Assam became the first state in India to implement the Tenancy Act when the state assembly passed the Assam Tenancy Bill 2021.
It repealed the Assam Urban Areas Rent Control Act, 1972.
Key Highlights
Repeal of Rent Cap: Artificial rent caps are repealed; rent is to be decided through mutual agreement between landlord and tenant.
Dispute Resolution: Simplifies tenancy procedures and establishes mechanisms for dispute resolution.
Tenancy Authorities: Creation of a Rent Authority, Rent Court, and Rent Appellate Tribunal at the district level to enforce tenancy norms.
Exemptions:
Premises owned by central/state governments, government enterprises, or statutory bodies.
Premises owned by companies, universities, or organizations given on rent to employees as part of service contracts.
Premises owned by religious or charitable institutions unless agreed otherwise by both parties.
Tenancy Agreement Requirements:
Written agreements required for new tenancies.
Agreements must be registered with the Rent Authority within two months.
If not jointly registered, both parties must inform the Rent Authority separately within one month thereafter.
Digital Platform: The Rent Authority will set up a digital platform for submissions in the local vernacular language.
Identification and Documentation:
Unique identification numbers issued to parties.
Tenancy details to be uploaded on the Rent Authority’s website within seven working days.
Period of Tenancy:
Tenancy is valid as per the agreed period in the tenancy agreement.
Tenants can request renewal or extension.
Enhanced rent applicable if the tenant does not vacate after the fixed term ends, unless affected by force majeure.
Force Majeure Provision: Tenants affected by natural calamities may stay for up to one month after the event’s cessation under the existing terms.
Successor Rights and Obligations: Tenancy terms bind successors in the event of death of either landlord or tenant.
Sub-Letting Restrictions: Sub-letting or transferring tenancy rights requires a supplementary agreement and must be reported to the Rent Authority within two months.
These provisions aim to modernize tenancy laws in Assam, ensuring fair practices and streamlined processes for resolving disputes.
