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State of Karnataka - Section

Section 12 in Karnataka Rent Act, 1999

12. Controller to fix standard rent, etc.

(1)The Controller shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any premises,-
(i)the deemed rent for the purpose of clause (e) of sub-section (3) of section 2;
(ii)the enhancement in rent in the manner provided in Third Schedule;
(iii)the standard rent as per the provisions of section 7;
(iv)the other charges payable as per the provisions of section 8; and
(v)the revision in rent as per the provisions of section 9:
Provided that it shall not be permissible for the land lord to apply for the fixation of standard rent as per the provisions of section 7 in the case of a tenancy entered into after the commencement of this Act.
(2)In working out the cost of construction of any premises or the market price of land comprised in such premises for the purposes of section 7 or the expenditure incurred for any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Controller may take the assistance of a prescribed valuer who shall carry out the assessment in the manner prescribed.
(3)In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable, the Controller shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 8 or section 9 and other circumstances of the case.
(4)In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller may also fix the standard rent of such part sub-let.
(5)Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Controller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises.
(6)The standard rent shall in all cases be fixed for a tenancy of twelve months:Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears of twelve months.
(7)In fixing the standard rent of any premises under this section, the Controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(8)In fixing the standard rent or lawful increase or decrease of rent or determining the other charges payable in respect of any premises under this section, the Controller shall specify a date from which the amount, so fixed shall be deemed to have effect:Provided that, in no case the date so specified shall be earlier than the date of filing of the application for the increase or decrease of the standard rent:Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the date of completion of such improvement, addition or alteration.
(9)The Controller may, while fixing standard rent or lawful increase or decrease in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of instalments as he deems proper.