Shiv Sena leaders on Wednesday urged Maharashtra Chief Minister Uddhav Thackeray to not implement Central government's Model Tenancy Act in the state. In a joint statement issued by Anil Desai, Anil Parab, Sunil Prabhu and three other leaders, they submitted the letter to CM Uddhav Thackeray.
In the letter they wrote, the Model Tenant Act passed by the Central Government is not beneficial for the tenants in the State of Maharashtra. "Basically, the issue of rent control for tenants is entirely the prerogative of the state government and there is no reason for the central government to intervene in this regard," they wrote.
According to the Tenant Act, after the enactment of this Act, all the existing Rent Control Act will be deemed repealed, in short, if the law is passed, more than 2.5 million people will become homeless.
The leaders explained the disadvantages of the ideal tenant law as follows:
1) In Mumbai and other cities in Maharashtra, many houses are vacant and so there is no point in introducing a new rent control law. There is no need for a new fare control law for Mumbai. The Bombay Rent Act and the Maharashtra Rent Control Act are competent and perfect for this.
2) There must be an agreement between the landlord and the tenant. But the terms and conditions will be decided entirely by the homeowner.
3) In any law made for real tenants, the tenant would be protected because the landlord has unlimited control over his land and is ready to grab the land by expelling the tenant. Therefore, the Rent Act should be a tenant's charge. In contrast, the Centre's alw is opposite.
4) There is no mention in the law about the tenants living in the buildings of Port Trust, Railways, Bank, LIC and Waqf Board which are in agreement with the Central Government.
5) It is in order to hand over the flat to the landlord after the conclusion of the agreement. Otherwise, there is a provision to charge double the rent from the expiry of the contract and four times the rent if it takes more than two months. It is also possible to increase the rent as much as the landlord wants from time to time.
6) As per the law applicable in the city of Mumbai, the money collected through cess to the tenant can be used for the repair of the building through Mumbai Housing and Reconstruction Board. It is also funded by the government. It is not mentioned anywhere in the new law.
7) The landlord was allowed to charge rent according to the market price for residential and non-residential spaces.
8) Many provisions have been made in this law for the landlord to take down the tenant's room. Also, in the name of building repairs, the tenants can take possession of the room by demolishing the house and the law clarifies that the tenants can come back to the house only with his consent.