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    Sunday, 10 January 2016

    Tenancy Agreement and it’s Contents

    1. Introduction
    Tenancy is relationship between Landlord and Tenant. Tenancy is created by an agreement between Landlord and Tenant such agreement is called Tenancy agreement.

    2. Relevant Provisions
    Section 5, 6, Punjab Rented Premises Act 2009

    3. Agreement between Landlord and Tenant U / S 5

    i. Obligation of Tenant
    A landlord shall not let out a premises to a tenant, except by Tenancy agreement.

    ii. Presentation of Tenancy Agreement
    A Landlord shall present the tenancy agreement before the rent registrar.

    ii. Presentation of Tenancy Agreement
    A Landlord shall present the tenancy agreement before the rent registrar.

    iii. Duties of Rent Registrar
    The Rent Registrar shall
    a. Enter the particulars of the tenancy in a register
    b. Affix his official seal on tenancy agreement.
    c. Retain a copy thereof
    d. Return the original agreement to the Landlord

    iv. Duty to Register the Tenancy Agreement
    A entry of particulars of tenancy shall not
    a. Absolve the Landlord or
    b. Absolve the tenant i. of their ii. To register the tenancy agreement iii. Under the law relating to registration of documents

    v. Execution of Tenancy Agreement
    An agreement which may be executed
    a. between the Landlord and tenant
    b. In respect of premises
    c. shall be resented before the rent registrar
    d. In the same manner as provided in sub-sec (2) of sec (5) of the Punjab Rented Premises Act, 2009.

    4. Proof of the Relations ship between Landlord and Tenant

    A tenancy agreement entered in the office of the Rent Registrar or a certified copy thereof shall be a proof of the relationship between the Landlord and tenant.

    5. Tenancy Agreement

    According to sec 2 (m) Tenancy agreement means an agreement in which Landlord lets out a premises to a tenant.

    Essentials of Tenancy Agreement
    a. An agreement
    b. Landlord
    c. Tenant
    d. Premises
    e. Letting out
    f. Written

    6. Contents of Tenancy Agreement u/s 6

    1. contents of Tenancy agreement are as under
    a. Particulars of the landlord and tenant
    b. Description of the premises
    c. Period of Tenancy
    d. Rate of Rent, Rate of enhancement, due date and mode of payment.
    e. Particulars of Bank Account of the Landlord it the rent is to be paid through a bank
    f. The purpose for which the premises is let-out
    g. Amount of advance rent security or pagri. If any
    2. If the Tenure of the Tenancy is fixed, but a rent is fixed only for a part of the tenure, in the absence of any stipulation to the contrary in the tenancy agreement, the rent shall be deemed to remain the same for the whole of the tenure.

    7. Conclusion

    To conclude it can be said that relationship of Landlord and the tenant comes into existence by virtue of agreement between them and this agreement is called tenancy agreement. Sec 6 of the Punjab Rented Premises Act 2009 describes the contents of tenancy agreement.
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    Item Reviewed: Tenancy Agreement and it’s Contents Rating: 5 Reviewed By: Usman Ali
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