it

  • The arrears ground is arrears of rent and other charges payable under the Act for two consecutive months, with the interest for delayed payment the tenancy agreement specifies, not paid in full within one month from the date the notice of demand was served. For a tenant serving in the armed forces under the conditions the proviso names, or the heirs of one who died by enemy action while so serving, the two months read as one year — Section 21(2)(b), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
  • Where the landlord acquired the premises by sale deed after the Act commenced, with the tenant already in occupation, no application for recovery of possession is made under the section until one year has passed from the acquisition or the tenancy agreement with the former landlord has expired, whichever is earlier; and the landlord informs the tenant of the acquisition within one month of it — Section 21(1), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)

Not established

  • The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 states what the application is for and what it rests on. The form it takes, and the manner in which it is presented, are set by rules made under the Act by the State, and those rules are not established here.
  • The Act requires a notice of demand for the arrears before an application on that ground and counts the tenant's window from the date it is served; the section read does not say how it is served. The rules under the Act are not established here, so the manner of service is not.
  • The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 applies to the areas it names or the State Government notifies, and not to every premises inside them — it exempts the classes its own sections and notifications exempt. Whether a particular premises is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, four are fixed by the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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