Rent Control

Rent Control Department, Kalimpong

Introduction

  • The matters of Rent Control is dealt as per provisions laid down in the West Bengal Premises Tenancy Act, 1997. In short, the problem of rent and related matters between a Landlord and a Tenant is looked after by this Act. The Tenant is required to deposit his rent with the Rent Controller failing which he may be liable for eviction.
  • In Kalimpong, the Sub-Divisional Officer acts as the Rent Controller. The Rent Control Section of the Kalimpong Collectorate deals with this matter.
  • Premises under Govt./Semi- Govt./Autonomous bodies are excluded from this Act.
    Important Definitions
  • "Landlord" includes any person who, for the time being, is receiving, or is entitled to receive, the rent for any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant
  • "Tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises, and [in respect of premises let out for non-residential purpose his spouse, son, daughter and parent who were ordinarily living with the tenant up to the date of his death as members of his family, and were dependant on him or a person authorised by the tenant who is in possession of such premises] but shall not include any person against whom any decree or order for eviction has been made by a Court of competent jurisdiction:

a. Provided that the time-limit of five years shall not apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises.

b. Provided further that the son, daughter parent or the widow of the predeceased son of the tenant who was ordinarily residing with the tenant in the said premises up to the date of death of the tenant as a member of his family and was dependent on him and who does not own or occupy any residential premises, shall have a right of preference for tenancy in a fresh agreement in respect of such premises [on condition of payment of fair rent].

c. This proviso shall apply mutatis mutandis to premises let out for non-residential purpose.

  •  "Premises" means any building or part of a building or any hut or part of a hut let separately, and includes—

a. the gardens, grounds and out-houses, if any, appertaining thereto, and

b. any furniture supplied by the landlord or any fittings or fixtures affixed, for the use of the tenant in such building or part of a building or hut or part of a hut, but does not include a room in a hotel or a lodging house.

Keynote

  • In the Act, some obligatory provisions are there for the Landlord and the Tenant
  • The protection of the Tenant against eviction has also been included.
  • The Controller may, on application made to him either by the landlord or by the tenant in the prescribed manner, fix the fair rent in respect of any premises in accordance with the provisions of this Act.
  • The fair rent initially fixed shall be automatically increased by five per cent every three years unless otherwise directed by the Govt.
  • Where the landlord does not accept any rent tendered by the tenant within the prescribed period, the tenant shall remit the rent to the landlord by postal money order within fifteen days of such refusal. If it is returned to the tenant by the postal authority as undelivered, either on account of the landlord having refused to accept the payment thereof or for any other reason, the tenant may deposit such rent with the Controller within fifteen days from the date on which it is so returned to the tenant.
  • The Controller shall, if he is satisfied that the applicant is the person entitled to receive the rent deposited, by order, direct the payment of the amount of the rent to him.
  • The tenant and every sub-tenant to whom the premises is sublet, shall give notice to the landlord in the prescribed manner of the creation of the sub-tenancy within one month from the date of such subletting and shall, in the pre-scribed manner, notify the termination of such subtenancy within one month of such termination.
  • No landlord, either himself or through any person purporting to act on his behalf, shall, without any prior permission of the Controller, cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let out to him.
  • Tenant may get supply of electricity to the premises without permission of the landlord.
  • No suit, prosecution of other legal proceeding shall lie against any officer of the Government for anything in good faith done or intended to be done under this Act and the rules made thereunder.

Important Contacts-

District Magistrate, Kalimpong: 03552-255009(office), 03552-255264(Fax), O3552-255576,03552-255577(Res.), dmkalimpong2017@gmail.com• Sub-Divisional Officer, Kalimpong: 03552-255007, sdokalimpong@gmail.com