Your Advocate
This week Your Advocate is Barrister Tanjib-ul Alam Advocate, Supreme Court of Bangladesh. He is the head of the chamber of a renowned law firm, namely, 'Tanjib-ul Alam and Associates ',which has expertise mainly in commercial law, corporate law, admiralty, employment and labor law, land law, banking law, constitutional law, telecom law, energy law, Alternative Dispute Resolution, Intellectual Property Rights and in conducting litigations before courts of different hierarchies.
 |
Photo: Star |
Query
What are the terms and condition in the concerned Act in regard to house rent? Most of the house owner in Dhaka city force their tenants to maintain a so called agreement which is set out by arbitrary terms and conditions stipulated by house owner. The tenants are compelled to maintain such terms and conditions finding no alternative. Is there any remedy under any Act in Bangladesh? If there is, what is the procedure to get remedy?
Ariful Islam
Mohammadpur, Dhaka
Response
Thank you for your query. You have raised an issue which is at the heart of Dhaka city dwellers who have no place to live on their own and compelled to rent premises for their living.
Thankfully, the Parliament has passed a legislatio protecting the tenants. Under the Premises Rent Control Act 1991 a landlord cannot fix any rent at his sweet will. This Act also prohibits increase of rent beyond the standard rent. Though there is no specific definition of the standard rent but section 15 of this Act and Rule 7 of the Premises Rent Control Rules 1964 defined the standard rent.
Section 7 of the Act imposes restrictions in increasing rent beyond certain rate. This section provides that subject to the provision of this Act where the rent of any premises has been increased so as to exceed the standard rent the amount of such excess shall, notwithstanding any agreement to the contrary, be irrecoverable. Section 23 of the Act also provides for penalty for recovering in excess of the standard rent. Under this section whoever knowingly receives whether directly or indirectly a rent in excess of the standard rent for any reason other than those specified in section 8 or in section 9 he may be punished to a fine which may be extend to twice the amount recovered in excess of the standard rent, and every subsequent occasion to a fine which may extend to three times the amount of such excess. If any landlord receives, asks for or invites whether directly or indirectly any premium, salami, security or any other like sum in addition to the standard rent for any reason other than those specified in section 11 the accused landlord may be fined which may be extend to two thousand taka on the first occasion and on every subsequent occasion to a fine which may extend to five thousand taka.
If any landlord receives any sum as rent in advance in excess of one month's rent without the written consent of the Rent Controller the landlord may be fined which may extend to double the amount which he received in excess of one months rent and every subsequent occasion to a fine which may extend to three times the amount received in excess of one month's rent. Under this Act Govt. may appoint any person as a controller for any area to exercise the powers and functions and discharge the duties conferred and imposed upon a controller by or under this Act. Generally a senior assistant judge is treated as a rent controller.
If any disputes arise regarding the house rent any tenant can seek remedy before the Rent Controller and the Controller has the jurisdiction to settle the dispute under the provisions of the Act. If any landlord improperly refuses to accept the rent, a tenant can take steps for the protection of his tenancy by filing an application to the Rent Controller and depositing the rent with the Controller.
To sum up, the tenant must pay the rent in terms of the contract and in the absence of the contract within fifteenth day next following month on which the rent falls due. If the landlord refuses to accept the rent tendered by the tenant, he must remit the rent within the fifteenth days of the following month by money order. If the rent remitted by money order is refused the tenant can deposit the rent before the rent controller within the fifteen days of the refusal.
In your query you have said most of the house owner in Dhaka City force their tenants to maintain a so called agreement which is set out by the arbitrary terms and conditions stipulated by house owner. Under the laws of Bangladesh, there is no scope to enter into any deed which is in violation of law. If any landlord compels its tenant to agree on a term which is in violation of the laws of Bangladesh, the tenant can take recourse of law by filing a suit for cancellation of the deed in civil court.
Thank you.
For detailed query contact: info@tanjibalam.com
