State · Delhi
Section 2 of The delhi rent control act, 1958
In this Act, unless the context otherwise requires,--
- (a)"basic rent", in relation to premises let out before the 2nd day of June, 1944, means the basic rent of such premises as determined in accordance with the provisions of the Second Schedule;
- (b)"Controller" means a Controller appointed under sub-section (1) of section 35 and includes an additional Controller appointed under sub-section (2) of that section;
- (c)"fair rate" means the fair rate fixed under section 31 and includes the rate as revised under section 32;
- (d)"hotel or lodging house" means a building or part of a building where lodging with or without board or other services is provided for a monetary consideration;
- (e)"landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;
- (f)"lawful increase" means an increase in rent permitted under the provisions of this Act;
- (g)"manager of a hotel" includes any person in charge of the management of the hotel;
- (h)"owner of a lodging house" means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house;
- (i)"premises" means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes,--
- (i)the garden, grounds and outhouses, if any, appertaining to such building or part of the building;
- (ii)any furniture supplied by the landlord for use in such building or part of the building; but does not include a room in a hotel or lodging house;
- (j)"prescribed" means prescribed by rules made under this Act;
- (k)"standard rent", in relation to any premises, means the standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent; 1[(l) "tenant" means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes--
- (i)a sub-tenant;
- (ii)any person continuing in possession after the termination of his tenancy; and
- (iii)in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and Explanation II to this clause, such of the aforesaid person’s--
- (a)spouse,
- (b)son or daughter, or, where there are both son and daughter, both of them,
- (c)parents,
- (d)daughter-in-law, being the widow of his pre-deceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include,--
- (A)any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976 (18 of 1976);
- (B)any person to whom a licence, as defined by section 52 of the Indian Easements Act, 1882 (5 of 1882), has been granted. Explanation I.--The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows:--
- (a)firstly, his surviving spouse;
- (b)secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his death;
- (c)thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and
- (d)fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death. Explanation II. ---If the person, who acquires, by succession, the right to continue in possession after the termination of the tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished. Explanation III.--For the removal of doubts, it is hereby declared that,--
- (a)where, by reason of Explanation II, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category or categories, as the case may be;
- (b)the right of every successor, referred to in Explanation I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs;]
- (m)"urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957).
Summary
- A landlord is defined as any person who receives or is entitled to receive rent for a premises, whether for themselves or on behalf of another, such as a trustee, guardian, or receiver.
- A tenant is any person who pays rent or on whose behalf rent is payable, including sub-tenants, people continuing in possession after a tenancy ends, and certain surviving family members who lived with them.
- A premises is any building or part of a building let separately for residential, commercial, or other use, including gardens, outhouses, and supplied furniture, but excluding hotel rooms.
- A Controller is the official appointed under Section 35(1) and includes any additional Controller appointed under Section 35(2).
- A fair rate means the rate fixed for hotel or lodging house services under Section 31, including any revised rates under Section 32.
- Standard rent is the rent referred to in Section 6 or any increased rent permitted under Section 7.
Practical examples
1Mohan acts as the legal guardian for minor child Rahul and collects monthly rent of 3,000 rupees for a flat. Under the law, Mohan is considered the landlord because he is entitled to receive the rent on behalf of another person.
2Seema rents a small shop from Tarun. After her lease expires, she continues to run her shop and pays rent monthly. Even though the lease has ended, the law still defines Seema as a tenant with full protection against arbitrary eviction.
FAQ
1. Does the term landlord only apply to the actual property owner?
No, a landlord can be anyone who is entitled to collect rent, including trustees, guardians, receivers, or agents acting for another person.
2. Are individual hotel rooms covered under the definition of premises?
No, the definition of premises specifically excludes a room in a hotel or lodging house.
3. Who is considered a Controller under this Act?
A Controller is the officer appointed under Section 35(1) of the Act, and it also includes any additional Controllers appointed under Section 35(2).
4. What does fair rate mean in this Act?
A fair rate is the rate fixed for board, lodging, or services in a hotel or lodging house under Section 31, or as revised under Section 32.
5. Can family members continue a tenancy after the tenant dies?
Yes, surviving family members like a spouse, children, parents, or widowed daughter-in-law who lived with the tenant up to their death can succeed to the tenancy in a specific order of priority.
Test yourself
Q1.Under Section 2 of The delhi rent control act, 1958, which of the following is specifically excluded from the definition of premises?
Q2.Under Section 2 of The delhi rent control act, 1958, who among the following is included in the definition of a landlord?
Q3.Under Section 2 of The delhi rent control act, 1958, how does the definition of Controller connect with the provisions of Section 35 of the Act?
Q4.Under Section 2 of The delhi rent control act, 1958, how is the term fair rate defined in relation to Section 31 and Section 32 of the Act?
Q5.Under Section 2 of The delhi rent control act, 1958, which of the following is excluded from the definition of a tenant?