Control the uncontrolled house rent

In Dhaka city specially house rent is a big concern for all the tenants. Most common allegation among the tenants is frequent inflation of house rent without reasonable ground and notice by the landlords. In addition, they complain that landlord does not provide sufficient facilities in accordance with the contract even after receiving higher amount of money.

Often the agreement between landlord-tenant remains oral and both of the parties are reluctant to do a written contract to avoid complexity. In reality absence of a formal written contract makes further complexity to determine the rights and responsibilities of the parties.

However, the House Rent Control Act, 1991 provides specific guidelines regarding the amount of house rent, payment, contract, receipt, rights and liabilities of both the parties, settlement of dispute etc. Whoever contravenes the provisions will face punishment. Senior Assistant Judge will perform the duty as house rent controller while determining any dispute between the parties.

Fixation of the amount of rent

The amount of house rent must be standard. Standard fair is equivalent to maximum 15% price of the existing market value of the building. No house owner can fix arbitrary amount or can take more than this amount in the name of premium, security or salami whatsoever. This amount can be fixed amicably by the concerned parties. However, under some compelling circumstances the house rent controller can fix the rate.

The landlord cannot increase the amount of rent in any situation before the expiry of two years. In case of any anomaly affected party can apply to the court to prevent such inflation. However, if any proprietor receives more than the standard rent then the court will fine him/her twice for the first time and thrice for next times.

Written contract can resolve many problems

A written contract between the landlord-tenant can resolve most the problems arising out of household matters. In that case there will be no chance of ambiguity and no one can claim anything beyond his/her authority. 

Hence, a registered agreement on a non judicial stamp can establish one’s claim before the court strongly. The parties should mention the exact rate of rent, requirement of notice before eviction, nature of inflation of rent, time gap between the inflation, responsibility to repair and other necessary rights-duties of the parties.

Receipt must be given for payment

Every house owner is obliged to supply a signed receipt of payment to the occupant; otherwise the landowner will be liable to pay fine twice of the receiving amount. However, from this year if the rent exceeds tk 25,000/month, it will have to be paid through a separate bank account of the owner.

Amount of advance rent

Often it is alleged that the property-owners require huge amount as advance to rent a house. However, according to the provision of the law the renter is not liable to pay an amount more than one month rent as advance. A tenant can bring legal action against whom who claims more than that amount and the owner can be fined for taking such more amounts.

Responsibility to repair

It is the duty of the landlord to repair his/her property time to time during the rent period. If the property owner denies to repair as per the stipulation of the Act then the occupier can apply to the rent controller to promulgate an order to repair. Then the rent controller will serve notice to the landowner to repair the house within a reasonable time.

Alternatively, the controller may permit the tenant to do necessary renovation within the estimated cost determined by the court. The tenant will adjust the expense from the rent latter. Where repair is urgent and if it reasonably predicts that without such reconstruction a serious damage may occur at any time then the tenant can serve 72 hours prior notice to the owner to repair. In that situation the tenant has to send an expected cost to the court immediately.

If the proprietor is failed to reform the building within 72 hours from the time of service of the notice then the tenant is entitled to do such essential reformation and he/she has to send the account of cost and adjust the sum from the rent.

No whimsical eviction

No owner can evict his/her tenant without violating the conditions of the contract. Hence, if the tenant pay the rent regularly, use the property as per the stipulation and maintain all other conditions of the contract then the tenant cannot be evicted from the possession of the property.

In absence of a written contract the tenant is liable to pay the rent within first 15 days of a month. However, in reality, most of the landlords demand the rent within 5 days after the commencement of a new month, but that is not the actual rule. Only after the expiry of 15 days the landlord acquires the right to evict his/her tenant.

However, if anybody wants to evict his/her tenant reasonably then he/she will has to give a 15 days prior notice in case of monthly tenant and six months prior notice in case of yearly tenant/lessee of a factory.

Nonetheless, no proprietor can evict his/her tenant during the pendency of a legal proceeding. However, if the owner continues to receive the rent after the expiry of the contract period then it will be presumed that the owner extends the agreement by taking the rent.

Deposit the rent in court

The property-owner cannot refuse to take the rent and force the tenant to vacate his/her property unreasonably. If he/she denies to accept the money then the renter can pay the amount through money order addressing the owner within 15 days after the commencement of a month. If he/she is unwilling to receive the amount through money order then the tenant has option to apply through lawyer to the house rent controller to take the money. If the court permits then the occupant can deposit the rent to the court regularly within the stipulated time.

Conclusion

It will always not be possible to maintain a peaceful relationship between the landlord-tenant by mere imposing the provisions of law. The law may be able to force the person but it cannot ensure peaceful and pleasant environment to live.

Therefore an amicable settlement and mutual cooperation as well as obeying the law can maintain a healthy relationship between the parties. However, both the parties have equal responsibility to perform their duties properly. Because each other is dependent upon one another, hence a helpful mind rather than a law can ensure peace between the landlords and the tenants.

Published in the Daily Star's Law & Our Rights page at page no. 12 on 08.07.2014. 

Protect your rights as consumer

In Bangladesh often the consumers are being the victim of various fraudulent activities of the manufacturers and the sellers. Frequently they sell contaminated and expired goods which have severe effect on human body. Even baby foods and medicines are not free from such adulteration. However, consumers have legal rights to get protection and can bring legal action against these types of conducts of the traders under the Consumer Rights Protection Act, 2009. Under which circumstances one can seek protection of law The consumer can take shelter of the concerned authority constituted under the Act in the following circumstances when the seller or manufacturer: i) sell any goods, medicine or service at a higher rate than the original; ii) sell adulterated goods or medicine knowingly; iii) sell any goods contaminated with such ingredients which is extremely injurious to human health; iv) deceive consumers by untrue, misleading, false or fabricated advertisement; v) not deliver the products sold accordingly; vi) not showing/preserving the price list; vii) sell any goods less than the original weight or amount; viii) tempering the weight machine ix) tempering the length measuring instrument to deliver less length; x) manufacture make any fake goods in the name of another; xi) sell expired goods or medicine etc. Rights of the consumer Each consumer has duty to be cautioned before purchasing any goods/service. Moreover, it should always keep in mind that you will have to produce sufficient evidence against the alleged seller or the manufacturer to get proper remedy. Hence preserving the receipt and sample of the purchased product is necessary to establish your rights. Often sellers not deliver any receipt; to avoid further complexity it is the duty of the consumer to ask for the receipt from the trader. In addition, you should scrutinize the actual price, brand name and trade mark, BSTI approval, date of manufacture, date of expire, name and address of the manufacturer or importer, any other direction marked on the container and other necessary information regarding the product labeled on the packet. Moreover, consumers are entitled to get relevant information concerning any goods or service from the trader. However, now it mandatory to use the mark of vitamin A and the slogan “accurate nutrition, healthy life” on each container of every edible oil. It is also your duty as a purchaser to be aware before buying any goods or service about the standard of it. Powers of the Director General The Director General (DG) of the national directorate of protection of consumer rights can take necessary steps to inspect the standard of goods/service, to prevent any fraud or adulteration and to prevent any act which may affect the rights of the consumers. The DG has same power like the officer-in-charge of a police station while conducting an inquiry. Furthermore, he/she has power to issue arrest and search warrant if he/she reasonably believes that a person has committed an offence under the Act or there is enough reason to believe that a person preserve materials contrary to this Act. The DG can enter any suspected place to inspect or can collect sample to examine. In addition, he/she can pass an order to arrest a person and to seize/forfeit the goods. Even the DG can order to prohibit the production or can shut down a shop/factory or business temporarily for doing any act contrary to the law. How to get protection Any consumer(s), registered consumer association, national consumer rights protection council or any authorized person, government or government authorized officer in this regard can apply in writing mentioning his/her name, address, email/phone/fax number, reason to complain, incident occurred, name, address and identification, of the traders, details of the product/service etc. to the director general or concerned person of the directorate of protection of the rights of the consumers within 30 days from the date of occurrence. Even a whole seller or a retailer can also bring allegation against any manufacturer. Moreover, the consumer will has to bring the goods, if possible and the receipt of such goods/service as evidence before the authority to get remedy. However, the consumer himself/herself cannot bring legal action directly to the get. After filling the complaint the directorate will conduct an enquiry and on the basic of that inquiry the consumer directorate only can take legal action against the merchant to the court. Outside Dhaka the district magistrate will exercise the power of the director general to deal the matter where no office of the directorate is situated. However, the government will constitute National Consumer Rights Protection Council by high officials and District/Upazila/Union Consumer Rights Protection committee in every districts under the mentioned Act to monitor the issue closely. Nevertheless you can file a suit before the court of the joint district judge to get compensation if your damages is recoverable by money. Otherwise, the consumer can apply for alteration or recession that means he/she will return the goods and the seller will return the money and get back to their same previous position before the contract. Apart from these if the allegation is proved after the enquiry then the complainant will has to get 25% money from the realized fine.  However, the law provides both civil and criminal forum for the complainant to get redress. Apart from the right to get compensation the culprits will be punished for their criminal liability. The punishment for these kind offences may vary from offence to offence which may extend to maximum three years imprisonment or highest tk 2,00000 fine or with both. The office of the national directorate of consumer rights protection is situated at the TCB building at Karwan Bazar, Dhaka. Published in the Dhaka Tribune (Juris) on 03.07.2014 at P. 7.