Smita Pani: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

Sunday, 31 July 2016

Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

Any attempted paying part of rent to court (or to any other third party, such as landlord's spouse, children, siblings, or parents) is of no use, as rent is due to landlord under the tenancy agreement (presumed, consensual, oral or written), not to court.  It does not bind or affect in any way landlord's remedies against tenant, including self-help.  He can completely ignore any such payment into court (or other third parties), even of full rent, or rent in advance. 

S Narayanaswamy

 On Monday, August 1, 2016 10:35 AM, "'Group Gmail' groupstonath@gmail.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

I understand that some tenants overcome this (non payment of rent)  by   paying a small portion of the rent directly to court which prevent the landlord   from taking action. They have to file separate appeals for the arrears. Under   the current laws it is very easy for the tenant to harass a landlord but not   vice versa unless of course use of gangsters and such muscle power is employed   by the land lord.
It is time that the tenancy act is thoroughly revised.
Ravi
 
From: mailto:worldmalayaliclub@yahoogroups.com   
Sent: Friday, July 29, 2016 10:17 AM
To: worldmalayaliclub@yahoogroups.com   
Subject: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER   PAYING RENT NOR VACATING.
 
In Kenya where I am resident the Law is based on English and Indian   Law you can go and lock the house and also seize belongings of the tenant not   paying the Rent without recourse to the court
This clause should be   incorporated in the Tenancy Agreement 
I am not a Lawyer by profession but I   am sure there must be a way forward to evict the tenant 
Also try to give to   a Real estate Agent to collect /evict the tenant as these Agents have the   connections to Fast track the legal process
Shabbir Taherali Dadabhai
cellphone +254723024308
On Jul 29, 2016 04:36, "'Capt. P.S. Sivankutty' kailasam99@gmail.com [worldmalayaliclub]"       <worldmalayaliclub@yahoogroups.com>   wrote:
       
Dear Sir,
 
why not form a group to put pressure on the government to create rules to     look after the 
senior citizens?
 
best regards
 
Capr Sivankutty

Sent from my iPad

On 22-Jul-2016, at 15:46, potharaju rajabhushanarao rajabhushanarao@gmail.com [worldmalayaliclub] <worldmalayaliclub@yahoogroups.com> wrote:

 It  is  sad to note how our judiciary is functioning.       Courts are meant for political bigwigs and MNCs.Ordinary people don't get       justice quickly. .Justice delayed is justice denied.There is no preference       or priority for cases involving senior citizens.Home some wellwisher       advocate will come to your rescue.
 
On Jul 21, 2016 5:23 AM, "guruprasad prasad guru_gem48@yahoo.co.in [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:
       
GOOD  MORNING  MY   YAHOOITES,
 
i AM A 70 YEAR  YOUNG CITIZEN FROM  KARNATAKA.. i         HAVE LET OUT MY  HOUSE TO A TENANT  WHO HAS STOPPED PAYING RENT         AND NOT VACATING . i HAVE FILED A SUIT. THE JUDGE AFTER 15 MONTHS OF         ARDUOUS BATTLE HAS AVERRED THAT SINCE THE CASE IS NOT UNDER h.r.c.(hOUSE         rENT CONTROL) LAWS AND SINCE THE LEASE PERIOD HAS EXPIRED  NO ORDER         CAN BE PASSED FOR PAYMENT OF RENT IN TO THE COURT.  iT IS FURTHER         SAID THAT MY REMEDIES LIES IN SEEKING  DAMAGES WHICH IS AFTER THE         CASE IS DECIDED.
 
THE LEASE EXPIRED 24 MONTHS BACK.  TtHE DEFAULT IS FOR         OVER 24 MONTHS. THE CASE HAS RUN FOR 15 MONTHS.  i  DEPEND ON         RENT FOR  MY LIVING.  iF I HAVE TO WAIT FOR  DAMAGES WHICH         MAY  REACH ME AFTER 20 FURTHER MONTHS OF COURT PROCEDURE, WHAT ABOUT         MY LIVING ? AND THEN WHAT IS THE GUARANTEE THAT  THE  DEFAULTING         TENANT  WILL  NOT GO FOR APPEAL. 
 
ARE TENANCY LAWS ARE FOR THE BENEFIT, THAT TOO OF ILLEGAL         OCCUPANTS ONLY ?.  ARE THERE  NOT ANY REMEDIES UNDER SUCH         CIRCUMSTANCES FOR A HAPLESS OWNER ? FURTHER WHAT DIFFERENCE IT MAKES TO         A  ARBITRATOR IF THE SUIT IS UNDER  H..R. C. LAWS OR NOT. THE         BASIC  GRIEVANCE IS ABOUT NOT GETTING RENT PAID. 
 
CAN ANY ONE OF YOUR READERS HELP ME BY SUGGESTING WAYS AND         MEANS TO GET OVER LEGALLY .
 
REGARDS,
 
YOURS DESPERATELY,
 
GURUPRASAD.