This article is written by Anam Siddiqui of BALLB of 3rd Semester of Sadanlal Savaldas Khanna Girls Degree College, Prayagraj, an intern under Legal Vidhya.
Abstract:
This article is going to deal with the power of tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition. Such powers hold a prominent position in ensuring impartiality while adjudicating the conflicts between the parties. This article will make you dive through such powers of tribunals highlighting the main legal principles according to which such disputes are settled down. This article will make you aware of the legal set of rules which are related to the power of the tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition highlighting the role of involved parties in the case.
Keywords: Tribunal, Rent, Landlord, Arrears, Adjudication, Equilibrium, Arbitrary eviction,
Introduction:
The power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition is an important power driven by the legal set of rules by which the conflicts relating to the tenancy and rents are settled. Is ensures impartiality between the tenant and the landlord and provide settlements of time. Tribunals have been given power to settle the tenancy and rental conflicts.
Tribunals are a kind of extra-ordinary body established in addition to the other courts and are more handy, adjudicating the conflicts between the tenant and the landlord. They have power to use appropriate statutes and rules to the conflicts concerned with rents.
The power of a tribunal to order the payment of rent and arrears helps in dealing the expenditure and revenue effects and the struggle that can arise between both the parties. Landlords require the payment of rent on time because he/she himself has to fulfil his/her own monetary needs. Contrary to this, the tenant may have his own problems like poverty, unemployment, due to which he/she is unable to pay the rent on stipulated time.
The power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition helps in making the struggle of tenant and landlord less severe and
painful.
Different pointers and the financial condition of the petitioner and respondent are kept in mind while ordering payment as this power of the tribunal cannot be exercised arbitrarily. As one of the main aims of such power is to ensure impartiality and equity and to create a proper state of equilibrium concerning the interest of both are parties involved. Safeguards are also followed to prevent any kind of misuse of powers.
Historical Background:
We can dig up the power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition from the initial phases of twentieth century where different provision regarding regulation of rent came into force due to the then societal and economical challenges.
War pours a severe negative impact on the society as well as an economy of a country. During the time of World war, I and World war II, several countries enacted laws in order to regulate the rent so that the people must not face the housing problems at the time of such crisis when there was shortages and inflationary pressures in the economy.
Afterwards, need for Rental Laws necessitated to keep a check on increase of rents, settling disputes between the landlord and tenant, and establishing a tribunal also for such purpose.
These tribunals played very crucial role in addressing the problems of payment of rent and arrears. With the passage of time, grating special powers to such tribunals added a cherry over the cake and helped to overcome hardships.
Modern tenancy laws have been enacted in order to promote the creditable work of tribunals.
Laws relating to tribunal to order the payment of rent and arrears:
Different states have different legislations relating to rent and tenancy signifying different powers to tenant and the landlord. These legislations deal with the conflicts relating to the payment of rents, settlement of conflicts. The power of a tribunal is also bestowed to order the payment of rent and arrears thereof during the pendency of an appeal or a petition.[1]
Rent Control Act, 1948:
Rights granted to a tenant are listed below:
- No arbitrary eviction: The rent control act specifically lays down the grounds on which he/she can evict the tenant by giving notice and on reasonable reasons. This act prevents the landlord from evicting the tenant arbitrarily on unreasonable grounds.
- Tenure security: Under the Act, the tenants can stay till the period mentioned in the rent agreement relying on the terms mentioned in such agreement.
- Regulating rent: The Act also provides provision regarding the regulation of rent and factors guiding the regulation of rent to prevent the landlord from taking unfair advantage from the tenant.
- Fair practices: The act protects the interest of the tenant and prevents the landlord from arbitrarily evicting the tenant, harassment, or demand of heavy deposits.
- Repairs: Tenants can ask the landlord for maintenance and repairing of the premises to keep it in a habitable condition.
- Settlement of the conflicts: The act provides a machinery for settling the conflicts between the tenant and the landlord through the courts and tribunals.
- Agreement/Contract: The provision regarding the rent agreement and lease contract is mentioned in the Act. The terms and conditions regarding rent should be mentioned in the agreement.
The Model Tenancy Act, 2021:
The objective of this Act is to create a modernized and regular code for tenancy. The states can opt this act and also have discretion to modify the provisions as per the needs.[2]
Acts regarding Tribunals: The acts provide for the establishment of tribunal and giving it power to order the payment of rent and arrears. These acts also provide the powers, procedures, abilities and orders of the tribunals.
Judgements:
Judgements that are given by the courts are also used by the tribunals in ordering the payments of rents and arrears. Judgements given by the Hight courts and Supreme court are used as a reference by the tribunals in passing such orders.
Impartiality and Equity:
The principle of impartiality and equity also supports the power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition. Monetary backgrounds of the parties, essential issue, and such other factors are taken into consideration in taking a proper and justifiable decision.
Powers of Rent Tribunal:
Under the Model Tenancy Act, 2021, the tribunal have been given the same power as that of a civil court mentioned under the Code of Civil Procedure, 1908, for following purposes:
- calling for the attendance of any person and inspecting an oath to him;
- the finding and producing the documents;
- issuing tasks for inspections of the witnesses or documents;
- issuing tasks for local investigation;
- collecting evidence on affidavits;
- rejecting an application/appeal for default or deciding it exparte;
- giving up any order of dismissal of any application/appeal for default or any other order passed by it ex-parte;
- implementation of its order and decisions under this Act without reference to any civil court;
- evaluating its orders and decisions;
- any other matter which may be prescribed.[3]
Comparative Analysis:
Authorizing laws:
Comparing and analysing the laws of different countries and granting more specialised powers to the tribunals power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition.
Valid Grounds for order:
Analysing grounds on which tribunals have the power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition and checking its validity.
Factors emphasized by tribunals:
Have a look on the criteria taken into the consideration by the tribunals in deciding to give order the payment of rent and arrears thereof during the pendency of an appeal or a petition. Comparing such factors can help in protecting the rights and interests of the tenant and the landlords.
Equity and fairness:
Decisions of the tribunals must be governed by the principles of equity and fairness. Analyse to check is there any difference in interpretation of such principles.
Safeguards to protect the Power:
Use the safeguards within the legal systems of different countries to prevent abuse of power by tribunals when ordering payment of rent and arrears. Compare the machinery in order to ensure accountability and fairness in tribunal decisions.
Efficiency and Accessibility:
Comparing the efficiency and accessibility of the tribunal’s work in various countries, including the easy accessibility for the parties involved in the dispute and the effectiveness of the proceedings in resolving rental conflicts properly.
Developments suggested:
- ADRs and Mediation: Parties should be made aware of the alternative dispute resolution and mediation. It could prevent a complex and time-consuming procedure. By such cooperation, we can preserve the sanctity of landlord and tenant relationship.
- Standard protocol: standard guidelines should be formed regulating the power of a tribunal to order the payment of rent and arrears thereof during the pendency of an appeal or a petition. These guidelines should be formulated by keeping in mind the various factors regarding circumstances.
- Analysis: Data Analysis should be conducted and prepared for rent payments during the pendency of a petition or appeal. Market data regarding rent rates can assist the courts in determining the reasonable rents.
- Online settlements: Technological reforms in the field of judiciary can help the issues out. Technological growth can speed up the case resolutions and other processes of litigation can be performed online. It can increase the efficiency of the system and help in reducing the delays in passing the orders.
Recommendations:
- Time should be respected. So, delays should be prevented so that the parties could overcome the struggles occurring.
- The principles of equity and impartial justice should be strictly be followed to ensure equal treatment to the parties.
- Orders should be passed clearly. No vagueness should be left in the minds of the parties.
- Tribunals should accelerate its open handiness to all peoples especially to those who have no legal awareness.
By inculcating the above recommendations and developments, the power of a tribunal to order the payment of rent and arrears can become more useful to the aggrieved parties.
Conclusion:
The power of a tribunal to order the payment of rent and arrears thereto during the pendency of an appeal or a petition, plays a vital role in settling the disputes effectively and ensuring the impartiality and justice to the aggrieved parties. Powers differ in different tribunals, some have broader while some have narrower scope of power. Legal awareness should be increased so that people can have access to these reliefs available.
References:
- Legal Vidhiya, https://legalvidhiya.com/power-of-tribunal-to-order-payment-of-rent-and-areas-thereof-during-pendency-of-petition-or-appeal/ ,(last visited 26 Nov 2023)
- Legal Service India, https://www.legalserviceindia.com/legal/article-3420-basics-and-analysis-of-rental-laws.html ,(last visited 26 Nov 2023)
- Mondaq, https://www.mondaq.com/india/landlord–tenant—leases/1146342/the-model-tenancy-act-2021-resolution-of-tenancy-disputes ,(last visited 26 Nov 2023)
- Drishtiias, https://www.drishtiias.com/daily-updates/daily-news-analysis/model-tenancy-act-2 ,(last visited 26 Nov 2023)
[1] Legal Vidhiya, https://legalvidhiya.com/power-of-tribunal-to-order-payment-of-rent-and-areas-thereof-during-pendency-of-petition-or-appeal/#:~:text=One%20of%20the%20key%20powers,the%20course%20of%20a%20dispute. ,(last visited 26 Nov 2023)
[2] Ministry of Housing and Urban Affairs, https://mohua.gov.in/upload/whatsnew/5d25fb70671ebdraft%20Model%20Tenancy%20Act,%202019.pdf ,(last visited 26 Nov 2023)
[3] Ministry of Housing and Urban Affairs,, https://mohua.gov.in/upload/whatsnew/5d25fb70671ebdraft%20Model%20Tenancy%20Act,%202019.pdf , (last visited 26 Nov 2023)
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