Section 8(2) in The Kerala Buildings (Lease and Rent control) Act, 1965
(2)Where the fair rent of a building has not been determined under section 5-(a)notwithstanding anything contained in any contract, the rent payable for the building in cash it is a building falling under CL (i) or CL (ii) of the PROV to sub-section (2) of section 5 shall be, where the property tax or house tax has been fixed by the local authority the maximum rent that may be fixed the Rent Control Court as provided for in sub-section (2) of section 5 or the agreed rent whichever is less, and in cases where no property or house tax has been fixed for the building or where it has been fixed not on a rental basis, the agreed rent;(b)the landlord shall not claim, receive or stipulate for the payment of any premium or other like sum in addition to rent payable under CL (a) for a building balling under CL (i) or CL (ii) of the PROV to subsection (2) of section 5, and the agreed rent in the case of any other building;Provided that the landlord may receive or stipulate for the payment of an amount not exceeding one month's rent by way of advance;(c)save as provided in CL (b) any sum paid in excess of the rent payable under CL (a) in the case of building falling under CL (i) or CL (ii) of the PROV of sub-section (2 of section 5, and the agreed rent in case of any other building, in consideration of the grant, continuance or renewal of the tenancy of the building after the commencement of this Act, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person shall e otherwise adjusted by the landlord.
