Since the starting of the deadly novel corona virus, a constant raise has been administered in various parts of the country.
The Ministry of Home Affairs, Government of India vide notification EDN/481/20201/PT1/17 dated 29.03.2020 had issued directions under Section 10(2)(1) of the Disaster Management Act, 2005 whereby landlords had been directed not to seek rent payments from migrant workers, students and had further directed that in case of forced eviction for non-payment of rent, the same shall be punishable under the Disaster Management Act, 2005.
The order mentioned If any proprietor is found violating the instant directions, he/she shall be liable for action under the provisions of Section 51 of the Disaster Management Act, 2005 and under the provisions of the Epidemic Diseases Act, 1897 and Regulations framed thereunder.
The Deputy Commissioner of respective districts and Superintendent of Police will be personally liable for the strict implementation of the above directions mentioned in the instant order.
Let us understand it with a case law.
Case law- Ramanand & Ors vs Dr Girish Soni & Anr on 21 May, 2020
The concerned bench observed, “The COVID- 19 pandemic has had large-scale implications for human life. Contractual relationships and jural relationships between parties are severely affected due to the lockdown. The question as to whether the lockdown would entitle tenants to claim waiver or exemption from payment of rent or suspension of rent, is bound to arise in thousands of cases across the country. Though there can be no standard rule that can be prescribed to address these cases, some broad parameters can be kept under consideration, in order to determine the manner in which the issues that arise can be resolved.”
Analysis as per the judgment-
(i) What if the Tenancy Agreement does not have a ‘Force Majeure’ clause?
As per the law laid down by the Delhi High Court, if the tenancy agreement does not contemplate such a ‘lockdown’ situation clause , a suspension of rent during the lockdown period cannot be sought merely because of the lockdown or non-use of the premises.
(ii) If there is no ‘Force Majeure’ clause and if the landlord does not agree for deferment, what is the relief which a tenant or lessee can seek?
A meaning of the term Force Majeure is unforeseeable circumstances that prevent someone from fulfilling a contract.. In this unfortunate situation of pandemic, if there is no force Majeure clause in the contract, a tenant can’t ask for it. Tenant can move to the court and it shall be total discretion of the court based upon the facts and circumstances of the case.