The tenancy agreement, and informing the Rent Authority of it, under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021

After the Act commenced, premises it applies to are let or taken on rent only by an agreement in writing, which the landlord and tenant jointly inform to the Rent Authority in the form the Act's First Schedule specifies, within the period the Act fixes — save that a short residential tenancy need not be informed. The Act states that; what follows where they fail to inform jointly; how a tenancy from before the Act is brought in; and the ceiling on the security deposit. The First Schedule's form is not read for this section.

What such a document contains

In writing, and informed to the Rent Authority jointly
No person lets or takes on rent any premises except by an agreement in writing, which the landlord and tenant jointly inform to the Rent Authority in the form specified in the Act's First Schedule within the period the sub-section fixes; a residential tenancy for less than twelve months need not be informedSection 4(1), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
Informed separately where the two fail to inform jointly
Where the landlord and tenant fail to jointly inform the Rent Authority of the agreement, each separately informs the Authority within the further period the sub-section fixesSection 4(2), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
A tenancy from before the Act is brought in too
Where a written agreement for an earlier tenancy exists, the two jointly present a copy to the Rent Authority; where none was made, they enter into one and present it; where they fail to, each separately files the particulars in the First Schedule's form — and a landlord who has filed while the tenant has not may apply for eviction on that ground aloneSection 4(3), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
The ceiling on the security deposit
The security deposit paid in advance is what the landlord and tenant agree in the tenancy agreement, not exceeding two months' rent for residential premises and six months' rent for non-residential premisesSection 11(1), Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)
The rent, the term, the deposit and the premises
The premises, the parties, the rent and when it is paid, the term, the deposit and the conditions of the tenancy. The First Schedule's form prescribes what is informed and is not read for this section; such agreements carry theseConvention 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

  • Jointly, within two months of the date of the tenancy agreement; where that fails, separately within one month of the end of that period; for a tenancy from before the Act, within three months of the Act's commencement, and separately within one month after that where the two fail to present jointly or to agree — Section 4, Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act 16 of 2021)

Not established

  • The form in which the agreement and its documents are informed to the Rent Authority is the Act's First Schedule, and the manner of submission — including the digital platform the Act provides for — is prescribed by rules. Neither is read for this section, so what the form asks for is not described here.
  • 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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