Kerala Buildings (Lease and Rent Control) Act, 1965
No: 2 Dated: Jul, 07 1965
THE KERALA BUILDINGS (LEASE AND RENT • CONTROL) ACT, 1965
(No.2 of 1965)
An Act to regulate the leasing of buildings and to control the rent of such buildings in the State of Kerala.
In exercise of the powers conferred by section 3 of the Kerala State Legislature (Delegation of Powers) Act, 1965 (12 of 1965), the President is pleased to enact as follows :-
1. Short title, extent, application and commencement.-(1) This Act may be called the Kerala Buildings (Lease and Rent Control) Act, 1965.
(2) It extends to the whole of the State of Kerala.
(3) It applies to the areas mentioned in the Schedule and the Government may, by notification in the Gazette, apply all or any of the provisions of this Act to any other area in the State with effect from such date as may be specified in the notification, and may, by like notification, cancel or modify such notification or withdraw the application of all or any of the provisions of this Act from any area mentioned in the Schedule :
Provided that no such notification shall be issued unless it is supported by a resolution passed by the local authonty or authorities, if any, of the areas affected by the notification.
(4) It shall be deemed to have come into force on the first day of April, 1965.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes-
(a) the garden, grounds, wells, tanks and structures, if any appurtenant to such building, hut or part of such budding or hut, and let or to be let along with such building or hut;
(b) any furniture supplied or any fittings affixed by the land lord for use in such building or hut or part of a building or hut, but does not include a room in a hotel or boarding-house ;
(2) "Accommodation Controller" means any person appointed to perform the functions of an Accommodation Controller under this Act;
(3) "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, admimstrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant
Explanation.-A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant ;
(4) ''prescribed" means prescribed by rules made under this Act;
(5) " Rent Control Court" means the Court constituted under section 3 ;
(6) " tenant" means any person by whom or on whose account rent is payable for a building and includes the surviving spouse or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of the tenant's family up to the death of the tenant and a person continuing in possesion after the termmation of the tenancy in his favour, but does not include a Kudikidappukat an as defined in the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964), or a person placed in occupation of a budding by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand on slaughter-house or of tent for shops has been farmed out or leased by a municipal council or local board or Panchayat or Corporation ;
(7) "unconcianable tent" means any rent which is more than double the maximum of the fan rent that could be fixed for a building under section 5.