Application to the Rent Court for recovery of possession under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017

A tenant of premises the Act applies to is not evicted during the continuance of the tenancy agreement except on an order of the Rent Court, made on an application in the manner prescribed, on one or more of the grounds the section lists. The Act states the court, the grounds, that a notice of demand precedes an application on the ground of arrears and how that notice is served, and the window in which a tenant may still pay. The Act extends to the urban areas of the State and the Government may exclude areas or classes of buildings; 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 section
A tenant is not evicted during the continuance of the tenancy agreement except in accordance with the section's second sub-sectionSection 21(1), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
An application to the Rent Court, in the manner prescribed
The Rent Court may, on an application made to it in the manner prescribed, make an order for the recovery of possession of the premises on one or more of the grounds the sub-section listsSection 21(2), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
A ground the section lists
The landlord and tenant have failed to agree the rent payable under the Act; arrears of rent and other charges for the period 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; continued misuse of the premises after a notice to stop; or the premises required for repairs, rebuilding, additions or demolition that cannot be carried out while they are occupied — among the grounds the sub-section sets outSection 21(2), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
On the ground of arrears, a notice of demand served first
The arrears ground rests on a notice of demand for the arrears of rent and all charges payable, served on the tenant by the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882, and the arrears with interest not paid within the window the clause fixes from its serviceSection 21(2)(b), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
The notice of demand is in writing and signed
The notice is in writing, signed by or on behalf of the person giving itSection 106(4), Transfer of Property Act, 1882 (4 of 1882), as applied by Section 21(2)(b), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
It is served in one of the ways the section allows
Sent by post to the party intended to be bound by it, or tendered or delivered personally to that party or to one of their family or servants at their residence, or — where that tender or delivery is not practicable — affixed to a conspicuous part of the propertySection 106(4), Transfer of Property Act, 1882 (4 of 1882), as applied by Section 21(2)(b), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
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 Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017), which is the Act in force in Tamil Nadu. 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 months, with the interest for delayed payment the tenancy agreement specifies or the rules prescribe, not paid within one month of the notice of demand being served. No order for eviction on that ground is passed if the tenant pays the landlord, or deposits with the Rent Court, all the arrears with interest within one month of the notice being served — a relief not available again where the tenant defaults for two consecutive months in any one year after having it once — Section 21(2)(b), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)

Not established

  • The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 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 Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 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, six are fixed by the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017) 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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