Bare ActsThe Kerala Buildings (Lease and Rent Control) Act, 1965

Section 1965

P:,ge

Amendment status not verified — confirm the current text below against the official source.

P:,ge ....:? . •., 21 21 21 21 21 22 22 22 23 23 23 23 2? 24 25 25_ 26 ii .l to be binding on sub- h I roccedings have to be a rainst legal representative 111111 nl' f'air rent szw motu by Court l 11\ , , 111 111akc rules 111111c-1 1,11n of action taken in good fiith I I to, ,111rn1 of possession in certain cases ,1 11,w, .md Hp ial provision . Ll1, ,'tludul<· l 1 I I ' ' f. j J ! I r I I :J ."f 3 ( :.i.) The Government may, by · notificatfon. in the Gazette appoi11r ..riny officer not below the rank of a Tahsikfm- to be the Aecom: mo lalio Controller for any area to which this Act applies .. , - _ . . - C"?]The _AccommodationController shall exercise his: powers and pe,r:ttorm his fl\nctions subject to such gener,al directions as the Governn,".lent .inay issue. . _ · - . . · 4. _ .Notice of vacancj.-(1) (a) Every landlord may within fifteen ?ays be::f,,..::irecompletion and shall, within fifteen days after the construc- 110:1?r tTJC-construction of a building intended to be let out or after a ?uildm;g,:becomes Vacant by his ceasing to occupy it,, or by the termina-- tion of""· tenancy, or by release from requisition by the Government or any otl:v?r co:n:?p'·cent authority, give notice of die availability or vacanc1f_.1n_wntmg- to the Acc?mmodationContvoBcr. Every.tenant shall •V;.'.thrnfifr•,cn days of. his vacating a buildingoccupied by him give no,1t·_:i,ce of the same in wnt111g to the AccommodationController : Pr@'\sl'"ided. that this sub-section shall not apply to a building in respect '!;.i which· the la?dlord. has obt'lined an order for possession. on any. of t??e grounds spe?ified rn sub-section.(3)? .clause (iv) of sub- section {/1±)and sub-sections (7) and (8) ofsection B. - - . . (l1•) Every notice given under. clause (a) :shall -contaiil:such parucu.i;;Eu,rs as may be prescribed. _ : . (2) :I£thejenantof a building.purs ?oth<c1:,?1l!l3:,;0cc?atro thereofamd does_ .not re-occupy. it withi7-! -a ?imtl,ofthree,months \hen, o:nc: the expiry of such period, th!: •. tenanc?i:sha.U be deemed t; have tcir:1'¥llinated anc] it shall be the duty of the t?nt? and also of the la??lordis,if he• ii.· aware of_such termination, to give notice: :thereofi:n. wnt1!11r? - the AccommodationController wit.qin--:fift-een days of such termmavt,,"'1ion: ·. · Prow-ided th'at,the tena?t may, before the expi_r,yof three months,, a?ply ro. th_, Accammodat,onControlle, to r.,_..,,,,py th, buildin,; wrthm ??penod of- six months and _if sucli permission is granted, tfi.aS'. sub-sectaron shall have effect as-.. 1f for the period of three months_. specified_ thec,in, a period of six ?ed. ExJX&nation;_._T'his sub-se?: shall not apply whe1:e'-the building has beeir,1-:..sub-let by _a tenant entitled to do so, after giving due hoti?e to tli ·: AkccommodauonController under sub-section (I) and in con-.:. fo.rrr.:'v ·-;.vith the pro1visions of this section. , Et) If within fifteen days of the receipt by ·the Accom;0:c-:,'._,.ti011 ControH,•;t?r o[ a notice under su.b?se?tion(1) or sub-secti?n (2), the; Acoomrrmodat,on Contcollec docs not mtunate to d,e landlord m writing that the ,})lulding 1s required for the purpose of the State or Central · Govcrn:r.m1ent or of any local authority or of any public institution or for the ,,.,,cupation of any office,· of such Govecnment, or J0<al authority -------?-------- A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub- tenant; "i::rescribed" means prescribed by rules mad- under this "Reni Control Court" means the court constituted under \ ., 1ly fittings or machinery belongingto the iandlord,affixed iln J in such building, or part of such building and intended d liy the tenant for or in connection with the purpose for 11bqilding or part of such building is let or to be let]; '' AccommodationController'' means any person appointed 11 tli · functions of an AccommodationController under this "landlord" includes the person who is receiving or is 111 1 rceive the rent of a building, whether on his own account 1 ill uf. another or on behalf of himself and others or as an 11 11• • executor;-- administrator,:receiver or guardian or who , "T rive the rent or be entitled to receive the rent, if the rre let to a tenant. (li) "tenant'' means any_- person by; whom or on whose r 11t is payable for a buildingand includes-- (,) the heir or heirs of-a deceased tenant, and (ii) a person continuing in possession after the termination of 111·yin his favour. But does not include a Kudikidappukaran d in the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1 ,L person placed in occupatioJ?,of a building by its tenant, 0.- 1 lo whom the collection of rents or fees in a public market, 11d or slaughterhouse or of rents for shops has been framed out cJ hy a Municipal Council, Municipal · Corporation,Township II e or Panchayat; 7) "unconscionable rent·" means any rent which is more than 1hr. maximum of the fair rent that could be fixed for a building rtion

Section 1965 – The Kerala Buildings (Lease and Rent Control) Act, 1965 | DailyLaw.ai