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Fair Rent Fixation (S.8, Sindh Rented Premises Ordinance, 1979)

The document discusses factors a Controller shall consider when determining fair rent of premises on an application by a tenant or landlord, including rent of similar premises in the vicinity, rise in construction and repair costs, imposition of new taxes, and annual property value affecting taxes.

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485 views2 pages

Fair Rent Fixation (S.8, Sindh Rented Premises Ordinance, 1979)

The document discusses factors a Controller shall consider when determining fair rent of premises on an application by a tenant or landlord, including rent of similar premises in the vicinity, rise in construction and repair costs, imposition of new taxes, and annual property value affecting taxes.

Uploaded by

kamilmemon7
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Assignment A:

Fair Rent Fixation (S.8, Sindh Rented Premises Ordinance, 1979) –


If a landlord has a grievance that the tenant is not increasing the rent since
long. Then, on the application by the tenant or landlord, the Controller shall
determine fair rent of the premises after taking into consideration certain
factors (S. 8(1)).
Firstly, the Controller shall take into account the rent of similar premises
situated in the similar vicinity or adjoining area to ascertain the fair rent for the
property under question (S. 8(1)(a)). For example, the tenant has been paying
rent of PKR 10,000/- for the said premises for a long course of time. Whereas,
the rent being charged in the same or adjoining locality is that of PKR 25,000/-.
Then, upon ascertaining the due evidence, the Controller taking such factor
into regard may ask the tenant to pay PKR 25,000/- as it shall be considered to
be a fair rent.
Secondly, the Controller shall also take into account the rise in cost of
construction and repair charges (S. 8(1)(b)). For example, at the time when the
tenant was given possession of the said property, the construction and repair
charges were significantly low. But after a lapse of sufficient time, given the
rising inflation, the same cost of renovation or other charges have increases
significantly. Then, upon ascertaining the due evidence, the Controller taking
such factor into regard may ask the tenant to pay an increased amount of rent
as it shall be considered to be a fair rent.
Thirdly, the imposition of new taxes, if any, after commencement of the
tenancy (S. 8(1)(c)). For example, the property tax paid before or at the time of
commencement of the said tenancy was PKR 100,000/-. But after the tenancy
has commenced, the government has decided to increase the property taxes
and the landlord has now been paying an amount of PKR 200,000/- as taxes for
the same premises. Then, upon ascertaining the due evidence, the Controller
taking such factor into regard may ask the tenant to pay an increased amount
of rent as it shall be considered to be a fair rent.
Fourthly, the annual value of the premises, if any, on which property tax is
levied (S. 8(1)(c)). For example, the property tax worth previously was PKR
3,500,000/-. But after a year, the property value of the said premises has now
been increased to PKR 4,500,000/- due to which the landlord has to pay more
amount in taxes. Hence, upon ascertaining the due evidence, the Controller
taking such factor into regard may ask the tenant to pay an increased amount
of rent as it shall be considered to be a fair rent.

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