The section is contained in chapter two of the Delhi Rent Control Act, 1958 and is
mainly concerned with the matter of rents of premises existing in Delhi. Here’s a
breakdown of the key sections:
Section 4: Standard Rent
This section seeks to establish what standard rent means this is the legal rent at
which the property is allowed to be let with an intention of discouraging what is
deemed to be unfair rents. Standard rent is_payment made by tenant on regular
basis taking into the considerations lik area, location and nature of the house. In
some instances it is breaks down to the cost of additions or improvements the
landlord may have undertook in the building.
Section 5: Limitation on Rent Increase
In this case, any additional amount charged by landlords in terms of rent above the
standard amount is absolutely banned and this is in order to protect tenants from
exploitation. Additional rent above the standard rent can only be charged on such
terms as are agreed to by the Controller and the Terms provide that tenants cannot
be charged exorbitant rent that may be another nuisance to the poor.
Section 6: Increase in Standard Rent
Section 6 affords situations under which the standard rent provided by the landlord
to the tenant can be adjusted upwards. This encompasses situations such as the
physical changes by the landlord, or the change in property tax rates. This removes
the argument of an increase being fabricated with the law mandating that any
increase must be supported by supporting documentation and that an application
has to be made to the Controller for an increase to be effected.
Section 7: Permissible Increases
This section permits only and specifically restricts rent increases without the
Controller’s permission. Such rises may comprise of tax aspects, or even
maintenance or repair costs. The Act also has measures of checking the desires of
companies wanting to effect a change with the aim of checking that it is reasonable
in perspective.
Section 8: Rent Recovery
Section 8 deals with the process of collection of all legal rents that a landlord may
recover. While it lays down the condition that the landlords have to follow legal
formalities it states that the tenant is under legal requirement to pay rent on time in
accordance with the set agreement. But it also sheltered the tenants from unlawful
eviction for non-payment in case the rent is paid as provided by the Act.
Section 9: Determination of Fair Rent
This section allows any tenant or landlord to apply for a discretion of the rent to be
charged to be reasonable and fair as the market trends wish to depict. The
controller uses different aspects including the area of residence, the age of the
building and the type of buildings and businesses that are successively renting the
premises before setting the agreed rent.
Section 10: Revision of Rent
Section 10 also covers the principles of standard rent adjustment, enabling the
tenant and the landlord to do it periodically, but for some justifiable reason like the
improvement of the house. Either party can apply for a revision which gives the
rent based with relation to the current status of the premises.
Summary
The Delhi Rent Control Act has provided a well defined procedure for Recovering
fair rent under the provision of chapter 2 of the act. Specific goals are to protect the
rights of landlords and tenants, to avoid the unjustified increase in rent, to keep the
rent fair and reasonable concerning the state of the flat and the existing average
rates. Chapter 2 similarly protects tenants against unethical rent hikes while
endearing landlords with legal ways of raising rent after meeting specific
conditions.