PUNJAB RENTED

PREMISES ACT
2009
Minor Act
OBJECT OF PUNJAB RENTED
PREIMISES ACT 2009
Regulate the relationship of landlord and tenant expeditiously by
controlling the rent which the tenant had to pay to the landlord and
by controlling the rights of landlord to eject his tenant.
It also covers the field of creation of tenancy
Provides a mechanism for settlement of their disputes inter se
Also resolve all the connected matters qua the relationship of land
lord and tenant
RELATIONSHIP OF LANDLORD AND TENANT
The Rented Premises Law is designed to control the relationship between
the landlord and the tenant for the benefit of both sides. While they
protect a tenant and secure his tenancy by not permitting the landlord to
eject him at his whim, they also protect the landlord, inasmuch as he is
provided with a speedy remedy, by laying down the grounds on which a
tenant may become liable to ejectment. Broadly speaking, these grounds
are:-
(i) default in payment of rent
(ii) subletting the building without permission of landlord
(iii) putting it to a use different from one for which it was let out
(iv) causes damage to property
(v) making unauthorized construction
The tenant is also protected inasmuch as the landlord can neither
arbitrarily increase the rent nor can he with-hold any of the residential
amenities e.g. water, gas, electricity etc., and, if he does so, the tenant
can approach the Rent Tribunal for suitable relief.
DEFINITION OF LANDLORD
2(d) “landlord” means the owner of a premises and includes a person for the time being entitled or
authorized to receive rent in respect of premises.
Landlord not essentially a owner of the property
(i) entitled to receive rent in respect of premises
(ii) authorized to receive rent
As trustee
Guardian
Receiver
Landlady’s son
Transferee
Successor-in-interest
LANDLORD
2014 MLD 23
Muhammad Anwar Vs Mir Rafique Ahmed

"Landlord" included all those persons who were co-owners of the premises. Any one
of the co-owners could file ejectment petition in respect of rented premises jointly
owned by them.
DEFINITION OF TENANT
(l) “tenant” means a person who undertakes or is bound to pay rent as consideration
for the occupation of a premises by him or by any other person on his behalf and
includes;
(i) a person who continues to be in occupation of the premises after the termination
of his tenancy for the purpose of a proceeding under this Act;
(ii) legal heirs of a tenant in the event of death of the tenant who continue to be in
occupation of the premises; and
(iii) a sub-tenant who is in possession of the premises or part thereof with the
written consent of the landlord; and
SUB TENANT
Section 2(iii)
sub-tenant who is in possession of the premises or part thereof with the written
consent of the landlord
CREATION OF TENANCY
5. Agreement between landlord and tenant.– (1) A landlord shall not let out a
premises to a tenant except by a tenancy agreement.

2 (m) “tenancy agreement” means an agreement in writing by which a landlord lets

out a premises to a tenant.
 COMMERCIAL PROPERTY
Ejectment-petitioner (Masjid) sought eviction of the tenant from its (Masjid's) shops. Tenant filed present
constitutional petition against eviction orders concurrently passed against him.
Held, that petitioner, while relying upon Ss. 2(a) & 2(f) of the Punjab Rented Premises Act, 2009,
contended that the Rent Tribunal did not have jurisdiction to adjudicate upon the matters pertaining to
"any place of religious worship“.Punjab Rented Premises Act, 2009, provides that application in respect
of rented premises shall be filed in the Rent Tribunal for the settlement of the disputes in an expeditious
manner; the "premises" as mentioned in S. 2(f) of the Act 2009 includes "building", while defining the
word "building" S. 2(a) of the Act, 2009, excludes room in a hotel, hostel, boarding house, guest house
or any place of religious worship. However the words 'any place of religious worship' by no means can
be stretched to a premises or building that is being used for a commercial purpose. Admittedly, the
premises-in-question are shops, being used for commercial purpose. Said provisions of the Act, 2009
cumulatively reveal that any property, space or premises let out for the purpose of business or trade are
not intended to be excluded from the definition of building or for that matter premises.Thus, the
objection of the petitioner as to maintainability of the ejectment-petition, was rejected.
COTENTS OF TENANCY
6. Contents of tenancy agreement.– (1) A tenancy agreement shall contain, as far as
possible, the following:
(a) particulars of the landlord and the tenant;
(b) description of the premises;
(c) period of the tenancy;
(d) rate of rent, rate of enhancement, due date and mode of payment of rent;
(e) particulars of the bank account of the landlord, if the rent is to be paid through a
bank;
(f) the purpose for which the premises is let out; and
(g) amount of advance rent, security or pagri, if any.
(2) If the tenure of the tenancy is fixed but a rent is fixed only for a part of the tenure,
in the absence of any stipulation to the contrary in the tenancy agreement, the rent shall be
deemed to remain the same for the whole of the tenure.
REGISTRATION OF TENANCY
AGREEMENT
5. Agreement between landlord and tenant
(2) A landlord shall present the tenancy agreement before the Rent Registrar.
(3) The Rent Registrar shall enter the particulars of the tenancy in a register, affix his
official seal on the tenancy agreement, retain a copy thereof and return the original tenancy
agreement to the landlord.
(4) The entry of particulars of the tenancy shall not absolve the landlord or the tenant of
their liability to register the tenancy agreement under the law relating to registration of
documents.
(5) A tenancy agreement entered in the office of a Rent Registrar or a certified copy
thereof shall be a proof of the relationship of landlord and tenant.
(6) Any agreement which may be executed between the landlord and the tenant in
respect of the premises shall be presented before the Rent Registrar in the same manner as
provided in sub-section (2).
RENT REGISTRAR
17. Rent Registrar.– (1) The Government shall appoint a Rent Registrar in a district
or an area as it may deem necessary.
(2) The Rent Registrar shall maintain a register to enter particulars of a tenancy
agreement, agreement to sell or any other agreement in respect of rented premises.
RENT REGISTRAR
EFFECT OF NON-
COMPLIANCE
9. Effect of non-compliance.– If a tenancy does not conform to the provisions of
this Act, the Rent Tribunal shall not entertain an application under this Act–
(a) on behalf of the tenant, unless he deposits a fine equivalent to five percent of
the annual value of the rent of the premises in the Government treasury; and
(b) on behalf of the landlord, unless he deposits a fine equivalent to ten
percent of the annual value of the rent of the premises in the Government treasury.
EXISTING TENANCY
Under section 8 of the Act the existing tenancy before promulgation
of the Act 2009 is saved as under

8. Existing tenancy.– An existing landlord and tenant shall, as soon as possible but
not later than two years from the date of coming into force of this Act, bring the
tenancy in conformity with the provisions of this Act.
EFFECT OF NON-
COMPLIANCE
2011 CLC 1503
Muhammad Shahzad Aslam Vs Special Jude (Rent)
In section 8 of the Act, 2009, a relaxation is provided to the parties for bringing the tenancy agreement in
conformity with section 5 of the Act, 2009. The Act of 2009 was promulgated on 17th of November, 2009 and, as
such, two years relaxation under section 8 of the Act of 2009 will start after 17th of November, 2009 and as such
the time was available to respondent for registration of tenancy and as such, the application was rightly
entertained. The question now requires consideration that even if the two years is available to parties and the
ejectment stand decided within two years whether the parties will be immuned for registration of tenancy. In these
circumstances, in my humble opinion, the parties will not be exempted from' registration. After promulgation of
Act of 2009, the registration is mandatory but two years time is available to them for registration and if they have
not got registered the tenancy, they have to pay penalty as provided in law if they want to get the matter
adjudicate from the Rent Tribunal. The relaxation given in section 8 enables the court to pass a conditional order
at the time of final conclusion of the ejectment petition ordering that the eviction/ejectment order will be
executable subject to payment of fine in terms of section 9 of the Act, 2009.
MIXIM
ONCE A TENANT
IS ALWAYS A
TENANT
EFFECT OF OTHER
AGREEMENT
SECTION 10:-
An agreement to sell or any other agreement entered into between
the landlord and the tenant, after the execution of a tenancy
agreement, in respect of premises and for a matter other than a
matter provided under the tenancy agreement, shall not affect the
relationship of landlord and tenant unless the tenancy is revoked
through a written agreement entered before the Rent Registrar in
accordance with the provisions of section 5.
EFFECT OF OTHER AGREEMENTS
2012 MLD 108
Haji Muhammad Saeed Vs ADJ
The agreement to sell executed by the parties after the execution of tenancy
agreement shall have no effect on the later and it shall also not affect the
relationship of landlord and tenant unless the tenancy is revoked in the
manner provided under the Act. Admittedly, the petitioner did not move before
the Rent Registrar for revocation of the tenancy in writing as such, he cannot
take the benefit of agreement to sell which is yet to be proved in the proper
proceedings before the court of competent jurisdiction. In view of this legal
bar, the plea of the petitioner that the learned Rent Controller should stay the
proceedings on the ejectment petition till the decision of the civil suit cannot
be accepted. The petitioner has to surrender the possession to the respondent
and in case he succeeded in obtaining the decree of possession through
specific performance of an agreement to sell, he may pray for restoration of
possession from the defendant of that case, until such time, the petitioner has
to surrender the possession of the demised premises to the landlord.
OBLIGATIONS OF
LANDLORD
12. Obligations of landlord.– (1) A landlord shall–
(a) provide a certified copy of the tenancy agreement to the tenant;
(b) subject to the tenancy agreement, repair the premises as may be necessary
to keep it in habitable condition or as may be required under a law for the time
being in force; and
(c) pay the tax, fee or charge levied on the premises under a law for the time
being in force.
(2) Subject to the tenancy agreement, a landlord shall not–
(a) cut off, suspend or withhold, without just or sufficient cause, an
amenity, utility or easement of the premises; and
(b) enter the premises without giving the tenant a reasonable notice.
DEFAULT BY LANDLORD IN
OBLIGATIONS
12. Obligations of landlord:-
(3) If a landlord neglects or fails to fulfill an obligation under this Act or the tenancy
agreement, the tenant may file an application in the Rent Tribunal for an order directing the
landlord to fulfill the obligation.
(4) The Rent Tribunal may–
(a) if a tenant has been in enjoyment of an amenity, utility or easement which has been
cut off, suspended or withheld without just or sufficient cause, make an order directing the
landlord to restore the amenity, utility or easement;
(b) authorize a tenant to restore the amenity, utility or easement at his expense and
defray the expenses allowed by the Rent Tribunal from the rent; and
(c) if a landlord has failed to keep the premises in habitable condition, or to make
necessary repairs, direct that such repairs may be made by the tenant at his expense and defray
the expenses allowed by the Rent Tribunal from the rent.
DEFAULT BY LANDLORD
14. Reimbursement of expenses.– (1) If a landlord fails to pay a tax, fee or charge
relating to the premises, the concerned authority may direct the tenant to pay the tax,
fee or charge.
(2) The tenant shall pay the tax, fee or charge relating to the premises and defray
the amount from the rent or file an application against the landlord in the Rent
Tribunal for the recovery of the amount of tax, fee or charge paid by him.
MODES OF PAYMENT OF RENT
Section 7:-
Payment of rent.–
(1) A tenant shall pay or tender the rent to the landlord in the mode and by the date mentioned
in the tenancy agreement.
(2) If the date of payment is not mentioned in the tenancy agreement, a tenant shall pay or
tender the rent not later than tenth day of the following month.
(3) If the mode of payment is not mentioned in the tenancy agreement, a tenant shall pay or
tender the rent to the landlord through money order or deposit in the bank account of the
landlord.
OBLIGATIONS OF TENANT
13. Obligations of tenant.– (1) Subject to the tenancy agreement, a tenant shall–
(a) keep the premises in the condition in which it was let out except for
normal wear and tear;
(b) use the premises for the purpose for which it was let out;
(c) allow the landlord to enter the premises for the purpose of inspection or
repair;
(d) hand over the vacant possession of the premises to the landlord on the
termination of tenancy;
(e) not cause nuisance to the neighbours of the premises; and
(f) not make a structural change in the premises without the prior written
consent of the landlord.
DEFAULT BY TENANT
13. Obligations of tenant
(2) If a tenant fails to fulfill an obligation under this Act or the tenancy agreement, the
landlord may give notice in writing to the tenant specifying the act or omission and the
remedial action to be taken by the tenant within a specified time.
(3) A landlord may file an application to a Rent Tribunal for an order directing
the tenant to fulfill the obligation or may seek eviction of the tenant.
APPLICATION FOR DEPOSIT
OF RENT
20. Application for deposit of rent.– (1) Notwithstanding anything contained in this
Act, if a landlord refuses to accept the rent, the tenant may file an application in the
Rent Tribunal for deposit of the rent.
(2) The Rent Tribunal shall, without prejudice to the rights of the landlord, allow
the tenant to deposit the rent for the period for which the landlord has refused to
receive the rent.
(3) The Rent Tribunal shall inform the landlord of the deposit of rent by the
tenant and may pass an order permitting the landlord to collect the same.
EVICTION OF TENANT
15. Grounds for eviction.– A landlord may seek eviction of the tenant if–
(a) the period of tenancy has expired;
(b) the tenant has failed to pay or tender the rent within a period of thirty days
after the expiry of the period stipulated in section 7;
(c) the tenant has committed breach of a term or condition of the tenancy
agreement;
(d) the tenant has committed a violation of an obligation under section 13;
(e) the tenant has used the premises for a purpose which is different from the
purpose for which it has been let out; or
(f) the tenant has sub-let the premises without the prior written consent of the
landlord.
RENT TRIBUNAL
16. Establishment of Rent Tribunal.– (1) The Government shall establish a Rent
Tribunal in a district or an area as it may deem necessary.
(2) A Rent Tribunal shall consist of one or more Special Judges (Rent) to be
appointed by the Government in consultation with the Lahore High Court.
(3) Subject to this Act, the Lahore High Court may empower a civil judge or a
judicial magistrate to act as Rent Tribunal for a district or an area.
(4) The Rent Tribunal shall exercise exclusive jurisdiction over a case under this
Act.
(5) If there are more than one Special Judges (Rent) in a district or an area, a
Special Judge (Rent) designated by the Lahore High Court shall act as an
Administrative Special Judge (Rent) in the district or the area.
PROCEDURE BEFORE RENT
TRIBUNAL
19. Filing of application.– (1) An application in respect of a rented premises shall be
filed in the Rent Tribunal of the area or the district.
(2) If an application is filed under sub-section (1), the Administrative Special
Judge (Rent) of the area or the district may take cognizance of the case or entrust the
same to any other Special Judge (Rent).
(3) An application under sub-section (1) shall contain a concise statement of
facts, the relief claimed and shall be accompanied by copies of all relevant documents
in possession of the applicant.
(4) If the application is for eviction of a tenant, the landlord shall submit his
affidavit and affidavits of not more than two witnesses along with the eviction
application.
APPEARANCE BEFORE RENT
TRIBUNAL
21. Appearance of parties and consequences of non-appearance.– (1) If an application under this Act
other than application for deposit of rent is filed, the Rent Tribunal shall issue notice to the respondent in the
form prescribed in the Schedule, for appearance of the respondent on a date not later than ten days through
process server, registered post acknowledgement due and courier service.
(2) A notice under sub-section (1) shall be accompanied by copies of the application and the
documents annexed with the application.
(3) If the respondent fails to appear and the Rent Tribunal is satisfied that–
(a) the notice has not been served on the respondent or the respondent is willfully avoiding
the service of the notice, the Rent Tribunal may direct service of the notice by:
(i) affixing a copy of the notice at some conspicuous part of the rented premises or
residence of the respondent; or
(ii) publication in the press, electronic media or any other mode; and
(b) the notice has been served, the Rent Tribunal may proceed ex-parte and pass the final
order.
CONTINUE…..
(4) If an ex-parte order is passed against a respondent, the respondent may, within ten
days from the date of knowledge, apply to the Rent Tribunal for setting aside the ex-
parte order along with an application for leave to contest.
(5) If the respondent shows a sufficient cause for his non appearance, the Rent Tribunal
may set aside the ex-parte order on such terms as it may deems fit.
(6) The parties may appear in person or through a recognized agent in the Rent
Tribunal.
(7) If on a date fixed, the applicant fails to appear, the Rent Tribunal may dismiss the
application.
(8) If an application has been dismissed in default of the appearance of an applicant and
an application for restoration of the same is made within thirty days of the dismissal order,
the Rent Tribunal may restore the application on such terms as it may deem appropriate.
SECTION 21 AND ARTCILE
10-A OF CONSTITUTION
Civil rights of both the parties
Advancement of justice
Proper hearing to both the parties
Principles of natural justice
RIGHT TO DEFEND
22. Leave to contest.– (1) A Rent Tribunal shall not allow a respondent to defend the application
unless he obtains leave to contest.
(2) Subject to this Act, a respondent shall file an application for leave to contest within ten
days of his first appearance in the Rent Tribunal.
(3) An application for leave to contest shall be in the form of a written reply, stating grounds
on which the leave is sought and shall be accompanied by an affidavit of the respondent, copy of all
relevant documents in his possession and, if desired, affidavits of not more than two witnesses.
(4) The Rent Tribunal shall not allow leave to contest to a respondent unless the application
discloses sufficient grounds for production of oral evidence.
(5) The Rent Tribunal shall decide the application for leave to contest within a period of
fifteen days from the date of its filing.
(6) If the leave to contest is refused or the respondent has failed to file application for leave to
contest within the stipulated time, the Rent Tribunal shall pass the final order.
WRITTEN REPLY
23. Written reply.– If the leave to contest is granted, the Rent Tribunal shall treat the
application for leave to contest as a written reply.
PAYMENT OF RENT DURING
PROCEEDINGS
24. Payment of rent and other dues pending proceedings.– (1) If an eviction application is filed, the
Rent Tribunal, while granting leave to contest, shall direct the tenant to deposit the rent due from him
within a specified time and continue to deposit the same in accordance with the tenancy agreement or as
may be directed by the Rent Tribunal in the bank account of the landlord or in the Rent Tribunal till the
final order.
(2) If there is a dispute as to the amount of rent due or rate of rent, the Rent Tribunal shall
tentatively determine the dispute and pass the order for deposit of the rent in terms of sub-section (1).
(3) In case the tenant has not paid a utility bill, the Rent Tribunal shall direct the tenant to pay the
utility bill.
(4) If a tenant fails to comply with a direction or order of the Rent Tribunal, the Rent Tribunal
shall forthwith pass the final order.
EVIDENCE
25. Recording of evidence.– (1) At the time of grant of leave to contest, the Rent Tribunal shall
direct a party to produce his evidence on a date fixed.
(2) The Rent Tribunal shall treat an affidavit filed by a party as evidence and–
(a) may, of its own motion, order the attendance of deponent for cross examination; and
(b) shall, if so requested by a party, direct production of the deponent for cross
examination.
(3) The Rent Tribunal shall not grant more than two opportunities to a party for production of the
evidence.
(4) The Rent Tribunal shall not grant an adjournment for cross examination of a witness except
for a sufficient cause and on payment of the costs to the witness as it may deem fit.
(5) After recording the evidence of the parties, if any, and hearing the arguments, the Rent
Tribunal shall pass the final order.
POWERS OF RENT
TRIBUNAL
26. Rent Tribunal to exercise powers of Civil Court.– (1) A Rent Tribunal may
exercise the powers of a Civil Court to enforce the attendance of a person, compel the
production of evidence, inspect a premises or issue commission for examination of a
witness or local inspection.
(2) A proceeding before a Rent Tribunal shall be deemed to be judicial
proceedings and the Rent Tribunal shall be deemed to be a Civil Court within the
meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860)
and sections 476 and 480 of the Code of Criminal Procedure, 1898 (Act V of 1898).
(3) A Rent Tribunal may pass an interlocutory order at any stage of a proceeding
before the final order.
PERIOD FOR DISPOSAL OF
APPLICATION
27. Period for disposal of application.– (1) The Rent Tribunal shall pass a final
order on an application as expeditiously as possible but not latter than four months
from the date of filing of the application.
(2) If the final order is not passed on an application within the period of four
months, the Rent Tribunal shall conduct the proceedings on day to day basis.
APPEAL
28. Appeal.– (1) A person aggrieved by a final order may, within thirty days, prefer an appeal in writing to the
District Judge of the district.
(2) No appeal shall lie against an interlocutory order passed by a Rent Tribunal.
(3) If an appeal under this section is preferred, the District Judge may hear and dispose of the same or entrust
it for disposal to an Additional District Judge of the district or the area.
(4) The District Judge or the Additional District Judge may, after providing an opportunity of hearing to the
appellant, dismiss the appeal without notice to the respondent.
(5) The District Judge or the Additional District Judge may, where the circumstances so require, suspend the
operation of the final order.
(6) The District Judge or the Additional District Judge may exercise any or all the powers of a Rent Tribunal
under this Act.
(7) The District Judge or the Additional District Judge shall decide an appeal within a period of two months
from the date of filing of the appeal.
(8) No appeal shall lie against an order passed by a District Judge or an Additional District Judge under this
Act.