Section 9 of Delhi Rent Control Act, 1958 - Controller to Fix Standard Rent
Section 9 of the Delhi Rent Control Act, 1958 empowers the Rent Controller, on an application by either the landlord or the tenant, to fix the standard rent of premises or determine a lawful increase in rent. The provision works principally with Section 6, which deals with standard rent, and Section 7, which deals with lawful increases and recovery of specified charges.
What Section 9 provides
The provision lays down the mechanism and considerations for fixation of standard rent. It permits an application by either side of the tenancy, directs the Controller to apply Sections 6 and 7, permits valuation assistance in specified circumstances, addresses lawfully sub-let premises, provides an alternative method where Section 6 principles cannot be applied, and governs the period and effective date of the rent fixed.
Section 9 - Statutory text
(1) The Controller shall, on an application made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises--
(i) the standard rent referred to in section 6; or
(ii) the increase, if any, referred to in section 7.
(2) In fixing the standard rent of any premises or the lawful increase thereof, the Controller shall fix an amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case:
Provided that in working out the cost of construction of any premises or the market price of the land comprised in such premises for the purposes of section 6, or the cost of improvement, addition or alteration referred to in section 7, the Controller may take the assistance of any valuer approved by the Central Government in accordance with such rules as may be prescribed and the assessment shall be made by such valuer in the manner prescribed.
(3) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller may also fix the standard rent of the part sub-let.
(4) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under section 6, the Controller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises.
(5) The standard rent shall in all cases be fixed for a tenancy of twelve months:
Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months.
(6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(7) In fixing the standard rent of any premises under this section, the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect:
Provided that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application for the fixation of the standard rent.
Key legal points under Section 9
1. Landlord or tenant may apply
Section 9(1) gives both the landlord and the tenant the right to approach the Controller in the prescribed manner. The Controller may fix the standard rent under Section 6 or the lawful increase contemplated by Section 7.
2. Reasonableness and statutory criteria
Under Section 9(2), the amount fixed must be reasonable in light of the applicable provisions of Section 6 or Section 7 and the circumstances of the particular case. Where valuation of construction, land, improvements, additions or alterations is required, the proviso permits assistance from an approved valuer in accordance with the prescribed rules.
3. Lawfully sub-let portion
Section 9(3) authorises the Controller, while fixing standard rent of the premises, also to determine the standard rent attributable to a part that has been lawfully sub-let.
4. Alternative method where Section 6 cannot be applied
Section 9(4) provides a practical fallback. If standard rent cannot be determined on the principles in Section 6, the Controller may consider the situation, locality, condition and amenities of the premises and, where available, the standard rent of similar or nearly similar premises in the locality.
5. Twelve-month basis
Section 9(5) requires standard rent to be fixed on a twelve-month tenancy basis. Where the letting or re-letting is for a shorter period, the rent is proportionately adjusted to that shorter period.
6. Unfurnished premises and furniture charges
Under Section 9(6), standard rent is fixed for the premises in an unfurnished state. A separate additional charge may be determined for fittings or furniture supplied by the landlord.
7. Effective date of standard rent
Section 9(7) requires the Controller to specify the date from which the fixed standard rent takes effect. The proviso limits retrospective effect: the specified date cannot be earlier than one year before the filing date of the application.
Related provisions
Section 9 should be read with Section 6 - Standard rent, Section 6A - Revision of rent, Section 7 - Lawful increase and recovery of other charges, Section 8 - Notice of increase of rent and Section 10 - Fixation of interim rent.
Legal information: This page is intended as a general guide to the statutory provision. For the current authoritative text, amendments and applicability, refer to the official legislation source and obtain professional advice where necessary.