rent building owners’ association (
) has come out with a demand to incorporate changes in Kerala Buildings (Lease standard rent and other facilities) 2013 draft bill.
“The bill was drafted during the tenure of UDF government. As the LDF government plans to present the bill in the assembly, they should take into consideration the grievances of building owners,” said KRBOA state general secretary P S Vipin Palluruthy.
KRBOA has listed out changes that have to be incorporated in the draft bill.
Citing the case of buildings on Broadway, real owners of many buildings are not receiving the rent. Merchants who came as tenants have become custodians of these buildings. The bill fails to protect the interest of real building owners.
“The bill should incorporate provisions, which help real owners get back their property and evict the tenants who have occupied these spaces,” said KRBOA state president T H Badarudeen Hajee. According to building owners, as land value varies from place to place, the rent should be decided based on land value and expenditure incurred for constructing buildings.
KRBOA insists that the agreement reached between the tenant and the building owner should not be challenged in the court. The draft bill provides the provision for tenants to file complaints with the rent controller court to bring down the rent based on the report submitted by an inspector appointed by the count.
The building owners want to remove the clause from the bill. The agreement reached between the owner and the tenant must be registered, and there should be a provision for both parties to mutually agree to dissolve the agreement.
“In case of death of the tenant, who has reached the agreement with the owner, and if the nature of the business changes, then there is a need to renew the agreement signed with the owner to facilitate partners or family members to continue using the premises. We could not allow inheritance,” said Palluruthy.
KRBOA challenged the clause which insists on obtaining the consent of the tenant for undertaking construction works in the property, which remained attached to the space that is given for rent.
Every year, there should be a 7% increase in the rent, and every three years when the agreement is renewed there should be a 20% increase in rent.
In case of a dispute between the owner and the tenant, KRBOA wants the tenant to remit the rent before a court. They also want a facility by which the owner can withdraw the money from the court monthly.
“The builder owner should have the powers to choose the tenant. There is no need for the building owners to consult the previous tenant before giving the building for rent to a new tenant,” he said.
Clauses that mention on evicting the tenant are completely against the interests of building owners and it gives an upper hand to the tenants.
“It is violation of constitutional rights,” said Palluruthy.