The Assam Tenancy Act, 2021

The Assam Tenancy Act, 2021 (ATA) is a legislative framework designed to regulate tenancy agreements and protect the rights of landlords and tenants in Assam. The act establishes a Rent Authority to oversee tenancy matters, ensuring fair practices and efficient dispute resolution.

Preliminary Provisions (Sections 1–3)

The act begins with preliminary provisions, including the short title, extent, and commencement details. It applies to the entire state of Assam and defines key terms such as "landlord," "tenant," and "premises," which are essential for interpreting the act's provisions.

Tenancy Agreements and Regulations (Sections 4–7)

This section mandates written tenancy agreements, which must be reported to the Rent Authority. It outlines the period of tenancy, rights and obligations of successors in case of death, and restrictions on sub-letting. The act emphasizes the use of digital platforms for document submissions to streamline processes.

Rent and Financial Provisions (Sections 8–11)

The act specifies the rent payable as per the tenancy agreement and the process for revising rent. It includes conditions for rent increases following property improvements and empowers the Rent Authority to resolve rent disputes. Security deposit limits for residential and non-residential premises are also detailed.

Rights and Obligations (Sections 12–20)

Landlords and tenants have defined rights and obligations, including the retention of original tenancy agreements, rent payment, and property maintenance. The act addresses landlord entry into premises and the role of property managers, ensuring essential services are maintained.

Eviction and Recovery of Possession (Sections 21–29)

Conditions for tenant eviction, such as non-payment of rent or misuse of premises, are outlined. The Rent Court adjudicates these matters, with specific provisions for eviction in special circumstances, like the death of a landlord.

Rent Authorities and Legal Processes (Sections 30–38)

The act details the appointment and powers of Rent Authorities and the appeal process. Rent Courts and Tribunals are established to handle tenancy disputes, with procedures emphasizing natural justice and efficiency.

Miscellaneous Provisions (Sections 39–47)

This section includes the appointment of officers, bars civil courts from tenancy-related suits, and outlines court fees. It grants public servant status to certain officials and provides protection for actions taken in good faith. The act also repeals the Assam Urban Areas Rent Control Act, 1972.

Schedules

The schedules provide forms and guidelines for tenancy agreements, detailing the division of maintenance responsibilities between landlords and tenants.

Overall, the Assam Tenancy Act, 2021, aims to foster harmonious landlord-tenant relationships by providing a clear legal framework for tenancy agreements and dispute resolution, aligning with state-level legal standards.