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The UTTAR PRADESH REGULATION OF URBAN PREMISES TENANCY ACT, 2021

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S.1 Short title, extent, application and commencement

1. (1) This Act may be called the Uttar Pradesh Regulation of Urban Premises Short title, extent, Tenancy Act, 2021.
(2) It extends to the whole of the Uttar Pradesh. (3) It shall apply to:-
(a) every city as defined in the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act no. 2 of 1959);
(b) every municipal area as defined in the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. 2 of 1916);
(c) every development area notified under Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973);
(d) every special development area notified under the Uttar Pradesh Special Area Developm

S.2 Definitions

2. In this Act, unless the context otherwise requires,-
(a) "force majeure" means a situation of war, flood, drought, fire, cyclone, earthquake, pandemic or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent;
(b) "landlord", whether called landowner or lessor or by any other name, means aperson who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were, let to a tenant, and shall include,-
(i) his successor, transferee ór assignee;
(ii) a trustee or guardian or receiver receiving rent for any premises or entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind

S.3 Act not to apply to certain premises

3. (1) Nothing in this Act shall apply to any,-
(i) premises owned by the Central Government or State Government or Union Territory Administration or a Government undertaking or enterprises or a statutory body or Cantonment Board;
(ii) premises owned by a company, University or organisation given on rent to its employees as part of service contract;
(iii) premises owned by religious or charitable institution as may be specified, by notification by State Government;
(iv) premises owned by Auqaf registered under the Waqf Act, 1995 (Act. no. 43 of 1995) or by any public trust registered under applicable law;

S.4 Tenancy agreement

4. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement: Provided that in cases of residential tenancies for a period of less than twelve months, the landlord and tenant shall not be required to inform the Rent Authority about.such tenancy.
(2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in sub-section (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1).
(2) The tenant may request the landlord for renewal or extension of the tenancy, within the period agreed to in the tenancy agreement, and if agreeable to the landlord, may enter into a new tenancy agreement with the landlord on mutually agreed terms and conditions.
(3)Where a tenancy for a fixed term ends and has not been renewed or the tenant fails to vacate the premises at the end of such tenancy, then such tenant shall be liable to pay an enhanced rent to the landlord as provided in section 23:
Provided that notwithstanding anything contained in this section, if the term of tenancy expires at a time when the locality where the premises let out on rent is situated, is

S.6 Rights and obligations of successor in case of death

6. (1) The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as the case may be, and in such case, the successor of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.
(2) In the event of death of a tenant, of residential tenancy, the right of tenancy shail devolve for the remaining period of tenancy on his successors, namely:-
spouse; son or daughter or where there are both son and daughter, both ofthem; parents; daughter-in-law, being the widow of his pre-deceased son; widowed or divorced sister:
Provided that the successor has ordinarily been living in the premises with the deceased tenant up to the date of his death.

S.7 Restriction on sub-letting

7. (1) After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement:-
(a) sub-let whole or part of the premises held by him as a tenant;
(b) transfer or assign his rights in the tenancy agreement or any part thereof.
(2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub- section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement in the form specified in the First Schedule.

S.8 Rent payable

8. The rent payable in respect of a premises shall be the rent agreed to between the landlord and the tenant in accordance with the terms of the tenancy agreement or as revised under section 9 or determined under section 10.

S.9 Revision of rent

9. (1) The revision of rent between the landlord and the tenant shall be in accordance with the terms of the tenancy agreement.
(2) Where, after 'the commencement of tenancy, the landlord has entered into an agreement in writing with the tenant prior to the commencement of the work and has incurred expenditure for carrying out improvement, addition or structural alteration in the premises occupied by the tenant, which does not include repairs necessary to be carried out under section 15, the landlord may increase the rent of the premises by an amount as agreed to between the landlord and the tenant, and such increase in rent shall become effective from one month after the completion of such work.
(3) Subject to any agreement in writing, where the premises have been let out before the commencement of this Act, the rent thereof shall be liable to be revised for a further period of two years from the com

S.10 Rent Authority to determine the revised rent in case of dispute

10. (1) In case of any dispute between the landlord and the tenant regarding revision of Rent, the Rent Authority may, on an application made by the landlord or tenant, determine the revised rent and other charges payable by the tenant and also fix the date from which such revised rent becomes payable.
(2) In determining the rent to be revised, the Rent Authority may be guided by the prevailing market rent in the surrounding areas let out on rent.
(3) Once a determination under this section has been made, no application for fresh determination shall lie for a period of one year after the said determination. (4) The Rent Authority may determine provisional rent during the proceedings for revision of rent which shall be subject to final determination.


S.11 Security deposit

11. (1) The security deposit to be paid by the tenant in advance shall be such as may be agreed upon between the landlord and the tenant in the tenancy agreement, which shall--
(a) not exceed two months' rent, in case of residential premises; and
@span(b) not exceed six months' rent, in case of non-residential premises.
(2) The security deposit shall be refunded to the tenant on the date of taking over vacant possession of the premises from the tenant, after making due deduction of any liability of the tenant.

S.12 Original tenancy agreement to be retained by the landiord and the tenant

12. The tenancy agreement shall be signed in duplicate by both the landlord and the tenant, and one each of such original signed tenancy agreement shall be retained by the landlord and the counterpart of such agreement by the tenant.

S.13 Rent and other charges payable and receipt for payment thercof

13. (1) Every tenant shall pay rent and other charges payable within such period as agreed to in the tenancy agreement.
(2) Every landlord or his property manager shall, on receipt of payment towards rent and other charges payable within the stipulated period as in the tenancy agreement from the tenant, provide forthwith against acknowledgement, a duly signed receipt for the amount received by him:
Provided that where the payment of rent or other charges is made by the tenant to the landlord through the electronic mode, the bank acknowledgement thereof shall be the conclusive proof of such payment:
Provided further that it shall be open to the tenant to remit the rent or other charges to his landlord by cash, cheque, bank draft, postal money order or by any other mode recognized by the law.

S.15 Repair and maintenance of property

15. (1) Notwithstanding any agreement in writing to the contrary, the landlord and the tenant shall keep the premises in as good a condition as at the commencement of the tenancy, except for normal wear and tear, and shall respectively be responsible to repair and maintain the said premises as specified in the Second Schedule or as agreed to in the tenancy agreement.
(2) In case of common facilities shared among the tenants or with the landlord, the respective responsibilities of the tenant and landlord to repair and maintain those facilities shall be such as may be specified in the tenancy agreement.
(3) If the tenant fails or refuses to carry out the repairs referred to in subsection (1) or sub-section (2), the landlord may carry out the repairs and deduct the amount incurred for such repairs from the security deposit and the amount so deducted shall be paid by the tenant within a period of one month of the issue of notice by the landlord in that regard:
Provided that if

S.16 Tenant to look after premises

16. During the subsistence of tenancy, the tenant shall,-
(a) not intentionally or negligently damage the premises or permit such damage;
(b) inform the landlord in writing of any damage; its
(c) take reasonable care of the premises and its contents including fitting and fixtures and keep it reasonably habitable having regard to condition at the commencement of tenancy and the normal incidence living.

S.17 Entry into premises

17. (1) Every landlord or the property manager may enter the premises let out on rent after serving a notice, in writing or through electronic mode, to the tenant at least twenty four hours before the time of entry under the following circumstances, namely:-
(a) to carry out repairs or replacement or to do or to get work done in the premises; or
(b) to carry out an inspection of the premises for the purpose of determining whether premises are in a habitable state; or
(c) for any other reasonable cause for entry specified in the tenancy agreement.
(2) The notice shall specify the day, time and reason for entry:
Provided that no person shall enter the premises before sunrise and after sunset:
Provided further that nothing contained in this section shall prevent the lan

S.18 Information as to property manager

18. In case the landlord has engaged a property manager, the landlord shall provide the following information to the tenant, namely:-
(a) name of the property manager;
(b) proof that such property manager is authorized by the landlord;
(c) specific purposes for which the property manager has been authorized by the landlord and the period of such authorization; and
(d) if the property manager is a legal entity, the name of the entity and the person authorized in this behalf by that legal entity who may be contacted in relation to the tenancy agreement.

S.19 Duties of property manager and consequences of violation of his duties

19. (1) The duties of the property manager shall include the following namely:-
(a) to collect rent against receipt;
(b) to do essential repairs on bchalf of the landlord;
(c) to inspect the premises from time to time;
(d) to give notices to the tenant for,-
(i) proper maintenance of the premises;
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
@span(v) renewal of tenancy;

S.20 Withholding essential supply or service

20. (1) No landlord or property manager shall, either by himself or through any other person, withhold any essential supply or service in the premises occupied by the tenant.
(2) In case of contravention of the provisions of sub-section (1) and on application made by the tenant in this behalf, the Rent Authority after examining the matter, may pass an interim order directing the restoration of supply of essential services immediately on service of such order upon landlord or property manager, as the case may be, pending the inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an inquiry in respect of the application made by the tenant under sub-section (2), and complete the inquiry within one month of filing of such application.
(4) The Rent Authority may, after giving a reasonable opportunity of being heard, award a compensation not exceeding two months' rent to be paid by the person responsible for withholding the essential supply, so as to compens

S.21 Protection of tenant against eviction

21. (1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22:
Provided that where the landlord has acquired the premises by sale deed after the commencement of this Act and it was in the occupation of a tenant since before its purchase, no application for recovery of possession of such premises shall be made under this section unless a period of one years has elapsed from the date of such acquisition, or expiry of tenancy agreement executed in between the erstwhile landlord and the tenant, whichever is earlier:
Provided further that after acquisition of the premises by the landlord under preceding proviso the landlord shall also intimate to the tenant in possession, within one month of such acquisition.

S.22 Eviction and recovery of possession of premises in case of death of the landlord

22. (1)Notwithstanding anything contained in this Act or any other law for. the time being in force, in case of death of the landlord, where there is a requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Authority in such form and manner, as may be prescribed.
(2) The Rent Authority may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.

S.23 Enhancement of rent in case of refusal by tenant to vacate

23. Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Act, such tenant shall be liable to pay the landlord-
(a) twice the monthly rent for the first two months; and
(b) four times the monthly rent thereafter till the tenant continues occupy the said premises.

S.24 Refund of advance rent by landlord

24. (1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.
(2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund.

S.25 Payment of rent during eviction proceedings

25. In any proceedings for recovery of possession on any ground other than that referred to in clause (a) or clause (b) of sub-section (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage ofthe proceedings apply to the Rent Authority to direct the tenant to pay him the rent payable, as under section 8 and section 23, and the Rent Authority may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of section 14.

S.26 Permission to build additional structures

26. (1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the Jandlord.
(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses, to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Authority.
(3) On an application made by the landlord under sub-section (2) if the Rent Authority is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Authority may permit the landlord to do such work and may make such other order as it may deem fit:
Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises whic

S.27 Special provision regarding vacant land

27. (1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Authority.
(2) The Rent Authority may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,-
(a)

S.28 Vacant possession to landlord

28. Notwithstanding anything contained in any other law for the time being in force, where-the interest of a tenant or in case of death of the tenant, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Authority under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.

S.29 Provisions regarding notice of giving up possession by tenant

29. Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the abşence of any stipulation relating to such notice, the tenant shall give notice to the landlord of at least one month before giving up possession of the premises.

S.30 Rent Authority

30. The District Collector shall appoint an officer, not below the rank of Additional District Collector, to be the Rent Authority within his jurisdiction.

S.31 Negotiated settlement of disputes

31. (1) The Rent Authority and the Rent Tribunal shall, in all cases where the respondent enters or is permitted to enter defense against the application, at any time before a negotiated settlement of the dispute between the parties, in appropriate cases, refer them to the appropriate authority under the Legal Services Authorities Act, 1987 (Act. no. 39 of 1987).
(2) Without prejudice to the provisions of sub-section (1), the Rent Authority and Rent Tribunal shall follow such procedure as it deems proper to promote a compromise expeditiously.
(3) Where there has been a settlement of the case by compromise, the Rent Authority and Rent Tribunal shall record the terms of the compromise and pass final order in those terms.

S.32 Rent Tribunal

32. The Rent Tribunal shall be presided over by the District Judge himself or by Additional District Judge nominated by the District Judge in each district.

S.33 Procedure to be followed in Rent Authority and Rent Tribunal

33. (1) Save as provided in this Act, nothing contained in the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) shall apply to the Rent Authority and Rent Tribunal, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:-
(a) the landlord or the tenant may file an application or appeal before the Rent Authority or Rent Tribunal, as the case may be, accompanied by affidavit and documents, if any;
(b) the Rent Authority or Rent Tribunal, as the case may be, shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;
(c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;
(d) the applican

S.34 Powers of Rent Authority and Rent Tribunal

34. (1) The Rent Authority and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) for the purposes of, -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commission for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex-parte;
(g) setting aside any order of dismissal of any application or appeal for default or

S.35 Appeal to Rent Tribunal

35. (1)Any person aggrieved by an order passed by the Rent Authority may prefer an appeal along with a certified copy of such order to the Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order:
Provided that no appeal shall lie unless the appellant pre-deposits fifty percent of the entire payable amount under the impugned order of the Rent Authority.
(2) Upon filing an appeal under sub-section (1), the Rent Tribunal shall serve notice, along with a copy of memorandum of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on. The respondent and the appeal shall be disposed of within a period of sixty days from such date of service.
(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of documents at any stage of the procee

S.36 Execution of order

36. (1)The Rent Authority shall, on an application filed by any party, execute an order of a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by-
(a) delivering possession of the premises to the person in whose favour the decision has been made; or
(b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or
(c) appointing any advocate or any other competent person including officers of the Rent Authority or local administration or local body for the execution of such order; or
(d) attachment of salary and allowance of the opposite party; or
(e) attachment and sale of the movable or immovable property of the opposite party.
(2) The Rent Authority may take he

S.37 Officers and other employees of the Rent Authority and the Rent Tribunal

37. The State Government may determine the nature and categories of officers and other employees as it considers necessary and appoint such officers and other employees for the efficient discharge of their functions under this Act.

S.38 Jurisdiction of Civil Courts barred in respect of certain matters

38. (1) Save as otherwise provided in this Act, no Civil Court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act.
(2) The jurisdiction of the Rent Authority shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises.

S.39 Court fees

39. (1)The provisions of the Court Fees Act, 1870 (Act. no.7 of 1870) shall apply in respect of applications or appeals to be presented before the Rent Authority or Rent Tribunal, as the case may be.
(2) For the purposes of computation of court fees, the application for recovery of possession made to the Rent Authority and the memorandum of appeal presented before the Rent Tribunal, shall be deemed to be a suit between the landlord and the tenant.
(3) The court fees for the application filed before the Rent Authority shall be same as that of an interlocutory application presented in a Civil Court.

S.40 Officers and staff to be public servants

40. Every officer and staff of Rent Authority and Rent Tribunal appointed under this Act shail be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act. no.45 of 1860).

S.41 Application of sections 4,5and 12 of Limitation Act, 1963

41. The provisions of sections 4,5 and 12 of the Limitation Act, 1963 (Act no. 36 of 1963) shall mutatis mutandis apply to all proceedings under this Act.

S.42 Overriding effect

42. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force.

S.43 Protection of action taken in good faith

43. No suit, prosecution or other legal proceeding shall lie against any officer and staff of Rent Authority or Rent Tribunal, in respect of anything which is done or intended to be done in good faith in pursuance of this Act.

S.44 Power to make rules

44. (1) The State Government may, by notification in the Gazette make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rulės may provide for all or any of the following matters, namely:-
(a) the form and manner of digital platform to be put in place by the State Government in the Hindi or English language for enabling submission of documents under sub-section (4) of section 4;
(b) the manner of payment of rent and other charges to the landlord by the tenant by postal money order or any other method and the manner of deposit of rent and other charges with the Rent Authority on refusal by landlord to accept the same under sub-section (1) and the manner of deposit of rent with the Rent Authority under sub-section (3) of section 14;
(c) manner of making an application for t

S.45 Power to remove difficulties

45. (1) lf any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Gazette, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.

S.46 Repeal and savings

46. (1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) and, the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 is hereby repealed.
(2) Notwithstanding such repeal, all cases and other proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act of 1972 as if that Act had continued to be in force and this Act had not been enacted.
(3) All cases and proceedings relating to any dispute between a landlord and a tenant under any law other than the law repealed by sub-section (1) pending before the Civil Court or in appeal before any other Court on the date of commencement of this Act, in respect of the premises to which this Act applies, shall be continued before such Court and disposed of in acc

S.14 Deposit of rent with Rent Authority

14. (1) Where the landlord refuses to accept any rent and other charges payable or refuses to give a receipt, the rent and other charges shall be paid to the Jandlord by postal money order or any other method, in such manner as may be prescribed, consecutively for two months, and if the landlord refuses to accept the rent and other charges within such period, then the tenant may deposit the same with the Rent Authority in such manner as may be prescribed.
(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely:-
(a) the premises for which the rent and other charges payable are deposited alongwith a description sufficient for identifying the premises;
(b) the period for which the rent and other charges payable are deposited;


Based on the provided sources, which primarily deal with other Acts (SARFAESI, AFT, MACT, Slum Act, etc.) and do not contain the text of Section 14 of the U.P. Regulation of Urban Premises Tenancy Act, 2021, the analysis is limited. The sources indicate the existence and subject matter of Section 14 but do not provide its specific text or judicial interpretation from the cited sources.

Below is the legal commentary structured as requested, based exclusively on the information available in the provided sources.

Introduction

The UTTAR PRADESH REGULATION OF URBAN PREMISES TENANCY ACT, 2021 (the "Act") was enacted to regulate the relationship between landlords and tenants of urban premises in Uttar Pradesh. Section 14 of the Act pertains to the procedure for a tenant to deposit rent with the Rent Authority when a landlord refuses to accept it. This mechanism is a crucial safeguard for tenants to avoid being in default of rent payment, thereby protecting them from eviction on that ground. The information in the sources confirms the existence of this provision and its subject matter but does not provide the full statutory text.

What does Section Says

Based on the source summaries, Section 14 of the Act deals with the "Deposit of rent with Rent Authority." It outlines the procedure to be followed when a landlord refuses to accept rent or other charges payable under a tenancy, or refuses to issue a receipt for such payment. In such a scenario, the tenant is permitted to pay the rent and other charges to the Rent Authority. [Source: ""]

Essential ingredients

Based on the available source material, the essential ingredients for the application of Section 14 are:1. Landlord's Refusal: The landlord refuses to accept any rent or other charges payable.2. Failure to Provide Receipt: The landlord refuses to give a receipt for the payment.3. Action by Tenant: In response to the above, the rent and other charges shall be paid to the Rent Authority.[Source: ""]

Scope of Section

The scope of Section 14 is to provide a statutory remedy for a tenant when a landlord attempts to create a default by refusing to accept rent. It ensures that a tenant can fulfill their obligation to pay rent and avoid the consequences of non-payment through a formal deposit mechanism. The section is procedural in nature, establishing the "Rent Authority" as a statutory depositary for rent in disputed circumstances. [Source: ""]

Punishment for Section

The provided sources do not contain any specific information regarding a punishment for a violation of Section 14 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. It is likely that a violation would lead to a legal determination by the Rent Authority or Tribunal regarding the default or other civil consequences, but no specific penal provision is mentioned in the given texts.

Legal Comments

  • Deposit of Rent - The core purpose of Section 14 is to provide a formal mechanism for a tenant to deposit rent with a designated Rent Authority when a landlord refuses to accept payment or issue a receipt. -
  • Landlord's Refusal - The section is triggered specifically when the landlord refuses to accept "any rent and other charges payable" or "refuses to give a receipt," addressing a common tactic used to create a default. -
  • Procedure for Payment - In the event of the landlord's refusal, the law mandates that the "rent and other charges shall be paid to the Rent Authority," outlining the correct procedure for the tenant. -
  • Protective Mechanism - Section 14 acts as a protective shield for tenants, allowing them to continue paying rent through an official channel and avoid being wrongfully evicted for non-payment of rent. - [Analysis Of the Uttar Pradesh Regulation Of Urban Premises, ]
  • Eviction Prohibition - The Act generally prohibits eviction during the continuance of a tenancy agreement "unless otherwise agreed to in writing," and Section 14 ensures non-payment of rent does not become a false ground for eviction. - [Uttar Pradesh Regulation Of Urban Premises Tenancy Act, 2021, ]
  • Limited Source Information - The provided sources do not contain the full text of Section 14 or any judicial interpretation of its specific clauses, limiting the depth of legal comment possible. - [All Sources]
  • Procedural, Not Punitive - The available information suggests Section 14 is a procedural, rather than a penal, provision, setting out a course of action rather than prescribing a punishment. - [Inference from Sources]
  • Related to Chapter III - The sources indicate that Sections 8 to 11 deal with Chapter III on 'Rent', suggesting Section 14 is logically placed within the broader framework of rent payment obligations. - [Sec 8 to 11 (Chapter III Rent), ]
  • Rent Revision Framework - The Act provides for rent revision based on the tenancy agreement, and Section 14 ensures that disputes over rent acceptance do not disrupt the tenant's compliance with their payment obligations. - [Sec 8 to 11 (Chapter III Rent), ]
  • Not to Apply Exclusions - The Act has specific exclusions under Section 3 for certain premises, meaning Section 14's protection may not apply to all types of tenancies. - [UTTAR PRADESH REGULATION OF URBAN PREMISES, ]
  • Legal Remedy - The Act provides for an appeal before the Rent Tribunal against orders of the Rent Authority, which would likely apply to disputes arising under Section 14. - [Allahabad High Court on challenging Orders passed by the Rent, ]
  • No Bona Fide Requirement - A judicial interpretation has clarified that eviction under Section 21 of the Act does not require the landlord to prove a "bona fide" need, unlike older rent control laws before 2021. - [Shyam Pal vs. B.S. Enterprises, ]
  • New Tenancy Agreement - The Act is applicable to new tenancy agreements, and Section 14 provides a standard mechanism for all such agreements when disputes over rent receipt arise. - [Mahesh Chandra Agarwal v. Rent Tribunal,Addl., ]
  • Prima Facie Validity - An eviction order passed under Section 21 of the Act (eviction) is considered valid if the procedural requirements of the Act, including proper payment of rent under Section 14, are followed. - [Mahesh Chandra Agarwal v. Rent Tribunal,Addl., ]
  • Restriction on Structural Changes - The Act restricts tenants from making structural changes without consent, which is a different facet of tenant obligations compared to the rent deposit mechanism under Section 14. - [Uttar Pradesh Regulation Of Urban Premises Tenancy Act, 2021, ]
  • Section 21 Proceedings - In proceedings under Section 21(2) for eviction, the compliance with rent payment procedures, including the deposit mechanism of Section 14, would be a key point of consideration. - [Suresh Chandra Sharma vs Smt. Anita Varshney And Another, ]
  • Withholding Essential Services - The Act prohibits the withholding of essential supplies, which is related to the same protective intent as Section 14, aiming to prevent landlords from pressuring tenants. - [Withholding essential supply or service, ]
  • Penalty for Frivolous Action - A tenant who files a frivolous application regarding withholding of services can be penalized, showing the Act balances tenant protections with penalties for misuse. - [Withholding essential supply or service, ]
  • Legislative Intent - The primary goal of the Act is to balance the rights of both landlords and tenants, and Section 14 serves this by ensuring tenants can pay rent securely. - [Analysis Of the Uttar Pradesh Regulation Of Urban Premises, ]
  • Supersession of Previous Act - This Act, including Section 14, replaces the older U.P. Act no. 13 of 1972, representing a legislative reform in tenancy law. - [uttar pradesh regulation of urban premises - Indian Kanoon, ]

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