Delhi Rent Control Act 1958
Section 1
- This Act may be called
- the Delhi Rent Control Act 1958
Extent
- It extends to
- areas within limits of New Delhi Municipal Committee
- areas within limits of Delhi Cantonment Board
- such urban areas within Municipal Corporation of Delhi limits
- as are specified in the First Schedule
Section 2 Definitions
(b)
- “Controller” means
- a Controller appointed u/s 35(1)
- and includes an Additional Controller
(c)
- “Fair rate” means
- fair rate fixed u/s 31
- and includes the rate revised u/s 32
(d)
- “Hotel or lodging house” means
- a building or part of a building
- where lodging with or without board or other services
- is provided for a monetary consideration
(e)
- “Landlord” means
- a person who is receiving or is entitled to receive
- the rent of any premises
- whether on his own account
- or on account of or on behalf of any other person
- or for benefit of any other person
(i)
- “premises” means
- any building which is, or is intended to be, let separately
- for use as a residence or for commercial use or for any other purpose
- and includes
- garden, grounds and outhouses, if any
- appertaining to such building and
- any furniture supplied by the landlord
- for use in such building
- but does not include
- a room in a hotel or lodging house
(k)
- “standard rent” means
- the standard rent referred to in section 6
- or where standard rent has been increased u/s 7: such increased rent
(l)
- “tenant” means
- any person by whom or on whose account
- rent of any premises is, or would be, payable
- and includes
(i)
- a sub-tenant
(ii)
- any person continuing in possession after termination of his tenancy
(iii)
- in the event of death of the person
- continuing in possession after termination of his tenancy:
- aforesaid person’s
- spouse
- son or daughter or both
- parents
- daughter-in-law
- being widow of his pre-deceased son
- ordinarily living in the premises with such person
- but does not include
(A)
- any person against whom
- an order or decree for eviction has been made
- except where such decree or order for eviction
- is liable to be re-opened under Amendment Act 1976
(B)
- any person
- to whom a license has been granted
Explanation I Order of succession
- The order of succession
- in the event of death of the person
- continuing in possession after termination of his tenancy
- shall be as follows:
- firstly
- his surviving spouse
- secondly
- his son or daughter or both
- if there is no surviving spouse
- or if the surviving spouse did not ordinarily live with the deceased person
- thirdly
- his parents
- if there is no surviving spouse, son or daughter
- or if any of them did not ordinarily live in the premises
- fourthly
- his widowed daughter-in-law
- if there is no surviving spouse, son, daughter or parents
- or if they did not ordinarily live in the premises
- his widowed daughter-in-law
- his parents
- his son or daughter or both
Explanation II
- If the person who acquires by succession
- the right to continue in possession after termination of tenancy
- was not financially dependent on the deceased person
- such successor shall acquire such right
- for a limited period of one year
- and on the expiry of that period
- or on his death, whichever is earlier
- the right of such successor
- to continue in possession after termination of tenancy
- shall become extinguished
Explanation III
- The right of every successor referred to in Explanation I
- to continue in possession after termination of tenancy
- shall be personal to him and
- shall not, on death of such successor, devolve on any of his heirs
Section 3 Non-applicability
This Act shall not apply
(a)
- to any premises belonging to Govt
- or to certain premises
(b)
- to any tenancy or other like relationship
- created by a grant from Govt
- in respect of premises taken on lease, or requisitioned, by Govt
Proviso
- Where any premises belonging to Govt
- have been lawfully let by any person
- by virtue of an agreement with Govt or otherwise
- then
- notwithstanding any judgment, decree or order of any court or authority
- provisions of this Act shall apply to such tenancy
Section 4 (1) Rent in excess of standard rent not recoverable
Notwithstanding any agreement to the contrary:
- no tenant shall be liable to pay to his landlord
- for occupation of any premises
- any amount in excess of the standard rent
- unless
- such amount is a lawful increase of the standard rent
- in accordance with this Act
Section 5 (1) Unlawful charges not to be claimed or received
Subject to this Act:
- No person shall claim or receive
- any rent in excess of the standard rent
- notwithstanding any agreement to the contrary
Section 5 (2)
- No person shall
- in consideration of grant, renewal or continuance of a tenancy or sub-tenancy
(a)
- receive payment of any sum
- as premium or pugree or
- receive any consideration whatsoever, in cash or in kind
- in addition to the rent
(b)
- except with previous permission of Controller:
- claim or receive payment of any sum
- exceeding one month’s rent of such premises
- as rent in advance
Section 6(1) Standard rent
- “Standard rent” in relation to any premises means
(A) In case of residential premises:
- Where such premises have been let out
- on or after 2nd June 1944..
(a)
- Where rent of premises has been fixed
- under Rent Control Acts of 1947 or 1952:
- If such rent per annum does not exceed 1200 rupees
- the rent so fixed
- If such rent per annum exceeds 1200 rupees
- rent so fixed together with ten percent of such rent
(b)
- In any other case:
- rent calculated on the basis of
- 10% per annum of the aggregate amount of
- cost of construction and
- market price of the land comprised in the premises on the date of commencement of construction
(B) In case of other than residential premises:
- Where premises have been let out
- on or after 2nd June 1944:
(a)
- Where rent of premises has been fixed
- under Rent Control Acts of 1947 or 1952:
- If such rent per annum does not exceed 1200 rupees
- the rent so fixed
- If such rent per annum exceeds 1200 rupees
- the rent so fixed together with 15% of such rent
(b)
- In any other case:
- rent calculated on the basis of
- 10% per annum of the aggregate amount of
- cost of construction and
- market price of the land comprised in the premises on date of commencement of construction
Section 6(2)
Notwithstanding anything in sub-section (1):
(b)
- In case of any premises, whether residential or not
- constructed on or after 9th June 1955
- but before 1.12.1988:
- annual rent calculated with reference to
- the rent agreed upon between landlord and tenant
- when such premises were first let out
- shall be deemed to be the standard rent
- for a period of five years from the date of such letting out
(c)
- In case of any premises, whether residential or not
- constructed on or after 01.12.1988
- and to which this Act is applicable by virtue of section 3(d)
- rent calculated on the basis of
- 10% per annum of the aggregate amount of
- actual cost of construction
- and market price of the land comprised in the premises on the date of commencement of construction
- shall be deemed to be the standard rent
Section 6(3)
For purposes of this section:
- residential premises include
- premises let out for the purpose of
- a public hospital, an educational institution, a public library, a reading room or an orphanage
Section 6A Revision of rent
Notwithstanding anything in this Act:
- Standard rent
- may be increased by 10% every three years
- Where no standard rent is fixed under this Act
- in respect of any premises
- rent agreed upon between the landlord and the tenant
- may be increased by 10% every three years
- Note: This section was inserted w.e.f. 1.12.1988
Section 8 (1) Notice of increase of rent
- Where a landlord wishes to increase rent
- he shall give the tenant notice
- of his intention to make the increase
- It shall be due and recoverable
- only so far as such increase is lawful under this Act
- and only in respect of the period of tenancy
- after expiry of 30 days from the date on which notice is given
Section 8(2)
- Every such notice shall be in writing
- signed by or on behalf of the landlord
- and given as provided in section 106 of the Transfer of Property Act
Section 9 (1) Controller to fix standard rent
- Controller shall, on an application
- either by the landlord or by the tenant
- fix in respect of any premises
- the standard rent referred to in section 6
- the increase, if any, referred to in section7
Section 9(2)
- In fixing standard rent of any premises
- or the lawful increase thereof
- Controller shall fix an amount
- which appears to him to be reasonable
- having regard to sections 6 or 7 and circumstances of the case
Section 9 (3)
- In fixing standard rent of any premises
- part of which has been lawfully sub-let
- Controller may also fix standard rent
- of the part sub-let
Section 9 (4)
- Where it is not possible
- to determine standard rent of any premises on principles set forth u/s 6
- Controller may fix such rent as would be reasonable
- having regard
- to the situation, locality and condition of the premises
- and the amenities provided therein
- and also to the standard rent payable in respect of similar or nearly similar premises in the locality
- to the situation, locality and condition of the premises
Section 9 (5)
- Standard rent shall in all cases
- be fixed for a tenancy of twelve months
Where any premises are let for less than 12 months:
- standard rent for such tenancy
- shall bear the same proportion to the annual standard rent
- as the period of tenancy bears to twelve months
Section 9 (6)
In fixing standard rent of any premises:
- Controller shall fix the standard rent thereof
- in an unfurnished state
- and may also determine an additional charge
- to be payable on account of any fittings or furniture supplied by the landlord
- and it shall be lawful for the landlord
- to recover such additional charge from the tenant
Section 9 (7)
In fixing standard rent of any premises:
- Controller shall specify a date
- from which the standard rent so fixed
- shall be deemed to have effect
- But, in no case the date so specified
- shall be earlier than one year
- prior of the date of filing of application for fixation of standard rent