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Maharashtra to face challenges if it introduces Model Tenancy Act: Real estate experts

Some experts, however, feel Maharashtra won’t pass the Model Tenancy Act, as a large number of tenancy property exists in the state, and the government won't go against tenants

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The MTA now allows setting up separate courts for handling landlord and tenancy disputes, including dispute over payment of rent. Representation pic/Atul Kamble

The MTA now allows setting up separate courts for handling landlord and tenancy disputes, including dispute over payment of rent. Representation pic/Atul Kamble

The Centre has recently cleared the Model Tenancy Act (MTA), but a lot of concerns have been raised by real estate experts, as the onus is now on the state government to use its concurrent power and have its own Tenancy Act. The MTA now allows setting up separate courts for handling landlord and tenancy disputes, including dispute over payment of rent. While few experts say Maharashtra won’t pass this Act, as a large number of tenancy property exists in the state, some have already written to state housing minister, requesting him not to clear the same. Some experts feel that the Model Tenancy law, if introduced in Maharashtra, will face challenges.

According to advocate Akash Menon, "As the name suggests, the legislation is intended only to be a model statute, and states will have to enact and enforce their individual versions of this law. Unfortunately, the Act seems to have done little, other than offer lip service to the grievances of landlords and tenants. The Model Tenancy Act at the outset fails miserably in acknowledging the various faces of tenancy that are today prevalent in India. This failure emanates from the absence of a cogent and comprehensive definition of the term 'tenancy' in the Act. This in turn leads to an over-simplification of the landlord-tenant definition and the scope of that relationship, leaving a weak substratum to an ambitious legislation."

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