The Troubled Relationship between the Tenant and the Landlord during the COVID-19 Pandemic and its Repercussions

Abstract:

The COVID-19 pandemic is the worldwide pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). , which originally emerged from China . The government has lay down certain restriction like lockdown and social distancing for containing spread of disease.As a result of governmental restriction and preventative social measures commercial landlord and tenant are now facing complete or partial shut of business operation .It not only affected economic and organisational norm but also deeply affected our relationship both interpersonal and social. Many tenants are facing financial crisis due to Coronavirus and are not able to pay rent. When the tenant default on rent, the landlords suffer and might not be able to meet their own financial obligation such as making the mortgage payments on the rental property, electricity and water charges, insurance, maintenance, property tax, etc.The relationship of any tenant-landlord/ lessee- lessor relationship is pure and simple a contractual relationship based on the free will of the parties ( where the monthly rental happens to be below a specified amount and such a relationship being governed by the various provisions of the Rent Control/ Regulation Acts enacted by various States are situation of exception). This relationship is governed by the contract between the landlord and the tenant which when brought down into writing, forms the Rent Agreement/Lease Deed (Agreement). This Agreement/ Deed is largely governed by the various provisions of the Indian Contract Act, 1872, inter alia and particularly with respect to offer, acceptance, consideration, term, breach and frustration of contract.

Authored by Jyothi Pathak, Gautam Buddha University, Greater Noida.

The Troubled Relationship Between The Tenant and The Landlord During The COVID-19 Pandemic and its Repercussions

Abstract-

In this article we will see how the relationship of tenant and landlord gets disturb due to reverberation of covid 19 .Indeed, what this article ultimately seeks to achieve is evaluating way to find solution to solve the dispute between landlord and tenants The transmission of a virus with flu-like symptoms has pushed world economies to an unprecedented standstill. Stock market crashes, mass unemployment, and disruptions hinting a recession – are only the tip of the iceberg and its underlying repercussions are likely to unfold with time.The customary strained landlord-tenant relationships are further distressed with the lack of clarity in Central and state government announcements bringing fore questions of eligibility and applicability of relief measures. Until the air clears (pun-intended), Indians will continue to rely on legislations that hugely favours tenants in rental disputes, leaving landlords grappling to survive the crisis without any respite. In the interim, as parties await clarification from the government, it is advisable to facilitate a shared objective of contractual performance through collaboration and provide a win-win solution to all until normalcy returns.

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.