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

Section 26: Permission to build additional structures

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) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord.

(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses, to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Authority.

(3) On an application made by the landlord under sub-section (2) if the Rent Authority is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Authority may permit the landlord to do such work and may make such other order as it may deem fit:

Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant.

Practise questions on Uttar Pradesh Local Laws