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State of Tamilnadu - Section

Section 5 in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

5. Change in fair rent in what cases admissible.

(1)When the fair rent of a building has been fixed [or refixed] [Inserted by section 7(1) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 73 of 1973).] under this Act, no further increase in such fair rent shall be permissible-except in cases where some addition, improvement or alteration has been carried out at the land lord's expense and if the building is then in the occupation of a tenant, at his request:Provided that the fair rent as increased under this sub-section shall not exceed the fair rent payable under this Act for a similar building in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed:Provided further that any dispute between the landlord and the tenant in regard to any increase claimed under this sub-section shall be decided by the Controller.
(2)Where, after the fair rent of a building has been fixed under this Act, there is a decrease or diminution in the accommodation or amenities provided, the tenant may claim a reduction in the fair rent as so fixed:Provided that any dispute between the landlord and the tenant in regard to any reduction so claimed shall be decided by the Controller.
(3)[ Where the fair rent of any building has been fixed before the date of the commencement of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973), the landlord or the tenant may apply to the Controller to refix the fair rent in accordance with the provisions of section 4 and, on such application, the Control may refix the fair rent.] [This sub-section was added by section 7(2) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).]