Rishika Anand, BBA-LL.B (Hons.), NMIMS, School of Law, Indore
ABSTRACT
The contemporary rent control laws have distorted the rental market by placing a ceiling on rents, lowering rental yields, instigating the fear to property being perpetually occupied by tenants without any remedy and prolonging legal disputes. The Model Tenancy Act, 2021, which ensures that both the landlord and the tenant are treated equally and places a strong emphasis on the supremacy of the rent agreement and the inclusion of mutually agreed-upon terms regarding rent, period of tenancy, security deposit and so on. It has made it necessary to change the narrative of the prevailing rental housing market. In order to settle the disputes swiftly, rent authority is also established. The law advances the goal of removing uncertainty and fostering trust between the landlord and the tenant. The benefits of the Model Tenancy Act, however, may only be felt by the rental market if the state governments choose to put it into practise because it is simply a "model" law. This paper aims to analyse the recently implemented Model Tenancy Act, emphasising its key components. The paper also analyses the Act in light of the Indian Constitution and makes an attempt to analyse its relevance in the prevailing circumstances.
Keywords: Model Tenancy Act, Tenant, Landlord, Rent, Agreement
