Rent waived only if written in the agreement: Delhi High Court

The Delhi High Court said that exemption, exemption or deferment of rent can be obtained only in accordance with the terms of the agreement. If not, the dispute will be settled on the basis of applicable law only.

There are going to be a lot of controversies in the lockdown. One of these disputes involves landlords and tenants. On which the Delhi High Court has given an important decision. The High Court has also fixed certain matters for the settlement of the demands for exemption from rent and waiver in the Covid-19 epidemic.

Justice Pratibha M Singh said in his judgment that the relationship between a landlord and a tenant can be in many ways. These relationships are either bound by contract or bound by law. The right of the parties to the matters of the contract is decided on the basis of the terms and conditions of the same contract. Matters relating to waiver, waiver or deferment of rent can be obtained only in accordance with the terms of the agreement.

Under the Indian Contracts Act, 1872, if there is a clause in the contract to seek exemption from rent, the tenant is entitled to claim it.

The High Court had passed the judgment rejecting some tenant’s application. Rent sought waiver or postponement. The business is completely closed due to lockdown in the shop. So the rent was waived. Otherwise, the owner asked them to vacate the building.