ABSTRACT

SEMINAR ON HOUSING LAWS

ANALYSIS OF MODEL TENANCY ACT (DRAFT), 2019

The Draft Model Tenancy Act, 2015, aims to achieve beneficial results for both, tenants and
landlords resulting in the advancement of affordable housing for all The Indian rental market
have been demanding a new law to counter the Rent Control Act, 1948, for a long time.
Recently, the government has shown interest in passing the Draft Model Tenancy Act, 2015, that
will address the difficulties of landlords and tenants. The objectives of the act are to mutually
fixing and revising rent between the landlord and tenant and Unlocking existing properties to
rent out and further addressing repossession issues in rental housing thus this draft if executed
properly will yet be another method of providing housing to India’s urban population, in this
paper we will look into the matter why many of state have not made it applicable and will
analyze their argument in a method to derive a solution and suggestions. The need to introduce
the model tenancy law was felt because the existing rent control laws are restricting the growth
of the rental housing segment and discouraging the landowners from renting out their vacant
premises we will discuss the various rights of the tenant and landlords in regard to the prior acts
and under new draft of model tenancy act. Since land is a subject of the state, this act is not
binding on the states and is, therefore, called a draft. It is left to individual states to decide
whether to accept it or not in the long run, most states would have to accept it since it is greatly
beneficial to tenants. Presently, the rent laws in most states have become archaic. This act can
bring transparency as well ease the process of business for both parties. The various case laws
relating to the issue of right of tenant and landlord will be discussed.

Statement of the Problem : The Model Tenancy Act 2019, aims to make renting more lucrative
for both, landlords and tenants, by plugging many gaps in existing policies. We look at whether
the new Act will help India’s rental housing segment, to get rid of its woes and what are the
reasons that most of the states haven’t adopted it.

Research question : The following are the research question will be discussed :
1. 11.1 million Homes remained vacant in urban India in 2011, even as the migrant
population struggled to find decent accommodation. Considering that developers are
sitting on huge unsold inventory in major cities of the country at present, the number of
vacant homes in urban areas would have risen dramatically, between 2011 and now. We
 will scrutinize how the Model Tenancy Act 2019 aims to fix this problem, so that the
demand-supply gap is bridged.
2. How effective will be the model tenancy act, 2019. And will discuss the rights and duties
of the tenant and landlord in the light of new draft of model tenancy act, 2019.
3. To compare the model tenancy draft with existing law related to tenant and landlord
rights in England i.e. landlord and tenant act, 1985 and also from the scenario of united
states of America federal state have legislated these laws.

Hypothesis: Question remain over the effectiveness of the model policy, its laudable
provisions notwithstanding. Firstly, land is a state subject and hence, states are free to
accept or reject the model policy so, most of the states would not accept even though this
research paper will discuss the fact what are the reasons most of the state is not applying
this draft The draft seeks to unlock the potential of the vacant houses In India, by
bringing transparency and accountability in the existing system of renting of premises
and to balance the interests of both the property owner and tenant in a judicious manner
the research paper will proceed in this manner. The comparative approach will be applied
to conclude to the point of effectiveness of the new draft as legislated by central
government by comparing it with other countries legislation regarding the tenant and
landlord rights.

Bibliography:
www.bloombergquint.com/opinion/model-tenancy-act-2019-opportunities-and-
challenges
http://mohua.gov.in/upload/uploadfiles/files/Draft%20Model%20Tenancy%20Act%2C
%202019(1).pdf (draft of model tenancy act)
https://m.economictimes.com/wealth/real-estate/model-tenancy-bill-how-it-benefits-
tenants-and-home-owners/articleshow/70407797.cms and various article published on
model tenancy act .
Making life easier for landlord a article in the Hindu regarding model tenancy act by
sunita Kothari.
http://www.legislation.gov.uk/ukpga/1985/70 (landlord and tenant act, 1985 ).
https://www.globalpropertyguide.com/North-America/United-States/Landlord-and-
Tenant (vies pertaining landlord and tenant rights laws in united states of America)
Halsburys Laws of India, Vol. 27- Property II and Landlord and Tenant 2nd Edition
published by lexixnexis
Under Guidance of: Mr. Sajal Sharma

Submitted by: Shubham Saini

SAP Id: 500054851, (R154216103)