Rental Guide

Tenancy(Rental) agreement

The tenancy(rental) agreement is a legally binding contract between you, the tenant or "lessee", and the owner. It sets out the terms of your agreement. You should always sign a tenancy agreement, even if you are renting from a friend. That way, you are clear on who is responsible for what from the beginning.

• Types of tenancy
• Tenant's rights & responsibilities
• Owner's rights & responsibilities

Types of tenancy

There are two basic types of tenancy in India.

Assured Short hold Tenancy - Now, all private sector tenancies are deemed to be short hold tenancies unless the agreement states otherwise. This was done to encourage more private letting's, since a owner can repossess the property if need be.

• No minimum duration required
• The agreement requires only that the duration of term, amount and frequency of rent payments be stipulated
• Owners usually have right to raise rent, normally at end of the year
• If a owner wants to repossess the property, he must give two months written notice to tenant.
  

Fixed Term Assured Tenancy -the owner and tenant agree a rent amount that will stay the same through the term of the contract unless both agree to change it. The owner can raise the rent at the end of the fixed term only if he gives the tenant written notice at least one month prior to initiating the increase.

Contractual Periodic Tenancy - Tenants have no right to a fixed fair rate for rent, but they also have no fixed term, so can stay on indefinitely.

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Tenant's rights & responsibilities

Every agreement is different, but this sets out the basic rights and responsibilities that should be included in your agreement.

Responsible for...

• Paying Rent on time
• Repairing damages caused by you or those living with you
• Paying household bills (electricity, water, etc)
• Keeping house secure (setting alarm, locking doors, etc.)
• Keeping house clean and tidy
• Returning property in same state as you found it at beginning of tenancy
• Insuring your own content against damage.

Right to...

Quiet enjoyment the property. This covers a lot of ground, but it essentially means the owner cannot come in unannounced. He also cannot...

• Change locks without giving you warning and new keys
• Cut off utilities
• Tamper with your mail or possessions
• Verbally or physically threaten or abuse you
• Enter your home while you are out
• Neglect the property
• Prevent your friends from visiting.

Use the property as a tenant, and treat it as your home (run as a business premises if owner permits, don't use it for illegal activities, etc.)

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Owner's rights and responsibilities

While every agreement is different, the list below is a brief overview of the Owner's terms.

Responsible for...

Repairs and maintenance of property (he cannot charge tenant if damage not caused by tenant)

• Insure property is clean, tidy, and safe when tenant moves in
• Insure property is secure - locks and alarms installed
• Utilities are good repair - plumbing, heating work
• Property is in good working order
• Fabric and structure of building is safe and sound

Informing tenant he or she needs to enter home (24 hours notice is usually considered sufficient)

Returning tenant's deposit at the end of your tenure.

Right to...

• Enter property with appropriate notification
• Collect overdue rent payments
• Seek possession of the property if you or someone living with you has damaged it.

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