Section 4 of Delhi Rent Control Act, 1958 - Rent in Excess of Standard Rent Not Recoverable
Section 4 of the Delhi Rent Control Act, 1958 limits a tenant's liability to the standard rent of the premises, subject to lawful increases permitted by the Act. It also regulates the effect of an agreement that requires payment above the standard rent.
What Section 4 provides
The provision is part of Chapter II of the Delhi Rent Control Act, 1958, which deals with rent. In practical terms, Section 4 makes the statutory standard rent the controlling ceiling unless the Act itself permits a lawful increase. A private agreement cannot ordinarily be used to impose a higher recoverable rent merely because the tenant agreed to it.
Section 4 - Rent in excess of standard rent not recoverable
(1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only.
Meaning and effect of Section 4
1. Standard rent is the statutory benchmark
The expression standard rent must be read with the provisions of the Act dealing with determination and fixation of standard rent, particularly Section 6 and Section 9. Section 4 does not itself calculate standard rent; it states the legal consequence once the applicable standard rent is identified.
2. Contract cannot ordinarily override the statutory ceiling
The words "notwithstanding any agreement to the contrary" give the statutory rule priority over a conflicting private agreement. Therefore, where Section 4 applies, an agreement calling for rent above the standard rent is treated, to that extent, as an agreement for the standard rent.
3. Lawful increases remain permissible
Section 4 expressly preserves an increase that is lawful under the Act. Related provisions include Section 6A on revision of rent, Section 7 on lawful increase and recovery of certain charges, and Section 8 on notice of increase of rent.
4. Historical exception
Sub-section (1) preserves the specific historical exception for rent liable to periodical increase under an agreement entered into before 1 January 1939. The exception should be read according to its statutory wording and the facts of the particular tenancy.
How Section 4 fits with nearby provisions
Official statutory source
The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958. For the authoritative consolidated statutory text, refer to India Code - Delhi Rent Control Act, 1958. Users dealing with a current dispute should also check applicable notifications, amendments and binding court decisions.
Last reviewed: 24 September 2026