Yes, the Act covers both residential, and commercial tenancies; including the use of premises for educational use but does not include the premises registered under the Factories Act, 1948.

As per Section 4 of the Act, all tenancies shall be effected only by way of an agreement in writing.

The tenancy agreements executed subsequent to the commencement of the Act shall be registered with the Rent Authority within 90 days from the date of such execution.

Yes, the tenancy agreements executed prior to the enactment of this law has to be mandatorily registered with the Rent Authority within 90 days from the date of notification of the Rules as prescribed under sub-rule 4 of Rule 3.

In respect of oral tenancies created before the commencement of the Act, the parties shall reduce the terms of the tenancy in writing within 90 days from the date of notification of Section 4 of the Act. Consequently, the tenancy agreement has to be registered with the Rent Authority within 90 days from the date of such execution.

Yes, all tenancy agreements have to be registered with the Rent Authority, irrespective of the term of the tenancy.

Yes, sub-lease is treated as an agreement for tenancy and is required to be independently registered under Section 4 of the Act.

Yes, the registration required under the Act is independent of the registration of the tenancy agreement with the jurisdictional Sub-Registrar under ‘The Registration Act, 1908’.

As per Section 4-A of the Act, if the tenancy agreement is not registered with the Rent Authority, then the agreement shall not affect any immovable property comprised therein, or confer any power to adopt, or be received as evidence of any transaction affecting such property or conferring any right.

The Application can be applied by the landlord/tenant/property manager (if duly appointed). However, the applicant has to duly fill in the details; including the corresponding address and contact numbers of the other party/ies.

The application for registration can be applied online at www.tenancy.tn.gov.in. Upon scrutiny of the application, the Rent Authority shall notify the applicant for presenting the tenancy agreement with supporting documents for verification. Upon verification of the tenancy agreement, the Rent Authority shall issue the certificate for registration of tenancy agreement.

As on date, there is no fee prescribed for the registration of the tenancy agreement. However, a service charge of Rs.100 is levied by the service provider for providing the online registration service.

As per Article 35 of the Indian Stamp Act, 1899 [Amended vide Tamil Nadu Act 31 of 2004], the stamp duty payable on the tenancy agreement, including a sub-lease agreement shall be as provided here in below:

1. Where the period of tenancy/lease is below thirty years One rupee for every Rs.100 or part thereof of the amount of rent, fine, premium or advance, if any, payable;
2. Where the period of tenancy/lease is thirty years and above up to ninety-nine years Four rupees for every Rs.100 or part thereof of the amount of rent, fine, premium or advance, if any, payable;
3. Where the period of tenancy/lease is above ninety-nine years Seven rupees for every Rs.100 or part thereof of the amount of rent, fine, premium or advance, if any, payable:

Yes, all tenancy agreements are to be stamped as per Article 35 of the Indian Stamp Act, 1899.

The ‘Aggregate Rent Payable’ shall be the total sum of the rent, fine, premium or advance (if any) payable under the tenancy agreement by the Tenant to the Landlord.

Yes, as per Rule 5 of TNRRR Rules, the parties shall inform the expiry or termination of tenancy agreement in the prescribed form to the Rent Authority within 15 days from the date of such expiry or termination.

Yes. The agreement for renewal of tenancy shall be treated as a new tenancy agreement and hence, it is required to be registered with the Rent Authority as prescribed under Section 4.

The proceedings pending under the provisions of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 shall be continued and disposed of in accordance with the provisions of the said Act. However, the plaintiff, shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act within a period of 180 days of coming into force of this Act, with liberty to file fresh application in respect of the subject matter of such suit or appeal or any other proceeding under and in accordance with the provisions of this Act, and for the purposes of limitation, such application, if it is filed within a period of 270 days from the commencement of this Act be deemed to have been filed on the date of filing of the suit which was withdrawn and in case of withdrawal of appeal or other proceedings on the date on which the suit was filed out of which such appeal or proceeding originated; as prescribed under Section 47.

Registration under this Act is mandated for tenancy/lease agreements. Even if the agreement is titled ‘license’ or ‘leave & license’ and if the terms of the agreement creates any right in the immovable property, then such agreement has to be registered under this Act. The ‘terms’ of the contract will determine the nature of the agreement not the ‘title’ given to such contract.

The following documents need to be submitted on the date of presentation:

• Original Executed tenancy agreement
• Copies of title document/patta/ legal heirship certificate
• Original ID proof as submitted in the online Application
• Document empowering the Agent to execute on behalf of Principal such as Power of Attorney, Board Resolution, Property Management Agreement etc-