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Comparative Tenancy Laws: India & USA

This paper compares tenancy acts in India, the US, and the UK. It notes that rental housing is important due to urbanization and housing shortages in India. While the government aims to promote affordable housing, many cannot afford to own or rent homes. Tenancy laws are decided by individual Indian states, though the national government can provide guidance. There is debate around rent control laws, as proponents argue they prevent excessive rents and evictions, while opponents say they reduce housing supply. The paper conducts a brief study of the tenancy acts and related case laws in the three countries to identify weaknesses in the Indian act and potential improvements.

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Divyansh Bhargava
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54 views1 page

Comparative Tenancy Laws: India & USA

This paper compares tenancy acts in India, the US, and the UK. It notes that rental housing is important due to urbanization and housing shortages in India. While the government aims to promote affordable housing, many cannot afford to own or rent homes. Tenancy laws are decided by individual Indian states, though the national government can provide guidance. There is debate around rent control laws, as proponents argue they prevent excessive rents and evictions, while opponents say they reduce housing supply. The paper conducts a brief study of the tenancy acts and related case laws in the three countries to identify weaknesses in the Indian act and potential improvements.

Uploaded by

Divyansh Bhargava
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

ABSTRACT

COMPARATIVE ANALYSIS OF TENANCY ACTS OF INDIA, U.S.A & U.K.

“Housing is one of the basic necessities of life. The rapid pace of urbanization in India has
resulted in severe shortage of housing. People go for rental housing because low-income or
people are not ready to build their own house. In spite of government’s prime consideration to
affordable housing, many poor households live in congested conditions, which indicates that
housing is unaffordable for a large section of population, be it ownership or rental.”

“Rental housing is a subject on which States have exclusive right to legislate. It is a state subject
as mentioned under item 18 in List II of Seventh Schedule of the Constitution of India. Although,
Central Government can guide the states as we have a quasi-federal structure in India, therefore,
Central Government has power to make model law on rent control or tenancy.”

“A raging debate has been going on over the years over the pros and cons of rent control. While
the proponents of rent control laws suggest that they prevent landlords from charging exorbitant
rents and evicting tenants at will, the opponents suggest that rent control laws, by distorting
incentives, lead to deterioration of existing housing stock, increased pullout of apartments from
the rental housing market and thus reduced overall supply.”

This research paper includes brief study of Tenancy Acts of India, U.S.A. & U.K. The paper
also contains various landmark judgments in Tenancy Act. The work includes doctrinal method
of research which includes preexisting resources and documents and case laws. The work also
includes what are the loopholes in the Tenancy Act of India in comparatively to Tenancy Act of
U.S.A. & U.K. and what changes has to bring for make Act better.

Keyword :- Tenancy Act, Tenant, Owner, etc.

DIVYANSH BHARGAVA

[Link] (Constitutional Law) B2

VIII SEMESTER

R154516042, 500052812

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