Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Monthly Tenancy Payable at the End of the Year
In a typical monthly tenancy, rent is generally payable monthly, either at the beginning or end of each month, unless the tenancy agreement specifies otherwise. Payment at greater intervals (e.g., quarterly, yearly) is inconsistent with the standard contractual obligation for a monthly tenancy. Acceptance of late or irregular payments by the landlord does not alter this fundamental requirement, but may influence the landlord's rights regarding eviction or arrears (ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI, SUPPIAH V. KANDIAH).
Payment Intervals and Practice
Courts have recognized practices where rent is accepted irregularly, such as once every few months or annually, which can impact the interpretation of arrears and tenancy status. However, unless explicitly agreed upon, the default expectation remains monthly payments (ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI, SUPPIAH V. KANDIAH).
End of Tenancy and Payment at Year-End
While a monthly tenancy typically requires monthly payments, some cases indicate that rent can be payable at the end of the year if such an arrangement is explicitly agreed upon or implied by practice. For instance, if the rent is agreed to be paid annually or at irregular intervals, then annual or end-of-year payments are permissible. Courts have acknowledged that where rent is payable annually, the obligation is not necessarily monthly (ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI, S.KAMALAKANNAN vs HARI KRISHNAN - 2021 Supreme(Online)(MAD) 14709 - 2021 Supreme(Online)(MAD) 14709).
Legal and Contractual Variations
Specific tenancy agreements or practices can modify the standard monthly payment expectation, allowing for payments at the end of the year or other intervals. Courts have upheld such arrangements if they are clearly documented or consistent with the conduct of the parties (ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI, S. Kamalakannan VS Hari krishna, S/o. Mr. Ilango - 2021 0 Supreme(Mad) 3138).
Implications for Arrears and Termination
Analysis and Conclusion- While the default legal position for a monthly tenancy is that rent should be paid monthly, it is possible for rent to be payable at the end of the year if explicitly agreed upon or established through customary practice. Courts recognize variations based on contractual terms and conduct of the parties. Therefore, monthly tenancy rent can be payable annually or at year-end if such an arrangement is clear and mutually accepted.- Key references: - ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI: Clarifies that in a monthly tenancy, unless specified otherwise, rent is due monthly but can be paid at the end of the period if agreed. - SUPPIAH V. KANDIAH & S. Kamalakannan VS Hari krishna, S/o. Mr. Ilango - 2021 0 Supreme(Mad) 3138: Highlight that irregular payment practices and specific agreements can modify the standard monthly payment expectation. - S.KAMALAKANNAN vs HARI KRISHNAN - 2021 Supreme(Online)(MAD) 14709 - 2021 Supreme(Online)(MAD) 14709: Notes that rent payable for the year before the suit is relevant for legal proceedings, supporting annual payment arrangements.
In summary, monthly tenancy rent can be payable at the end of the year if the tenancy agreement or practice supports such an arrangement, but default law expects monthly payments unless explicitly altered.
In the realm of landlord-tenant relationships, one common question arises: Can there be a monthly tenancy payable at the end of the year? This issue often confuses tenants and landlords alike, especially when rent is paid annually despite a monthly tenancy structure. While it may seem counterintuitive, Indian courts have addressed this nuance, emphasizing that the nature of a tenancy hinges more on the parties' intention, conduct, and agreement than on the sole timing of payments.
This blog post delves into the legal principles, key court judgments, and practical implications. Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your situation.
A tenancy payable at the end of the year, despite annual payments, can be considered a monthly tenancy for legal purposes if the mode of payment and the parties' intention align accordingly. The law recognizes that even annual rent payments do not preclude a monthly tenancy if expressed or implied as such. Payment of rent annually does not necessarily preclude the existence of a monthly tenancyANIL KUMAR DADURAO DHEKLE VS RUKHIBEN - 2017 3 Supreme 762.
Courts look beyond the payment frequency to the true nature inferred from the entire context, including conduct and intention SIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - 2020 3 Supreme 499. For instance, the mode in which a rent is expressed to be payable affords a presumption that the tenancy is of a character corresponding thereto, but this presumption can be rebutted by other evidenceANIL KUMAR DADURAO DHEKLE VS RUKHIBEN - 2017 3 Supreme 762.
Indian jurisprudence provides clarity through several rulings:
In SIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - 2020 3 Supreme 499, the court held that a rent note not reserving yearly rent and not expressly creating a lease from year to year indicates a monthly tenancy, even if rent is paid annually or in lump sums. The rent deed does not reserve yearly rent, hence the third condition... is not applicable, and the tenancy was only monthly based on clauses and conduct.
The ANIL KUMAR DADURAO DHEKLE VS RUKHIBEN - 2017 3 Supreme 762 judgment notes that a lease reserving annual rent but paid monthly can still be monthly, especially with supporting conduct. This presumption is flexible.
In Khem Chand Dayal Jl And Company VS Mohammad Bhai Chand Bhai - 1969 0 Supreme(SC) 153, courts clarified: the tenancy can be from month to month and the recoverability of the rent may not be from month to month and may under the contract, be based on any period say, a quarter or half year or a year. The agreement and conduct are critical, not just payment form. Even if aligned with the English calendar, tenancy starts from a specific date.
These cases underscore that courts will primarily rely on actual conduct and the entire circumstances rather than solely on the language of the rent noteSIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - 2020 3 Supreme 499.
Further cases reinforce this flexibility:
In ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI, overdue rent was paid post-termination notice, with the defendant claiming irregular payments (every 3-4 months or yearly). Yet, it is not denied that the tenancy was a monthly tenancy, showing annual payments don't negate monthly status.
SUPPIAH V. KANDIAH highlights practices where rent wasn't paid monthly for that month, up to the end of 1955, in a confirmed monthly tenancy since 1944. This supports that historical conduct can imply year-end alignments.
Arunamayee Bishaya VS Rabindra Kumar Bora - 2007 Supreme(Gau) 616 - 2007 0 Supreme(Gau) 616 states: Viewed from this angle too, it is clear that the tenancy, in the present case, being a monthly tenancy, the rent, in the absence of anything showing to the contrary, was payable at the end of every succeeding month according to the English calendar. But exceptions via agreement allow variations.
S.KAMALAKANNAN vs HARI KRISHNAN - 2021 Supreme(Online)(MAD) 14709 - 2021 Supreme(Online)(MAD) 14709 references rent payable for the year next before the date of presenting the plaint, in a context of monthly defaulting tenancy, indicating annual computations for arrears.
Other sources like WARAWITA APPUHAMY v. PERERA note acceptance of late payments in month-to-month tenancies, affecting termination rights but not altering core type.
These examples show courts recognize practices where rent is accepted irregularly, such as once every few months or annually, impacting arrears but defaulting to monthly unless proven otherwise ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAISUPPIAH V. KANDIAH.
Rent can be structured monthly, quarterly, annually, or in lumps. Key factors:- Periodic payments and monthly-like conduct (e.g., monthly receipts) indicate monthly tenancy, even with bulk annual payments Khem Chand Dayal Jl And Company VS Mohammad Bhai Chand Bhai - 1969 0 Supreme(SC) 153.- Strict yearly payments with annual agreement/conduct deem it annual SIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - 2020 3 Supreme 499.
Practical indicators of monthly tenancy despite year-end payments:- Absence of registered lease >1 year.- Monthly rent acceptance/issuance.- Conduct treating it monthly ANIL KUMAR DADURAO DHEKLE VS RUKHIBEN - 2017 3 Supreme 762.
Exceptions: Explicit annual clauses upheld if conduct matches SIRI CHAND (DECEASED) THR. LRS. VS SURINDER SINGH - 2020 3 Supreme 499. Lump sums without monthly evidence may classify as annual.
In MOCHI BHIKHU RAMJI VS ABDUL AZIZ TARMOHYMAD BY HIS HEIRS - 2000 Supreme(Guj) 914 - 2000 0 Supreme(Guj) 914, absent evidence of non-monthly obligations, the rent will be deemed to be payable monthly.
To avoid disputes:- Clearly specify rent mode/period in agreements.- Align conduct (receipts, notices) with tenancy type.- Document practices if deviating from monthly (e.g., year-end payments).- For unregistered leases, presume monthly unless proven otherwise.
In conclusion, yes, there can be a monthly tenancy payable at the end of the year if circumstances, conduct, and agreement support it, despite annual payments. While default law expects monthly payments in monthly tenancies, contractual variations and proven practices allow year-end arrangements Khem Chand Dayal Jl And Company VS Mohammad Bhai Chand Bhai - 1969 0 Supreme(SC) 153ADAMJEE LUKMANJEE & SONS LTD v. PONNIAH PILLAI.
Key Takeaways:- Conduct trumps payment timing.- Use clear agreements to define terms.- Courts prioritize intention over form.
Stay informed on tenancy laws to protect your rights. For personalized guidance, seek professional legal counsel.
#MonthlyTenancy, #RentPaymentLaw, #TenantRights
The overdue rent was paid after the notice terminating the contract of tenancy was given. The defendant claimed that the rent was payable by him not monthly, but at irregular intervals; once in three or four months or even once a year. ... It is not denied that the tenancy was a monthly tenancy, and in the case of a monthly tenancy#HL_END....
The books show that up to the end of the year, 1955, this practice had obtained and even from the plaintiff's evidence it seems fairly clear that it had never been the practice for rent to be paid in any month for that month. ... - The defendant has been the tenant of the plaintiff since 1944 on a monthly tenancy. The only question which arises is whether the defendant was in arrears of rent for the month of January,....
It is submitted that on the death of a monthly tenant the contract of tenancy comes to an end and the heirs or the executors of the deceased tenant are not entitled to remain in the premises. ... Galle, 5,228/L Landlord and tenant-Monthly tenancy-Death of tenant-Effect on contract of tenancy-Rent Restriction Act, s. 18. ... It might be asserted that if the tenancy....
a monthly tenancy at a monthly rent of Rs.30/-. ... Being payable on a year to year basis, rent ceased to be payable by month within the p style="position:absolute;white-space:pre;margin:0;padding
Colombo, 72222 Landlord and tenant-Acceptance of late payments of rent-Effect on landlord's right to terminate tenancy. The written agreement for a month to month tenancy provided that the rent should be payable on or before the tenth of each month. ... - The written agreement for a month to month tenancy in this case provided that the rent should be payable on or before the tenth day of....
Further, in section 6 (2) there is a reference to rents payable under the terms of the tenancy by the month or the month or the quarter or the half year. ... This appears to contemplate continuing tenancies for periods of more than one month, and under our law the continuing tenancy from month to month is the only valid tenancy recognized in the common law, and we do not have the continuing #HL_STA....
rent payable for the year next before the date of presenting the plaint. ... , fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint. ... In present case the respondent/tenant from the inception of tenancy is defaulting monthly rent. Therefore, the present RLTOP case is maintainable in law." ... rents for 3 consec....
, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint. ... (2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint. ... In p....
has been given to the Appellant by the Respondent, terminating the tenancy from the end of tenancy month of June 2009. ... at the end of month June 2009. ... What we have to consider is, whether a valid notice terminating the tenancy was given under Section 106 of The Transfer of Property Act, 1882. Admittedly, tenancy in this case is monthly tenancy. ....
above, the revised rent payable as per formula indicated in aforesaid provision, shall be payable as below from the date of commencement of this Act: (i) in the first year, half of the rent so computed; and (ii) in the second year, full amount of rent so computed. ... On 5 of 7 termination of tenancy by notice under Section 106 Transfer of Property Act the tenant in such cases still continues to enjoy the....
Though the defendants had taken the plea that the tenancy is not a monthly tenancy, DW1 in his cross-examination had admitted that the tenancy was as per English calendar month. 18. In KaranjiMore(supra), this court had held that when there is no written contract, the tenancy is always a monthly tenancy and the rent is due and payable at the end of every month. However, in the instant case the rent was payable within the first seven days of every succeeding month as per under....
But what is perplexing is that even before the rent was due for November 2004 to March 2005, the tenants deposited these 5 months’ rent in Court on 7.10.2014 through the Misc. (RC) Case No.673/2004. Such deposit of rent in Court is not consistent with the procedure prescribed by Sub-Section (4) of Section 5 of the Rent Act and accordingly it has to be held that this was not due tendering of rent and thus the tenant defaulted by not paying rent for these months, during the ejectment proceeding.....
Viewed from this angle too, it is clear that the tenancy, in the present case, being a monthly tenancy, the rent, in the absence of anything showing to the contrary, was payable at the end of every succeeding month according to the English calendar. Coupled with the above, it needs to be emphasized that when the tenancy, in question, was, admittedly, monthly tenancy, the rent would be payable at the end of the month unless, otherwise, agreed upon by the parties conc....
Originally the father of the petitioners herein was the tenant and after his demise the petitioners continued in the said non- residential premises as the tenants. It is case of the respondents-landlords that the petitioners did not pay or tender the rents for the months of April and May, 1990 even up to 31-5-1990. Respondents 1 and 2 filed the petition under Section 10 (2) (i), 10 (2) (v), 10 (3) (a) (iii) (a) of the Act seeking the eviction of the petitioners from the petition schedule non-r....
In the plaint also, it was pointed out that, no demand was made from the tenant regarding educational cess or municipal tax, nor these amounts were demanded in the demand notice under sec. 12 (2) of the Act. In the absence of any evidence on record that the tenant was obliged to pay educational cess and municipal tax, it can not be said that the rent was not payable monthly or that these amounts were integral part of the rent. As such, the rent will be deemed to be payable monthly an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
