5) A landlord who wants to renovate the building may apply to the Rent Control Court for an order directing the tenant to permit the landlord to enter and carry out the renovation within a time to be fixed by the Court and the Court may issue such orders, as it deems fit, and the tenant shall be bound to abide by the orders of the Court.
6) A tenant whose building has been renovated under sub-section (5) shall be liable to pay enhanced rent so as to assure the landlord a rent equal to the rent for a similar building with similar amenities in the locality.
These two subsections are so closely inter-twined that it cannot be separated. The landlord, who wants to renovate the building, may file an application before the Rent Control Court for an order directing the tenant to permit the landlord to enter and carry out the renovation. The Rent Control Court can fix a time limit for such renewal. This clause specifically says that the tenant shall be bound to abide by such order. Sub section 11 (6) provides that the tenant whose building has been renovated under sub section 11 (5) shall be liable to pay enhanced rent so as to assure the landlord a rent equal to the rent for a similar building with similar amenities in the locality.
Landlord has to enter the premise so as to carry out the renovation. The possession is still with the tenant and there is no question of parting with the possession by the tenant. While the tenant is in possession the landlord can enter and carry out renovation work with his permission or as permitted by the court.[1] The words repairs, renovation and reconstruction have got well defined meaning so far as the Rent Control Act is concerned.[2]
Rented Building Owners Association Kerala 
You must be logged in to post a comment.