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Section 11 – The Delhi Rent Act, 1995

The Delhi Rent Act, 1995

 

11. Rent authority to fix standard rent, etc. –

 

(1) The Rent Authority shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any premises –

 

(i) The deemed rent for the purpose of clause (c) of sub section (1) of section 3,

 

(ii) The enhancement in rent in the manner proved in Schedule 1,

 

(iii) The standard rent as per the provisions of section 7,

 

(iv) The other charges payable as per the provisions of section 8, and

 

(v) The revision in rent as per the provisions of section 9 :

Provided that it shall not be permissible for the landlord to apply for the fixation of standard rent as per the provisions of section 7 in the case of tenancy entered into after the commencement of this Act.

 

(2) In working out the cost of construction of any premises or the market price of land comprised in such premises for the purpose of section 7 or the expenditure incurred for any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Rent Authority may take the assistance of a prescribed valuer who shall carry out the assessment in the manner prescribed.

 

(3) In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section 8 and the other circumstances of the case.

 

(4) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Rent Authority may also fix the standard rent of such part sub-let.

 

(5) Where for any reason in not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent as would be reasonable having regard to he situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises.

 

(6) The standard rent shall in all cases be fixed for a tenancy of twelve months.

 

Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears to twelve months.

 

(7) In fixing the standard rent of any premises under this section, the Rent Authority shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.

 

(8) In fixing the standard rent or lawful increase or decrease of rent or determining the other charges payable in respect of any premises under this section., the Rent Authority shall specify a date from which the amount, so fixed shall be deemed to have effect.

 

(9) The Rent Authority may, while fixing standard rent or lawful increase or decrease in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of installments as he deems proper.

 

 

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The Delhi Rent Act, 1995

 

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