Control the uncontrolled house rent

IN Dhaka city, house rent is a big concern for all the tenants. Most common allegation among the tenants is frequent inflation of house rent without reasonable ground and notice by the landlords. They also complain that landlord does not provide sufficient facilities in accordance with the contract even after receiving higher amount of money.
Often the agreement between landlord and tenant remains oral and both of the parties are reluctant to go for a written contract to avoid complexity. In reality, absence of a formal written contract creates further difficulties to determine the rights and responsibilities of the parties.
However, the House Rent Control Act, 1991 provides specific guidelines regarding the amount of house rent, payment, contract, receipt, rights and liabilities of both the parties, settlement of dispute etc. Whoever contravenes the provisions will face punishment. Senior Assistant Judge will perform the duty as house rent controller while determining any dispute between the parties.

Fixation of the amount of rent
The amount of house rent must be standard. The standard fair is equivalent to maximum 15% price of the existing market value of the building. No house owner can fix an arbitrary amount or can take more than the actual rent in the name of premium, security or salami whatsoever. This amount can be fixed amicably by the concerned parties. However, under some compelling circumstances the house rent controller can fix the rate.
The landlord cannot increase the amount of rent in any situation before the expiry of two years. In case of any anomaly, affected party can apply to the court to prevent such inflation. However, if any proprietor receives more than the standard rent then the court will issue a fine against him/her twice for the first time and thrice for next times.

Written contract can resolve many problems
A written contract between the landlord-tenant can resolve most of the problems arising out of household matters. Moreover, there will be less possibilities of having ambiguity in terms and condition of the contract hence, and no one can claim anything beyond his/her authority.
A registered agreement on a non judicial stamp can establish one's claim before the court strongly. The parties should mention the exact rate of rent, requirement of notice before eviction, nature of inflation of rent, time gap between the inflation, responsibility to repair and other necessary rights and duties of the parties.

Receipt must be given for payment
Every house owner is obliged to supply a signed receipt of payment to the occupant; otherwise the landowner will be liable to pay fine twice of the receiving amount. However, from this year if the rent exceeds tk 25,000/month, it will have to be paid through a separate bank account of the owner.

Amount of advance rent
Often it is alleged that the property-owners require huge amount as advance to rent a house. However, according to the provision of the law the renter is not liable to pay an amount more than one month rent as advance. A tenant can bring a legal action against whom who claims more than the amount of one month in advance and the owner can be fined for taking such more amounts.

Responsibility to repair
It is the duty of the landlord to repair his/her property time to time during the rent period. If the property owner denies to repair as per the stipulation of the Act then the occupier can apply to the rent controller to promulgate an order to repair. Then the rent controller will serve notice to the landowner to repair the house within a reasonable time.
Alternatively, the controller may permit the tenant to do necessary renovation within the estimated cost determined by the court. The tenant will adjust the expense from the rent latter. Where repair is urgent and if it reasonably predicts that without such reconstruction a serious damage may occur at any time then the tenant can serve 72 hours prior notice to the owner to repair. In that situation the tenant has to send an expected cost to the court immediately.
If the proprietor is failed to reform the building within 72 hours from the time of service of the notice then the tenant is entitled to do such essential reformation and he/she has to send the account of cost and adjust the sum from the rent.

No whimsical eviction
No owner can evict his tenant, unless the tenant violates the conditions of the contract. Hence, if the tenant pay the rent regularly, use the property as per the stipulation and maintain all other conditions of the contract then the tenant cannot be evicted from the possession of the property.
In absence of a written contract the tenant is liable to pay the rent within first 15 days of a month. However, in reality, most of the landlords demand the rent within 5 days after the commencement of a new month, but that is not the actual rule. Only after the expiry of 15 days the landlord acquires the right to evict his tenant. However, if anybody wants to evict his tenant reasonably then he should serve a 15 days prior notice in case of monthly tenant and six months prior notice in case of yearly tenant/lessee of a factory.
Nonetheless, no proprietor can evict his tenant during the pendency of a legal proceeding. However, if the owner continues to receive the rent after the expiry of the contract period then it will be presumed that the owner extends the agreement by taking the rent.

Deposit the rent in court
The property owner cannot refuse to take the rent and force the tenant to vacate his/her property unreasonably. If he denies accepting the money then the renter can pay the amount through money order addressing the owner within 15 days after the commencement of a month. If the property owner is unwilling to receive the amount through money order, then the tenant has option to apply through lawyer to the house rent controller to take the money. If the court permits then the occupant can deposit the rent to the court regularly within the stipulated time.
It will always not be possible to maintain a peaceful relationship between the landlord-tenant by mere imposing the provisions of law. The law may be able to force the person but it cannot ensure peaceful and pleasant environment to live.  Therefore an amicable settlement and mutual cooperation as well as obeying the law can maintain a healthy relationship between the parties. Nonetheless, both the parties have equal responsibility to perform their duties properly as they are dependent upon one another. Therefore, a helpful mind rather than a law can ensure peace between the landlords and the tenants.

THE WRITER IS A SENIOR LECTURER OF LAW, DHAKA INTERNATIONAL UNIVERSITY (DIU).