Salient Features of PRRA 2009

1. Introduction

The Punjab Rented Premises Bill 2009, having been passed by the provincial Assembly of the Punjab on 4^th November 2009 and assented by the governor of the Punjab on 14^th November 2009 was published as an Act of the provincial Assembly of the Punjab.

2. Salient Features of the Punjab Rented Premises Act, 2009

Following are salient features of the Punjab rented Premises Act 2009

i. Preamble

Punjab Rented Premises Act, 2009 is an Act to regulate the relationship between landlord and tenant in respect of rented premises.

ii. Purpose and Object

Purpose and object of the Punjab Premises Act 2009 is to restrict the ejectment of tenants urban immoveable property.

iii. Substantive as well procedural

PRPA 2009 is substantive as well procedural. It defines the substantive right of the individual. Procedural law is to facilitate justice and further its ends.

iv. Extent of the Punjab Rented Premises Act

PRPA 2009 extent to the whole of the Punjab.

v. Tenancy Agreement

Tenancy is relationship between landlord and Tenant. Tenancy is created by an agreement between landlord and tenant such agreement is called Tenancy agreement.

vi. Sub-letting

A Tenant shall not, without the prior consent of the landlord, suble the whole or a part of the premises, or transfers or assign a right under the tenancy.

vii. Landlord and Tenant

Landlord is a person who is the owner of a premises and includes a person for the time being entitled or authorized to receive rent in respect of the premises. And Tenant is a person who undertakes or is bound to pay rent as consideration for the occupation of a premises by him or by any other person on his behalf.

viii. Important Obligation of Landlord

a. Landlord shall provide a certified copy of the Tenancy agreement to the tenant.

b. Repair the tenancy as may be necessary.

c. Pay the tax, fee or charge levied on the premises.

d. Landlord shall not enter the premises without giving notice.

e. Landlord shall not cut off, suspend or withhold, without just or sufficient cause an amenity, utility or easement of the premises.

ix. Important obligation of Tenant

a. Tenant shall keep the premises clean.

b. Use the premises accordance with the purpose of letting out.

c. On the termination of tenancy hand over the possession to landlord.

d. Not cause Nuisance.

e. Not make structural change without permission of landlord.

x. Grounds for Eviction

Tenant can be evicted on the ground mention U/S 15 of the Punjab Rented Premises Act 2009.

xi. Rent Tribunal

Govt. shall establish Rent Tribunal in a district or area as it may deem necessary.

xii. Period for Disposal of Application

The Rent Tribunal shall pass a final order on an application as expeditiously as possible but not later than four months from the date of application.

xiii. Appeal

A person aggrieved by a final order may within 30 days, prefer an appeal in writing before the district judge.

Time period of Decision of Appeal

Appeal shall be decided within a period of two months from the date of filing of the appeal.

xiv. Provisions of Q.S.O 1984 not applicable

Provisions of civil procedure code 1908 not applicable to the proceeding under the Punjab Rented Premises Act 2009.

xv. Provisions of Civil Procedure code 1908 not applicable

Provisions of civil procedure code 1908 not applicable to the proceeding under the Punjab Rented Premises Act 2009.

xvi. Repealing of U.R.R.O 1959

By virtue of Section 35 the Punjab Urban Rent Restriction Ordinance 1959 was reaped.

xvii. heritable Asset

Legal heirs of the Tenant in the event of death of the tenant would continue to be in occupation of the premises as tenant. So under Punjab Rented Premises Act 2009 Tenancy is a heritable asset.

Conclusion

To conclude it can be said that Punjab Rented Premises Act 2009 regulate the relationship between landlord and tenant Punjab Rented Premises Act provides mechartism for settlement of disputes in a special manners.

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