ATA Section 4 : Tenancy Agreement

Explanation using Example

Example 1: Timely Joint Notification of Tenancy Agreement

Introduction: Rina, a landlord in Guwahati, and her tenant, Arjun, enter into a tenancy agreement on January 1, 2023, for a residential property. They are aware of the requirements under Section 4 of The Assam Tenancy Act, 2021.

Application: According to Section 4(1) of the Act, Rina and Arjun must inform the Rent Authority about their written tenancy agreement within two months from the date of the agreement. They jointly submit the required form specified in the First Schedule on February 15, 2023.

Outcome: The Rent Authority, as per Section 4(4), provides a unique identification number to Rina and Arjun and uploads the details of the tenancy agreement on its website within seven working days. By complying with the notification requirement, Rina and Arjun ensure that their tenancy agreement is legally recognized, providing them with protection under the Act.

Conclusion: Timely joint notification helps both parties secure their rights and obligations under the tenancy agreement, avoiding any legal complications or disputes.

Example 2: Separate Notification Due to Joint Failure

Introduction: Sameer, a landlord in Dibrugarh, and his tenant, Priya, sign a tenancy agreement on March 1, 2023. Due to a misunderstanding, they fail to jointly inform the Rent Authority within the specified two-month period.

Application: As per Section 4(2) of the Act, since Sameer and Priya did not jointly inform the Rent Authority within two months, they must separately inform the authority within one month after the expiry of the initial period. They each submit their notifications by June 1, 2023.

Outcome: The Rent Authority processes their separate notifications and issues a unique identification number. The details of the tenancy agreement are uploaded to the website. Although they missed the joint notification, by separately informing the authority, Sameer and Priya ensure their tenancy agreement is still recognized.

Conclusion: Separate notification serves as a remedial measure to ensure compliance and legal recognition of the tenancy agreement, even if the initial joint notification is missed.

Example 3: Consequences of Non-Compliance

Introduction: Anil, a landlord in Tezpur, and his tenant, Meera, enter into a tenancy agreement on April 1, 2023. They neglect to inform the Rent Authority about their agreement.

Application: According to Section 4(6) of the Act, the information provided under sub-sections (1) and (2) is conclusive proof of the tenancy. Without this notification, Anil and Meera cannot seek any relief under the provisions of the Act.

Outcome: Due to their failure to notify the Rent Authority, Anil and Meera face legal challenges. For instance, if a dispute arises, they cannot rely on the Act for resolution, potentially leading to unfavorable outcomes.

Conclusion: Non-compliance with the notification requirement can result in significant legal disadvantages, emphasizing the importance of adhering to procedural obligations.

Example 4: Digital Platform for Submission

Introduction: The Rent Authority in Assam has established a digital platform for tenancy agreement submissions, as mandated by Section 4(3) of the Act.

Application: Landlords and tenants, like Suman and his tenant, Riya, can now submit their tenancy agreement information online in the local vernacular language. This digital platform simplifies the process and ensures timely compliance.

Outcome: By using the digital platform, Suman and Riya receive immediate confirmation of their submission, reducing the risk of delays or errors. The platform also provides a user-friendly interface, making it accessible to a wider audience.

Conclusion: The digital platform enhances efficiency and accessibility, facilitating compliance with the Act's requirements and promoting transparency in tenancy agreements.