Section 16 of Delhi Rent Control Act 1958 - Restrictions on Sub-Letting
Section 16 of the Delhi Rent Control Act, 1958 regulates when a tenant may lawfully sub-let premises or transfer or assign tenancy rights. The provision places particular importance on the landlord's written consent and also preserves specified pre-9 June 1952 sub-tenancies.
Text of Section 16 - Restrictions on sub-letting
(1) Where at any time before the 9th day of June, 1952, a tenant has sub-let the whole or any part of the premises and the sub-tenant is, at the commencement of this Act, in occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for such sub-letting, the premises shall be deemed to have been lawfully sub-let.
(2) No premises which have been sub-let either in whole or in part on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let.
(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,-
(a) sub-let the whole or any part of the premises held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any part of the premises held by the tenant.
Meaning and legal effect of Section 16
Sub-section (1): pre-9 June 1952 sub-letting. A qualifying sub-tenancy created before 9 June 1952 is treated as lawful where the statutory conditions are met, even if landlord consent had not been obtained.
Sub-section (2): sub-letting on or after 9 June 1952. Written consent of the landlord is necessary for the sub-letting to be treated as lawful under this provision.
Sub-section (3): sub-letting, transfer and assignment after commencement. A tenant must obtain the landlord's previous written consent before sub-letting the whole or part of the premises or transferring or assigning tenancy rights.
Sub-section (4): no premium for consent. A landlord cannot demand or receive premium, pugree or any other consideration, in cash or kind, merely for consenting to sub-letting.
Key requirements at a glance
| Situation | Section 16 rule |
|---|---|
| Sub-letting before 9 June 1952 | May be deemed lawful under sub-section (1) if its stated conditions are satisfied. |
| Sub-letting on or after 9 June 1952 | Written consent of the landlord is required for lawful sub-letting under sub-section (2). |
| Sub-letting after commencement of the Act | Previous written consent of the landlord is required. |
| Transfer or assignment of tenancy rights | Previous written consent of the landlord is required under sub-section (3). |
| Payment demanded for consent to sub-letting | Premium, pugree or other consideration for consent is prohibited by sub-section (4). |
Related provisions of the Delhi Rent Control Act
Section 16 should be read with the Act's provisions dealing with eviction for unauthorised sub-letting and the statutory treatment of sub-tenancies. In particular, Section 14 contains grounds on which a landlord may seek recovery of possession, while Sections 17 and 18 deal with notice concerning sub-tenancy and circumstances in which a sub-tenant may become a tenant.
Official source
The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958. For the official consolidated statutory text, amendments and legislative notes, refer to India Code.
Official Delhi Rent Control Act, 1958 - India Code
Practical note
Whether a particular arrangement amounts to sub-letting, transfer or assignment depends on the facts, the tenancy documents and the applicable law. The statutory text should therefore be considered together with the relevant lease terms and judicial decisions where a dispute arises.