Latest news with #TenancyAct
Indian Express
16-07-2025
- Indian Express
‘Compromise sought is nothing but abuse of law — Supreme Court upholds HC order in tenancy dispute in Goa
The Supreme Court Monday upheld an order of the Bombay High Court at Goa, which refused to grant permission to the consent terms finalised by an agricultural association of villagers with tenants, observing that the proposed terms are an attempt to circumvent the statutory framework laid down in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and also violates the Goa Land Use (Regulation) Act, 1991. The apex court was hearing an appeal filed by the 'Comunidade' – an agricultural association of villagers that has properties in common – of Tivim regarding a tenancy dispute over two properties in Tivim village in Bardez taluka, Goa. The properties were leased by the Comunidade to tenants in 1978. A civil suit was filed by the predecessor of private respondents for entering their name as tenants in the survey numbers for the two properties. The suit was decreed in 1986 and the name of the predecessor of respondents was entered as tenant of properties. After the predecessor passed away, the private respondents filed a tenancy application before a trial court. In 2017, the trial court allowed the tenancy application, declaring the private respondents as agricultural tenants of the properties. Aggrieved by the declaration of tenancy, the Comunidade filed an appeal before the Appellate Court, which remains pending. During pendency of the appeal, the Comunidade resolved that as a compromise, the land in dispute be bifurcated, with 60 percent of the land being allotted to the tenants and 40 percent land to be retained by the Comunidade. The Administrative Tribunal refused to grant permission to the Comunidade for filing of the consent terms in 2023 under Article 154 (3) of the Code of Communides. The Comunidade then filed a writ petition in the High Court, which upheld the Tribunal's decision last year. The Supreme Court held that the administrative tribunal has rightly refused to grant permission to the consent terms finalised by the Comunidade. In the judgment, a bench of Justices Sudhanshu Dhulia and K Vinod Chandran said, '…the proposed consent terms or the compromise sought to be entered by the appellant with the private respondents falls foul of both the statutes i.e. the Tenancy Act and the Land Use Act, in so far as it creates freehold ownership rights over tenanted land, without resorting to the procedure contemplated for the purchase of such land by the tenant and secondly, for the reason that these terms effectively allow the appellant, as well as the private respondents, to use an agricultural land for non agricultural purposes.' The court said the compromise not only circumvents procedural aspects of the Tenancy Act, but also allows the parties to use the suit properties for a purpose which is expressly barred by the Land Use Act. 'The compromise sought by the parties is nothing but an abuse of the process of law. The so-called compromise or agreement is a ploy to defeat the provisions of law and therefore it has been rightly denied the legal sanctity which was sought. If the proposed consent terms are to be allowed, not only would the tenant be conferred full ownership rights, in complete disregard of the procedure for purchase mentioned above, but it would also mean that the tenant would be conferred a right to alienate land, without seeking permission of any statutory authority,' the Court said. 'It is abundantly clear that by means of the proposed compromise, the parties have essentially terminated the tenancy, without recourse to any of the modes referred to in Section 9 of the [Tenancy] Act,' the court added.
Time of India
15-07-2025
- Business
- Time of India
Compromising cases by sharing comunidade land illegal, says SC
Margao: In a major blow to the practice of comunidades to settle court cases with tenants through the sharing of disputed land, the Supreme Court has held that such arrangements violate both the Tenancy Act and the Land Use Act, effectively circumventing statutory protections for agricultural land. The SC, in its judgment delivered on Monday, dismissed an appeal by the comunidade of Tivim, upholding a lower court's decision to deny permission for a proposed 60:40 land-sharing compromise with agricultural tenants. The verdict of Justices Sudhanshu Dhulia and K Vinod Chandran said that the proposed compromise terms 'fall foul of both the statutes' — the Goa, Daman and Diu Agricultural Tenancy Act, 1964, and the Goa Land Use (Regulation) Act, 1991. The court said that such arrangements create 'freehold ownership rights over tenanted land, without resorting to the procedure contemplated for the purchase of such land by the tenant'. The arrangements, the SC said, allow parties to use agricultural land for non-agricultural purposes, which is 'expressly barred by the Land Use Act'. The dispute arose over two properties, Oiteil-De-Madel and Levelechy Aradi, belonging to the comunidade of Tivim, which were leased to tenants in 1978. After the tenants' predecessor was declared an agricultural tenant by a trial court in 2017, the comunidade appealed against the decision. During the pendency of the appeal, the comunidade's general body meeting in March 2021 resolved to compromise by offering a 60:40 land division — 60% to the tenants and 40% to be retained by the comunidade. However, the administrative tribunal denied permission for this compromise under Article 154(3) of the Code of Comunidades, which requires the tribunal's approval for any compromise involving comunidades. The high court upheld this decision, which was subsequently challenged in the SC. The apex court observed that the proposed compromise constituted an 'abuse of the process of law'. The court said that the consent terms effectively granted 'full ownership rights' to both parties and allowed them to use the land 'for any purpose whatsoever', directly violating statutory restrictions. Justice Dhulia, writing for the bench, observed that the compromise would 'wipe out tenancy rights' that were legally declared by the trial court and bypass the specific procedures laid down in the Tenancy Act for the termination of tenancy and purchase of land by tenants.
The Herald Scotland
13-07-2025
- Politics
- The Herald Scotland
'Fair rent' campaign launched by Scots university students
And they are calling on the Scottish Government to tighten student housing regulations. Justine Pédussel is the Vice President for Communities at Stirling University Student Union, an elected and salaried full-time position. She explains how student activists banded together to start the campaign, which is part of the National Union of Students (NUS), telling The Herald: 'A group of different sabbatical officers across Scotland who were really passionate about housing came together to deal with the crisis collectively. We identified some of the key problems and how to then fix those.' Student housing is currently not included in rent control protections. (Image: Supplied) Ms Pédussel says that lack of robust regulation is one of the key issues facing student renters. 'When the 2016 Tenancy Act was passed at Holyrood, student tenancies were explicitly excluded within the definition and scope of the bill,' she notes, referring to paragraph 5 of Schedule 1 of the Act, which exempts student housing from normal tenancy rules. 'And so we thought, if we can change that, then a lot of the things that are happening to students regarding their deposits and how long they can stay and the conditions that they live in would all change, because there would suddenly be many more rules and regulations that student accommodation providers would have to follow.' Asked to pinpoint some key issues facing student renters, Ms Pédussel digs out an extensive list of statistics. For example, the price of bespoke student accommodation has increased by over 34% in recent years, she informs me. Furthermore, 93% of student renters reported issues with housing, 42% had mould or mildew, 41% had issues with heating or cooling, and the flats of 22% were infested with mice and rats. Glasgow Caledonian University Student Association President Oluwatomisin Osinubi, or 'Tom Tom,' has also been involved with the campaign. She adds: 'A common theme for students across Scotland is the fact that students don't really have a place in terms of renting rights. The government doesn't have the right view; they just assume that students are people that live with their families or have the money to pay for purpose built student accommodation. But that's not true for everyone. Indeed, NUS figures suggest international or estranged students are at greater risk of becoming homeless. Students gathered at the Scottish Parliament. (Image: Supplied) Ms Osinubi says: 'The rental options available to students are just ridiculously difficult. You're either paying extreme prices for student accommodation, or you're having to sign contracts that are also very difficult. If you're going to private rent from landlords, they ask you for guarantors and they treat students poorly, generally. The term 'hidden homelessness' comes up, which refers to a situation where someone might not exhibit the conventional signs of being homeless. Ms Osinubi explains, noting: "If you are sofa surfing, if you're having to sleep on anybody's couch or stay with a friend because your landlord has evicted you, then you are homeless. 'One particularly big problem that we are always seeing is landlords who take advantage of students. You know, a new student comes to Glasgow who doesn't know anything about Glasgow, and they pay money to a strange person who just disappears with the money.' Ms Pédussel agrees. She says the current rules, which often force students to provide a UK-based guarantor, are driving people into homelessness. 'The guarantor system is a bit of a vicious cycle because in order to rent privately, you have to have a UK-based guarantor or pay up to six months up front,' she says. 'If you can't afford to do that because you don't have a UK based guarantor, for example, if you are a low-income student or an international student, then essentially you have no choice but to apply to student accommodation.' 'If you can't access that because it's really expensive, that's how we end up with a lot of homeless students. In order to avoid that situation, students will stay in really horrible housing without heating or infested with mice and rats.' According to Ms Osinubi, some students have been forced to stay in abusive relationships or unsafe living situations to keep a roof over their heads. She says: 'We've had cases where students were living with family members that were abusive, or with people that 'took them in,'' she repeats this phrase for emphasis, 'and then did stuff like locking them out of the house or giving them times when to come into the flat.' 'Housing is a human right', reads a sign outside McEwan Hall in Edinburgh. (Image: Supplied) Ms Pedussel says the campaign has received a mixed reaction from political parties as the NUS lobbies ahead of crucial votes on the Scottish Government's Housing Bill in the autumn. 'We're trying to give students a voice and highlight a lot of these issues,' she says. 'Some of the political parties have been really interested in engaging with us and listening to what we have to say and have recognized that there's a lot of issues that students are facing. And then there are others who have refused to meet with us and are consistently against the idea that students need to be protected. 'The narrative seems to be very focused on how protecting students will be bad for landlords.' Read more: How Nigel Farage could turn the North East turquoise in 2026 Ambulance waiting times for critically ill patients on rise in all 32 councils 'I will never forgive Nicola Sturgeon', former Justice Secretary says Remembering the pirate DJ who inspired students to pursue radio The Scottish Government's Housing Bill was lodged in March 2024, and has slowly made its way through the parliamentary legislation system. One of the bill's amendments, which would include rent control and leaving notice protections for students residing in university halls and purpose built accommodation, has been praised as a key win for campaigners. In May, cross party MSPs added the amendment to the draft bill over the objections of then-Housing Minister Paul McLennan. Scottish Greens MSP Ross Greer said at the time: 'Far too many students pay sky high rents for halls and other purpose-built accommodation. They deserve the same rights as other renters, and I am glad that MSPs have backed plans to crack down on the accommodation operators ripping off students.' A final vote is expected later this year.
Time Business News
11-07-2025
- Business
- Time Business News
Tenancy Agreement Malaysia: Legal Insights and Stamp Duty Calculation Guide
A tenancy agreement defines the legal relationship between a landlord and a tenant. It outlines important details such as: Names of both parties Description of the rented property Monthly rental and deposit amount Duration of tenancy Rights and responsibilities Termination clauses Renewal options It is essential for both parties to sign the document and keep a copy for reference. There are two main categories of tenancy agreements in Malaysia: Has a defined start and end date (e.g., 2 years) Rent and conditions remain unchanged for the agreed term Ideal for both residential and commercial purposes Automatically renews periodically (e.g., monthly or yearly) More flexible, but may be terminated with notice by either party Understanding the type of tenancy helps determine applicable stamp duty and contractual obligations. Although oral agreements are legally valid, a written tenancy agreement is crucial for: Proving rental terms in court Specifying obligations to avoid misunderstandings Facilitating stamp duty payment Assisting in eviction or legal claims if disputes arise A written contract offers both landlord and tenant a sense of security and formal recognition of the arrangement. A well-drafted tenancy agreement in Malaysia should include the following: Parties Involved : Names and IC/Passport numbers of landlord and tenant : Names and IC/Passport numbers of landlord and tenant Premises Details : Address and description of the property : Address and description of the property Rental Terms : Monthly rent, security deposit (usually two months' rent), utility deposit (half a month's rent), and advance rental (one month) : Monthly rent, security deposit (usually two months' rent), utility deposit (half a month's rent), and advance rental (one month) Tenancy Duration : Start and end date : Start and end date Termination Clause : Conditions for early termination and notice period : Conditions for early termination and notice period Repair and Maintenance : Who is responsible for what : Who is responsible for what Renewal Clause : Whether and how the agreement can be extended : Whether and how the agreement can be extended Use of Property : Residential, commercial, or specific restrictions : Residential, commercial, or specific restrictions Access and Inspection Rights: For landlord to inspect the premises with prior notice There is no specific Tenancy Act in Malaysia, but tenancy agreements are governed under: Contracts Act 1950 National Land Code 1965 Specific Relief Act 1950 (for eviction and recovery) (for eviction and recovery) Civil Law Act 1956 The absence of a dedicated Tenancy Act means that private contracts carry significant legal weight, which emphasizes the importance of clear and precise drafting. Stamp duty is a tax levied on legal documents to make them admissible in court. For tenancy agreements, it must be paid to the Lembaga Hasil Dalam Negeri (LHDN). Validates the agreement for legal enforcement Required for tenancy disputes in court Avoids penalties for non-stamping Generally, the tenant pays the stamp duty unless agreed otherwise in the contract Stamp duty is calculated based on the monthly rental amount and duration of the tenancy: RM1 for every RM250 of annual rent exceeding RM2,400 RM2 for every RM250 of annual rent exceeding RM2,400 Example Calculation: Monthly rent = RM1,500 Annual rent = RM1,500 x 12 = RM18,000 Annual rent exceeding RM2,400 = RM18,000 – RM2,400 = RM15,600 RM15,600 / RM250 = 62.4 (round up to 63) Stamp duty = 63 x RM1 (if ≤ 3 years) = RM63 Add RM10 for the duplicate copy if needed. Register as a user on Stamp Hasil Submit tenancy agreement details Print and attach the stamp certificate to the agreement Visit the nearest LHDN branch Submit the original agreement and a photocopy Pay the required fee Receive a stamped copy for your records Stamping must be done within 30 days from the date of the agreement to avoid penalties. If the agreement is not stamped within 30 days: Delay of ≤ 3 months: Penalty of RM25 or 5% of duty (whichever is higher) of duty (whichever is higher) Delay of > 3 months: Penalty of RM50 or 10% of duty (whichever is higher) Avoiding delays ensures your tenancy remains legally enforceable. Not stamping the agreement Incorrect stamp duty calculation Missing key clauses in the agreement No clear termination or renewal terms Not stating responsibility for repairs and utilities Lack of inventory checklist for furnished units 'The Tenant shall bear the cost of stamp duty payable on this tenancy agreement, including charges for duplicate copies, if any.' This clause clearly outlines who is responsible and helps avoid misunderstandings. While tenancy agreements can be self-drafted, hiring a lawyer ensures: Proper legal language Tailored clauses for unique property or tenancy needs Risk mitigation Enforcement support in court Legal fees are usually minimal for residential tenancies, but the value of legal expertise can be significant in avoiding future disputes. Q1: Is stamp duty mandatory for all tenancy agreements? Yes. Even short-term agreements (under 12 months) require stamping. Q2: Can a tenancy agreement be renewed without a new stamp duty? Renewals or extensions usually require a fresh agreement or a renewal addendum, both of which need to be stamped. Q3: What if the tenant refuses to pay stamp duty? The landlord can include a clause in the agreement making it a tenant obligation. If unpaid, the agreement is still valid but not admissible in court. Q4: Can I use a template instead of hiring a lawyer? Yes, but make sure it includes all essential clauses. Consider legal review for higher-rent or commercial properties. Understanding your rights and responsibilities under a tenancy agreement is essential whether you're a landlord or a tenant. Properly drafting the document and ensuring that tenancy agreement stamp duty is paid on time safeguards the agreement's legality and enforces both parties' commitments. While you can manage some of these steps yourself, professional legal assistance is recommended for complex cases or high-value properties. Stay informed, stay compliant, and protect your property interests by following this comprehensive guide. TIME BUSINESS NEWS
Irish Independent
16-06-2025
- General
- Irish Independent
'Blanket ban' on pets in tenancy agreements needs to be eliminated as study finds just 7 per cent of landlords allow dogs
As a result, Wexford councillor Michael Sheehan has called on Housing Minister James Browne TD, 'to amend section 12 of the Residential Tenancy Act 2004 to eliminate blanket bans on pets in tenancy agreements thereby reducing the number of pets being surrendered and abandoned.' Submitting this motion at the June meeting of Wexford County Council (WCC), Cllr Sheehan also provided figures from Dogs Trust which illustrated the number of healthy dogs being abandoned due to tenancy agreements with landlords. In 2024 Dogs Trust had more than one call or email a day (431 annually) on average from people needing to give up their dog because their move did not allow dogs. This is a 112 per cent increase from 2019 when the number was just 203, which, according to Dogs Trust, highlights a 'disturbing trend' affecting dogs and their owners. The charity said that, based on a search of all rental properties on in April of this year, only 7 per cent (132 out of 1871) of properties in Ireland allowed pets. 81 per cent of the 24,000 people surveyed by Dogs Trust – through Ireland's Dog Census – believe that dog owners should have the right to have a pet in rental accommodation said the charity. Discussing Cllr Sheehan's motion, Cllr Jim Codd noted that this issue also affected homeless people. 'Homeless people who have dogs are prevented from entering DePaul (homeless shelter) because of their pets. These dogs should be taken care of by the warden while their owners are in emergency accommodation,' he said. Cllr Vicky Barron added that the Dublin Society for the Prevention of Cruelty to Animals (DSPCA) already catered for pets owned by homeless people, before the motion was subsequently passed. As a result WCC will now write to Minister Browne requesting an amendment to the Tenancy Act.
