CHAPTER-V PROTECTION OF TENANT AGAINST EVICTION, RECOVERY OF POSSESSION OF PREMISES BY LANDLORD

Section 24: Refund of advance rent by landlord

The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021

How current this text is

Text of the Act as enacted, from the Uttar Pradesh Gazette (Extraordinary) of August 24, 2021 as published by India Code for the Government of Uttar Pradesh; the copy shows no later amendment.

Authoritative English translation published under clause (3) of Article 348 of the Constitution in the Uttar Pradesh Gazette, Extraordinary, August 24, 2021 (Notification No. 788(2)/LXXIX-V-1-21-1-ka-16-2021).

The official copy is a scanned gazette page; this text was read from the scan and checked line by line against the page images.

Section 1(4) provides that the Act is deemed to have come into force on January 11, 2021.

In Inder Bhushan Sawhney v. Kanchan Kumari Jain (Writ-A No. 13349 of 2024, 2026:AHC:177234-DB, decided on 21 August 2026), a Division Bench of the Allahabad High Court declared sections 8, 9, 10, 38 and 42 of this Act ultra vires from that date and held the provisions for eviction by order of the Rent Authority repugnant to the Transfer of Property Act, 1882. The text shown is the text as enacted. No order of the Supreme Court staying the judgment had been found when this page was checked (23 October 2026).

(1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.

(2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund.

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