BATCH 2019-20

“SYNOPSIS”

TOPIC:- Drafting of Contract of Tenancy

SUBJECT:- Law of Contract

SUBJECT CODE:

Submitted to: Submitted by:

DR. Rahul Nikam Name Rounak Sinha
Associate Professor Roll No. 91901104001
Faculty of law, Marwadi university B.A. LLB Hons (sem1)
 Introduction

A Tenancy Agreement is a contract between the two parties. i.e tenant and the landlord, which
guarantees the rights of tenant to occupy the property on condition that the tenant pays the
landlord rent for letting their property. There are some duties and obligations of both tenant
and the landlord towards each other so that it minimizes the possibility of disputes arising after
the property is rented.
A Tenancy Agreement may be oral or written. Written mode is always preferable as oral
agreements can be difficult to enforce because there is often there is no proof of what has been
agreed. It is thus advisable to have a written agreement as it is easier to prove in case of a
dispute arising between the tenant and the landlord after the property is rented. It is essential
that a Tenancy Agreement cover all the basic requirements. Below is a brief outline of clauses
which you should include in your Tenancy Agreement:-
 Parties Clause :- It is generally the start and finish date of tenancy .The amount of rent,
how frequently it is paid and in what manner it should be paid and also for the clarity
the amount of rent that is to paid the tenant each month should be stated in numbers as
well as in words. All these things – amount of rent and method of payment come under
this clause.
 Deposit Clause :- Paying a deposit as security for fulfilment of obligations by tenant
to landlord which is refundable when the tenant discharged all his / her obligations
comes under this clause.
 Tenant’s Obligation Clause:- This clause sets out the tenant’s obligations. Typically
it will include the following:- the tenant shall pay rent on time, pay for electricity and
water bills, keep the property in good condition and seek the landlord’s permission
before subletting the property.
 Lanlord’s Obligations Clause:- This clause laying out the responsibilities of the
landlords for example , the landlord shall repair the property in case of damages and
the tenant quiet possession of the house.

Other clauses which should be included are; a termination clause, notice clause and dispute
resolution clause. In addition, The Agreement should include a provision for a signatures of
both parties. Upon signing the agreement, it becomes legally binding.
In this project , The Researcher is going to draft the Contract of Tenancy. Here is
Questionnaire:-
1. Is it a fixed-term or month to month tenancy?
2. When the tenancy begin and end? Is the landlord going to prorate the costs if it is in middile
of the month?
3. Does the landlord provide you with receipts for your rent?
4. Where and how do you pay your rent?
5. Who does the landlord designate as their agent, if any?
6. What is the landlord’s notice address for repair requests and other correspondence?
7. How often does the landlord intend on coming into the unit for inspections?
8. Are there any parts of your lease that sound odd to you or what make you unsure that the
landlord is following the law?
9. Does the landlord allow pets? Is there a pet deposit or fee?
10. Does the landlord provide any kind of relief when any kind of financial problem arises with
you?
11. How much are late fees and when are they charged, if there is any?
12. Are there fees for parking or storage?
13. What utilities are you responsible for? What utilities are being paid by the landlord?
14. Is the landlord making any commitments to you to improve the conditions of the unit?
15. Do all the outlets, plumbing, heaters, light fixtures and phone jacks function well?
16. Is there adequate ventilation in the bathroom and unit is general?
17. Are there adequate locks on all the doors?
18. Do all the windows open and shut properly?
19. Is there excessive noise from heaters, neighbours, the street or construction nearby?