Delhi Rent Control Act, 1958: Key Provisions Explained

Most of the persons living in urban regions are, by one means or another, straightforwardly or by implication influenced by the law of rent control which is common in nature and it varies from State to State. The law which was relevant to Delhi was Delhi and Ajmer Rent Control Act, 1952 (38 of 1952).

Throughout the course of its materialization, numerous troubles were being confronted and it was viewed as important to establish an extensive law for Delhi. With a specific end goal to accomplish this target, the Delhi Rent Control Bill was presented in the Parliament.

The Delhi Rent Control Bill was passed by both the Houses of Parliament received the assent of the President on 31st December 1958. It came into force on 9th February, 1959 as THE DELHI RENT CONTROL ACT, 1958 (59 of 1958).

This Act may be known as the Delhi Rent Control Act, 1958. It reaches out to the regions included inside the points of confinement of the New Delhi Municipal Committee and the Delhi Cantonment Board and to such urban zones inside the breaking points of the Municipal Corporation of Delhi as are specified in the First Schedule:

The Act provides that the Central Government may, by notification in the Official Gazette, extend this Act or any provision of it to any other urban area within the limits of the Municipal Corporation of Delhi, or exclude any area from the operation of this Act or any provision of it.

It is worth noting that the Delhi Rent Control Act, 1958 remains the law in force in Delhi today. While the Centre introduced the Model Tenancy Act, 2021 to modernise tenancy law, it is only a model law that States and Union Territories may choose to adopt; it does not automatically replace existing State legislation. Until Delhi enacts its own law on the lines of the Model Tenancy Act, landlord-tenant disputes in the capital continue to be governed by the Delhi Rent Control Act, 1958.

The provisions as mentioned in this Act favour tenants and also safeguard the landlords only when both the parties follow the proper procedure before finalising the rent deal. Most of the landlords, for the sake of saving just a little amount of money, don’t follow the right process and allow tenants to start living in their premises.

Act not to apply to specific premises.-

(a) To any premises belonging to the Government; (Note: The expression “or” discarded by Act 57 of 1988, sec.2 (w.e.f. 1-12-1988).

(b) To any tenure or other like relationship made by an award from the Government in appreciation of the premises assumed rent, or demanded, by the Government:

[(note: Added by Act 4 of 1963, sec.2 (with review impact) Provided that where any premises having a place with Government have been or are legitimately let by any individual by temperance of a concurrence with the Government or overall, then, despite any judgment, pronouncement or request of any court or other power, the procurements of this Act should apply to such tenancy;]

[(c) (Note: Ins. by Act 37 of 1988), sec.2 (w.e.f. 1-12-1988) To any premises, whether residential or not, whose monthly rent exceeds three thousand five hundred rupees (Rs 3,500); or

(d) To any premises built on or after the beginning of the Delhi Rent Control (Amendment) Act, 1988, for a time of ten years from the date of finishing of such construction;]

If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more: delhi-lawyers.in