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CHAPTER II PROVISIONS REGARDING RENT

Section 5: Unlawful charges not to be claimed or received

The Delhi Rent Control Act, 1958

(1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary.

(2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy of any premises,—

(a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or

(b) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one month's rent of such premises as rent in advance.

(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises.

(4) Nothing in this section shall apply—

(a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 1939; or

(b) to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family:

Provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person.

Explanation.—For the purposes of clause (b) of this sub-section, a “member of the family” of a person means, in the case of an undivided Hindu family, any member of the family of that person and in the case of any other family, the husband, wife, son daughter, father, mother, brother, sister or any other relative dependent on that person.

Questions on this section

2 questions in 1 of our papers cite Section 5. Try these from the free papers:

  1. 1. Consider the following statements under Section 5 of the Delhi Rent Control Act, 1958: 1. A landlord may not claim or receive any premium or pugree for the grant of a tenancy. 2. A tenant may lawfully receive payment for relinquishing his tenancy if the landlord consents to it. 3. A payment made to a landlord under an agreement to finance construction of premises, which are to be let on completion to the payer for his own use or that of a member of his family, is outside the section if it does not exceed the agreed rent for five years. Which of the statements given above is/are correct?

  2. 2. Under Section 5(2)(b) of the Delhi Rent Control Act, 1958, except with the previous permission of the Controller, no person may receive as rent in advance a sum exceeding: