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IMPORTANCE OF RENTAL AND TENANCY LAW IN PAKISTAN

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RENTAL AND TENANCY LAW OF PAKISTAN

RENTAL AND TENANCY LAW OF PAKISTAN

In Pakistan, the Landlord and Tenant Law plays a vital role, assuring tenants and owners to use, practice achieve their rights in case of disputes. It mentions your legal privileges. Knowing the law plays a very critical role for securing your rights, both as a tenant as well as owner. It assure that  your hold on your property. In terms of safety factors, investment growth, and return on investment (ROI), Pakistani real estate is the most appropriate investment sector. Renting properties in Pakistan is a popular option for people to earn a stable income stream by investing their savings.  This article aims to provide information to the readers, potential tenants, and landlords regarding how the process works.

A fairground for both parties is guaranteed by the Pakistan Landlord and Tenant Law. There are four main laws dealing with tenants’ and landlords’ rights in Pakistan, and they cover all territories.

Rent Negotiation of Landlords & Tenants

Rent can generally be agreed upon between landlords and tenants according to state law. Within 7 days of signing the rental agreement, the landlord is required to register it with the local rent controller. Law states that rent increases are automatically imposed after every year of tenancy at a rate of 10%, and after every three years at a rate of 25% of what the tenant is already paying. In cases where the tenant and landlord have already negotiated their own terms and have a written agreement stating this, this rule does not apply.

Rent Agreement

Any period of time can be agreed upon between the parties in a tenancy agreement. If such an agreement lasts more than a year, it must be registered under Section 17 of the Registration Act, 1908. Keep in mind the following points when preparing a valid rental agreement:

  • Contact information for both landlords and tenants.
  • An explanation of the premises.
  • Tenancy period.
  • Rent due date and payment method.
  • The rate at which rent is enhanced each year.
  • Rent out the premises for business purposes.
  • Information about your bank account if you will be paying rent by

In case rent is to be paid by bank transfer, please provide account details.

Agreements that are not registered become null and void.

Rent controllers have the authority to set fair rents after receiving applications from tenants and landlords.

What is Fair Rent?

The factors that one should take into account when determining fair rent are numerous.

  • During the year before the application was submitted, the rent for similar buildings in the immediate locality at that time.
  • Taxes, construction, and repairs are the current costs.
  • According to the Property Tax Assessment Register of the Taxation Department, the rental value of buildings can be determined.

Tenant and landlord rights in evictions

Following the date on which a tenancy began, a tenancy can only continue for the amount of time an agreement between a landlord and tenant has been established. In the absence of an agreement, the tenancy will be deemed invalid after 6 months of the landlord sending the tenants an evacuation letter.

Tenant evicted from given premises

Each party’s rights are protected by law. In accordance with this Act, landlords may ask for tenants’ eviction when:

  • The tenancy period has ended.
  • Rent has not been paid by the tenant.
  • A tenancy agreement has been broken by the tenant.
  • The leased premises have been used for a purpose other than that for which they were rented.
  • There are infringing tenancy conditions on the part of the tenant.
  • The study
  • Some of the tenants’ activities have caused inconvenience to their neighbors.
  • The landlord wishes to renovate or reconstruct the property.
  • The tenant has sublet the property with permission from the landlord.

The act of subletting is when a rented unit is re-rented to another party without the landlord’s permission.

A controller rent usually provides the tenant with a reasonable period of time in which he or she can return the property to the landlord. This time period may be extended at the discretion of the supervisor, but it will not exceed four months from the date the decision was made.

When a specific period of time has been specified for a tenancy between the landlord and the occupant, the landlord may not evict the occupant based on the above-mentioned pointers.

Security refund

Landlord and tenant laws in Pakistan seem comprehensive, but tenants cannot file a claim in cases where the landlord fails to return security deposits. In such a case, a tenant would have to file a civil suit with the civil court.

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Syed Mohsin Ali Shah, Senior Family Lawyer & Corporate Tax Advisor
Syed Mohsin Ali Shah, Family Lawyer & Chairman Qanoon Group
Phone : +92316-6644789

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