Delhi Rent Control Act, 1958 / Section 18

Section 18 of Delhi Rent Control Act, 1958 - Sub-tenant to Be Tenant in Certain Cases

Section 18 of the Delhi Rent Control Act, 1958 protects specified lawful sub-tenants by providing that, in defined circumstances, they become tenants directly under the landlord. The provision operates together with Sections 14 and 17 of the Act.

Law reference checked against the official India Code text of the Delhi Rent Control Act, 1958.

What Section 18 provides

Section 18 creates a statutory direct tenancy in favour of a qualifying sub-tenant. It covers two situations: first, where an eviction order is made against the tenant but not against a protected sub-tenant referred to in Section 17; and second, a transitional situation involving a lawful sub-tenancy existing before commencement of the Act.

Text of Section 18 - Sub-tenant to be tenant in certain cases

(1) Where an order for eviction in respect of any premises is made under section 14 against a tenant but not against a sub-tenant referred to in section 17 and a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in his occupation on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

(2) Where, before the commencement of this Act, the interest of a tenant in respect of any premises has been determined without determining the interest of any sub-tenant to whom the premises either in whole or in part had been lawfully sub-let, the sub-tenant shall, with effect from the date of the commencement of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

Meaning and effect of Section 18(1)

For Section 18(1) to operate, there must be an eviction order under Section 14 against the tenant, the eviction order must not be against the sub-tenant protected through Section 17, and notice of the sub-tenancy must have been given to the landlord as contemplated by the statutory scheme. Once these requirements are met, the sub-tenant is deemed to become a direct tenant under the landlord from the date of the eviction order.

The direct tenancy extends only to the premises in the sub-tenant's occupation. The statutory language also preserves the same terms and conditions on which the original tenant would have held the premises from the landlord had that tenancy continued.

Meaning and effect of Section 18(2)

Sub-section (2) addresses a historical situation arising before commencement of the 1958 Act. Where the tenant's interest had already been determined but the interest of a lawful sub-tenant had not been determined, that sub-tenant is deemed to have become a direct tenant under the landlord from commencement of the Act, on the terms and conditions described in the provision.

Important connected provisions

Because Section 18(1) expressly depends on the relationship between an eviction order under Section 14 and a protected sub-tenancy under Section 17, these provisions should be read together when determining whether a particular sub-tenant acquires direct tenancy rights.

Key legal effect in simple terms

In substance: Section 18 does not make every sub-tenant a direct tenant. It protects a sub-tenant only when the statutory conditions are satisfied. Where those conditions apply, the law itself deems the qualifying sub-tenant to hold directly from the landlord.

Official source

For the current consolidated statutory text, see the Delhi Rent Control Act, 1958 on India Code.