Below are section-wise detailed study notes on the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (UP Act No. 16 of 2021), prepared in a law-student friendly, exam-oriented manner, strictly based on the uploaded official Gazette text .
Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021
Section-Wise Detailed Study Notes
OBJECT AND SCHEME OF THE ACT
The Act was enacted to:
- Regulate renting of urban premises
- Balance rights of landlords and tenants
- Provide a speedy dispute resolution mechanism
- Replace the outdated rent control framework with a model tenancy regime
The Act establishes:
- Rent Authority
- Rent Tribunal
- Rent Appellate Tribunal
CHAPTER I – PRELIMINARY
Section 1 – Short title, extent, application and commencement
- Act applies to entire Uttar Pradesh
- Applicable to:
- Municipal Corporations
- Municipalities
- Development Areas
- Industrial & Special Development Areas
- State Government may extend it to other areas by notification
- Retrospective commencement: 11 January 2021
📌 Significance: Overrides the earlier fragmented urban tenancy regime.
Section 2 – Definitions
Important definitions include:
- Landlord: Owner or person entitled to receive rent
- Tenant: Person to whom premises are let
- Tenancy Agreement: Written agreement registered under this Act
- Rent Authority / Rent Tribunal
- Premises: Building or part thereof (includes appurtenant areas)
📌 Exam Tip: Definitions are frequently asked in prelims and MCQs.
Section 3 – Act not to apply to certain premises
Excludes:
- Government-owned premises
- Premises of local authorities
- Public charitable or religious institutions
- Wakf properties
- Buildings exempted by State notification
📌 Policy rationale: Public and religious properties governed by special laws.
CHAPTER II – TENANCY
Section 4 – Tenancy Agreement
- Mandatory written tenancy agreement
- Must be informed to Rent Authority
- For existing tenancies, information must be submitted within 3 months
- Online submission facility provided
📌 Key Reform: Oral tenancies discouraged.
Section 5 – Period of tenancy
- As agreed between landlord and tenant
- Fresh agreement required on expiry
Section 6 – Rights and obligations on death
- Tenancy devolves upon:
- Spouse
- Son/daughter
- Parents
- Other legal heirs in absence of above
- Limited to remaining tenancy period
📌 Legal clarity: Prevents indefinite succession claims.
Section 7 – Restriction on sub-letting
- Sub-letting only with written consent
- Supplementary agreement mandatory
- Must be informed to Rent Authority
CHAPTER III – RENT AND REVISION
Section 8 – Rent payable
- Rent as mutually agreed
- Payable as per tenancy agreement
Section 9 – Revision of rent
- Rent can be revised:
- As per agreement
- On structural improvement
- Special rules for:
- Premises let before 15-07-1972
- Revision limited and structured
Section 10 – Revision in case of dispute
- Rent Authority empowered to:
- Fix revised rent
- Decide dispute within 60 days
Section 11 – Security deposit
- Residential: Maximum 2 months’ rent
- Non-residential: Maximum 6 months’ rent
- Refundable at end of tenancy after deductions
📌 Major tenant-friendly reform
CHAPTER IV – RIGHTS AND OBLIGATIONS
Section 12 – Original tenancy agreement
- Duplicate copies retained by both parties
Section 13 – Rent receipts
- Mandatory issuance of rent receipt
- Can be electronic
Section 14 – Deposit of rent with Rent Authority
- If landlord refuses to accept rent
- Tenant protected from default allegations
Section 15 – Repair and maintenance
- Responsibilities divided between:
- Landlord
- Tenant
- Second Schedule specifies duties
Section 16 – Tenant to look after premises
- Ordinary wear and tear allowed
- No intentional or negligent damage
Section 17 – Entry into premises
- Landlord may enter with:
- 24-hour notice
- During reasonable hours
- Exceptions in emergencies
Sections 18–19 – Property manager
- Landlord may appoint property manager
- Tenant to be informed
- Misconduct actionable
Section 20 – Essential supply or service
- Prohibits withholding of:
- Water
- Electricity
- Sanitation
- Rent Authority may order restoration & compensation
CHAPTER V – EVICTION AND RECOVERY OF POSSESSION
Section 21 – Protection against eviction
Tenant cannot be evicted except on grounds such as:
- Non-payment of rent
- Sub-letting without consent
- Misuse of premises
- Structural alteration without permission
- Bona fide requirement of landlord
- Expiry of tenancy period
Section 22 – Recovery of possession
- Summary procedure
- Order passed after hearing parties
Section 23 – Enhancement of rent after eviction
- Tenant overstaying liable to pay:
- Double rent for first two months
- Four times thereafter
Section 24 – Refund of advance
- Mandatory refund within prescribed time
Section 25 – Payment of rent during proceedings
- Prevents abuse of judicial delay
Section 26 – Structural changes
- Tenant cannot make permanent changes without consent
- Rent Authority may permit landlord’s application
Section 27 – Special provision regarding vacant premises
- Deals with premises vacant due to:
- Disaster
- Repair or redevelopment
Section 28 – Vacant possession
- Protects heirs of deceased tenant
- Time-bound surrender mechanism
CHAPTER VI – RENT AUTHORITY, TRIBUNAL & APPEAL
Section 30 – Rent Authority
- District Collector appoints officer
- First level adjudicatory authority
Section 31 – Rent Tribunal
- Headed by District Judge nominee
- Hears appeals from Rent Authority
Section 32 – Procedure
- Summary procedure
- Time-bound disposal
- Limited adjournments
Sections 33–36 – Powers & execution
- Powers of civil court
- Execution as decree
- Police assistance permissible
CHAPTER VII – MISCELLANEOUS
Section 37 – Officers and staff
- State Government empowered to appoint
Section 38 – Jurisdiction of Civil Courts barred
- Exclusive jurisdiction of Rent Authority & Tribunal
Section 39 – Court fees
- Nominal fees to ensure access to justice
Section 40 – Protection of action in good faith
Section 41 – Power to make rules
Section 42 – Overriding effect
- Act overrides inconsistent laws
Section 43 – Repeal and savings
- Repeals:
- UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
- Pending cases saved
SCHEDULES
First Schedule
- Form for Information of Tenancy
Second Schedule
- Division of maintenance responsibilities between landlord and tenant
EXAM & PRACTICAL IMPORTANCE
- Highly relevant for:
- UP PCS (Law)
- Judicial Services
- Property Law & Rent Control
- Reflects Model Tenancy Act principles
