Determination of fair rent under Cantonment Law

In this forum we will discuss and post laws and related matter about the Rent laws in Pakistan especially Sind Rented Premises Ordinance 1979 and The Cantonment Rent Restriction Act 1963

Determination of fair rent under Cantonment Law

Unread postby Admin » Sun Jan 13, 2013 7:55 pm

Determination of fair rent. --
(l) The Controller shall, on an application by the tenant or landlord of building, fix fair rent for such building after holding such enquiry as he may think fit.
(2) The fair rent shall be fixed after taking into consideration the following factors, namely -
(a) the rent of the same building or similar accommodation in similar circumstances prevailing in the locality at the time of, and during the period of twelve months prior to the date of, the making of the application;
(b) the rise, if any, in the cost of construction and of the repair and maintenance charges as well as changes in the existing taxes after the commencement of the tenancy; and
(c) the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under Section 72 of the Cantonments Act, 1924 (II of 1924).
(3) The fair rent fixed under this section shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier than the date of filing of the application.
(4) If the fair rent fixed under sub-section (2) exceeds the rent being paid by the tenant on the date of the filing of the application under this section, the maximum increase of rent payable by the tenant shall not be more than twenty-five per cent of the rent already being paid by him.
(5) When the fair rent of a building has been fixed under this section, or where the rent of any building has been determined by an agreement between the landlord and the tenant, no further increase in such fair rent shall, during the continuance of tenancy be permissible within a period of three years from the date fixed by the Controller under sub-section (3) or from the date of the agreement, as the case may be, except in case where some addition, improvement or alteration has been carried out at the landlord's expense and at the request of the tenant.
(6) The fair rent as increased on grounds of some addition, improvement or alteration made permissible under this section shall not exceed the fair rent payable under this Ordinance for a similar building in the same locality with such addition, improvement o' alteration and it shall not be chargeable until such addition, improvement or alteration has been completed.
(7) Any dispute between the landlord and tenant in regard to any increase claimed on grounds of some addition, improvement or alteration made permissible under this section shall be decided by the Controller].
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