CAN A TENANT REFUSE TO PAY RENT FOR THE PERIOD OF LOCKDOWN DUE TO FORCE MAJEURE ? क्या किरायेदार किसी अप्रत्याशित घटना के कारण किराया देने से इंकार कर सकता है?

Legally, a tenant cannot claim for Force Majeure, and refuse to pay rent to the landlord; even the Rent/Lease agreement is having a clause for Force Majeure.



    As per the order/direction of the Ministry of Home Affairs, which issued under the Disaster Management Act, A landlord should stop from demanding rent from poor workers and migrant laborers for one month, and further strict action can be taken against the landlords who force to evict their tenants, wherever the workers including the migrants are living in the rented accommodation.

     Hence, it is clear that, this order /direction would be applied with the poor workers and migrant labors, and not for all the tenants, and it specifically not applied for a businessman. 

    Further, a rent /lease agreement is a contract between the Landlord and Tenant under the Indian Contract Act, 1872, but after execution of rent /lease agreement, a transfer of property takes place, hence the lease governed under the Transfer of Property Act. 

    Further, as per Section 108(c) of the Transfer of property Act, when the lessee/tenant is put in possession, then it is the duty of the landlord to allow the tenant to continue in possession without any interruption, and further the lessee /tenant is bond to pay the rent to the lessor/landlord at the proper time and place.

    Further, as per Section 108(e) of the Transfer of property Act, If by fire, tempest or flood or violence of any army or of a mob or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option of the lessee be void etc. 

    Since, the present crisis i.e. Covid-19 has neither destroyed the tenanted premises , and nor the tenanted premises became permanently unfit for the purpose of living , hence even the provision of 108(c) of the Transfer of property Act are also not applicable here . Hence, it is clear that a tenant cannot claim for force majeure and refuse to pay rent to the landlord legally on the ground of Covid-19 lockdown, and also a tenant cannot reduce the rent, unless there is specific clause in the rent/lease agreement. And also when the tenant even during the lockdown period used the tenanted premises as usual and avails the services, so the tenant cannot take relief under the force majeure clause as well.

    Recently the Supreme Court of India refused to entertain a plea seeking direction to the Center to ensure compliance with the Ministry of Home Affairs order, directing landlords to neither ask students and laborers to vacate the premises nor to seek rent for a month during the Covid- 19 lockdown. Further the Supreme Court was pleased to dismiss the plea and said the apex court cannot implement the orders of the Government.

 Delhi High Court also in the case of Ramanand and others Versus Girish Soni and another, also rejected a tenant’s application for suspension of rent, claimed on the basis of Force Majeure, and granted only deferment, postponement of rentals. Further, the Delhi High Court held that my existence of a Force Majeure clause in an agreement would not entitle a tenant to a waiver, and the suspension of rent during lockdown period cannot be sought on the ground of lockdown or non use of the premises during lockdown.

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