It’s a noble initiative on the part
of the government to table the Tenancy Act for amendment as it concerns with
almost half the population in the country. Tenancy Act enacted in 2004 has
failed to serve the intended purpose for various reasons. Unless, some concrete
measures or shortfalls are addressed adequately, even if the Act is amended, it
may not serve the much needed remediation. It is learned that the main reason
for failure is on the implementation part. However, there are also other
grounds which require equal attention for the successful implementation of
Tenancy Act.
Being a tenant myself for many
years, I feel that the following issues are required to be addressed for effective
implementation of Tenancy Act;
1. Among the beneficiaries of Tenancy Act, people
living in towns constitute the major part. It is imperative that focus must be
given in the context urban population. With little additional manpower, the
existing Thromdeys or municipal offices should able take the responsibility of
effective implementation. A dispute settlement body should also be constituted
amongst the officers of a municipal office. Effective mechanism to implement
and the system of check and balance should also be in place.
2. Although the cardinal rule of demand & supply
should prevail in a market, the rental business should not be left to its own
tune like other commodities as it matters with the basic necessities and welfare
of the people. When the supplies outstrip demands, the house rents are automatically
checked. But such situation is highly unlikely to take place in general looking
at the scenario and trends. While it is understandable that owners need to pay
to the bank for the loans they have availed to built buildings, it’s in most cases
the owners are overtaken by greed to have more. The desire to liquidate loans
in a short period of time at the cost of underprivileged tenants has also been
a common practice. As there’s no dearth of tenant (not because one can pay but
out of no choice), owners hike rents as and when they wishes. Certain frame
work of guidelines should be drawn to avoid unreasonable hike of rent by the
owners at their whims.
3. In most cases, it’s the owners who would choose
not to draw agreements with tenants for some obvious reasons. A tenant cannot
ask the owner for entering into an agreement as it would take to mean aggression
or imply challenging the owner. Therefore, a system should be developed wherein
the owners should be responsible for drawing agreement with tenants. This can
be regulated by the concerned municipal offices. A mandatory record of copy of tenancy
agreements should also be maintained at the municipal offices. Certain
penalties should be levied who fail to draw the agreements.
4. The existing Tenancy Act requires specifying
duration of a rental agreement. This I think should be done away with as this condition
would give the owners the liberty to evict the existing tenant and hike the
rent at his whims when next tenant is entered. Besides, such condition would
also pose difficulty to the tenant as he would have to find flat elsewhere
after the expiry of agreement, which, in most cases is not easy to get one.
5. The termination of agreement or eviction should be
effected only on conditions when a tenant is transferred; when tenant misbehave
or pose threat to the neighbors; when the owner wanted to take the flat for his
own use; when the tenant did not pay the rent on time; and on other such similar
conditions.
6. Under no circumstance except as mentioned above
should the tenant subject to eviction by owners. This is important as most tenants
deprive of secure and peaceful home stay due to harassment and threat of eviction
by owners for no apparent reasons.
7. In some places, owners give the responsibilities
of renting a building to a caretaker. The caretaker, at his whims, fixes the
rent abnormally high and takes the advantage at the mercy of tenant. This
duplication of renting and re-renting should be stopped.
8. For the convenience of the owners and for those
who are looking for house, it’s also desirable to have a centralized
information system where an owner can advertise any vacant flats and where
tenant can find a flat easily. Preferably a website dedicated for this cause should
be launched by the concerned offices. This should be for free of costs as it
may not attract the owners to come forth for advertisement.
9. I have witnessed an incident where a tenant was
forced to vacate the flat after she talked against an owner on the certain
amount of fee the owners asked the tenant to pay. The tenant had no option but to
vacate. Apart from rent, owners should not collect any forms of fees or
contribution. Some owners are found collecting inflated water & electric bills,
other fees for miscellaneous services such as cleaning of building etc. To curb
such ill practices, certain penalty should also be provisioned.
10.With the present circumstance, a tenant cannot demand
the owner to rectify certain defects in a rented apartment. It’s less bothered
by owners irrespective what needs to be maintained in a flat. The tenant should
be empowered with certain rights to decent living conditions such as proper maintenance
of house and other services.
11.To cut the expenditure, most owners do not plan
the sanitary and water supply scheme properly. As a result, the tenant faces the
difficulty of water shortage due to poor planning and other associated problems.
The municipal offices should ensure that such problems are addressed adequately.
For some, Tenancy Act may not make difference
but most people who are at the lowest denominator in terms of financial income
which in fact constitutes the major part of tenant population would be greatly
benefited. Therefore, it’s my hope that the present government’s initiation of
amendment of Tenancy Act would help many innocent people to alleviate their
sufferings because of skyrocketing house rent and harassment from owners.
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