I want to know the rights of a tenant who is residing since 1943 in a trust building and now the building is to be demolished and new building is to be made. In 1933 when the building was made there was no practise of leave & licence agreement. The tenancy was on the basis of rent only. Now the trustees want to build new building and offer same area on rent in new building to the tenants. Thus, I wanted to know what rights/ benefits are available to tenants who are residing for more than 65 years.
The tenant cannot be dehoused but at the same time he can be offered the same area (sq.ft.) by the landlord under the pretext of landlord requiring the same premises for his personal use. He may give you cash in alternate settlement.
31 October 2007
Thanks Kapil. However, what about tenants being given same area on rent. Whether they would be eligible for same area on ownership basis?
The law permits the tenant to take the same area and it all depends on all the tenants collectively to decide whether they want ownership or rental and also what type of agreement is reached. Generally from the landlord's point of view they prefer tenancy at other area or cash payment. From tenant's point of view the location and the economics of rent is important because new rents are exhorbitant. Please take care in draft of MOU being reached.
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