How to draft the rent deed under the Punjab Rented Tenancy Act, 2009 that regulates the relationship between the landlord and the tenant. This law provides the mechanism for the settlement of their disputes. The creation of the tenancy should be through the agreement and we will learn how to draft the rent agreement, whereas, the section 6 of Punjab Rented Tenancy Act provide the guideline about the content of the agreement as under;
Content of the Agreement:
- Particulars of the landlord and the tenant.
- Description of the rented premises.
- Period of the tenancy.
- Rate of the rent, percentage of the enhancement in the rate of the rent, due date, and mode of the payment of the rented amount.
- Particulars of the Bank Account of the landlord if needed.
- The purpose for which the premises is let out.
- Amount of some advance as security.
How to Register the Rent Agreement:
- A landlord shall not let out premises to a tenant except by a tenancy agreement.
- A landlord shall present the tenancy agreement before the Rent Registrar.
- The Rent Registrar shall enter the particulars of the tenancy in a register, affix his official seal on the tenancy agreement, retain a copy and return the original agreement to the landlord.
- A certified copy should be proof of the tenancy.
Draft of the rent deed:
This indenture made on the 1st January, 0000 Anna Domini between (Name, Parentage, and Address) (hereinafter called the landlord) of (Area, Kind and Address of the property which needed to be rent out) on the one part and (Name, Parentage, and Address), which expression shall where the context so admits include their successors in interest or assignees of other parts (hereinafter called tenants).
WITNESS AS FOLLOWS:
Whereas the landlord is an owner of a building/property situated at ————————————-, and whereas the landlord/owner is desirous of leasing one of its portions i.e. one room on the first floor. The landlord/owner has agreed to give and the tenants have agreed to take on lease the said portion of the building on terms and condition hereinafter reserved and contained in this deed at a monthly rent of Rs:000000/- (Rupees —————-). The landlord hereby demised up to the tenants the premises described above for a period of one year less one day commencing from the 1st day of January, 0000. Hereinafter to hold the same up to the said tenants for the said period the landlord does hereby covenant with the tenants in the manner detailed as under:-
- That the tenants shall pay Rs:0000/- (Rupees ———- only) per month as the rent of the portion detailed and mentioned above.
- That the tenants shall pay Rs:0000/- (Rupees —————) per month as Water Charges to the landlord regularly, and shall pay also all the electricity and Gas charges for the energy and gas consumed by them in respect of the demised premises and if in any case the landlord is forced or compelled to make such payments in that eventuality landlord shall be entitled to recover the same from the tenants.
- The tenants shall pay monthly rent in advance before the 10th of every month and the landlord shall issue a proper receipt of such payment and no verbal transaction shall be considered legal and valid tender.
- That the tenants shall not be entitled to sublet the leased premises or any part thereof. Any act done by the tenant in this respect shall be liable to forthwith ejectment from the premises in question.
- That the landlord or any of his agents shall have the right to enter into or upon the leased premises during the day time in order to satisfy him with regard to the condition of the leased premises and the tenants shall afford all reasonable facilities to enable the landlord to do so.
- That the tenants shall not in any manner construct or erect any structure in order to change its existing position of the leased premises and in case of any violation of the terms and conditions shall entail the liability of ejectment on the part of the tenant.
- That the tenant shall use the said premises for personal use and not for any other manner whatsoever as it may be.
- That the tenants shall be entitled to ask for the annual repairs and whitewashing once in each year.
- That the tenants shall not create or cause to create any trouble, hindrance or inconvenience in any manner for the others and will not block the common passage or the stairs on the common court-yard or entrance and the tenants will be responsible for all the moral and legal consequences.
- That after the one year the agreed monthly rent shall stand enhanced by 10% after the end of each year (12 months). No notice of enhancement shall be served on the tenant. This clause shall remain operative until such time that the possession of the demised premises is delivered back to the Landlord. Default in payment of enhanced rent shall be treated as a default in payment of the rent.
- In case the tenancy extends beyond three years it is stipulated that the Landlord and tenant may, through mutual consent agree to enhance rent in addition to the conditions herein.
- That after the termination of the period of the lease the tenants shall peacefully deliver the possession of the demised premises in good condition to the landlord. In case the tenant does not do so, the landlord shall be entitled to eject them forthwith without giving any notice and also recover from them the damages for the period the tenants hold over and for the inconvenience, caused to the landlord.
- Provided always and it is hereby agreed that any of Government therein contained on the tenants part are not fulfilled or if the tenants go bankrupt or enter composition scheme with his creditors then in any of the said cases, it shall be lawful for the landlord at any time hereinafter to enter upon the demised premises or any part thereof in the name of the landlord and thereupon the said lease will be terminated forthwith.
- The rent deed is valid from 1st January, 0000 to 00.00.0000.
- That the rupee one hundred thousand (Rs:00000/-) has been received as a security amount.
In witness whereof, the parties to this agreement have hereunto set their hands on this ______day of 0000.
This agreement may be terminate with consent, expiry of the time period or through ejectment petition by landlord.