News: Can’t waive rent, landlords need money too: Delhi HC-19/06/2020
Updated On: Jun 19, 2020
Can’t waive rent, landlords need money too: Delhi HC
NEW DELHI: Tenants alone are not suffering from financial hardship, even landlords can be financially dependent on rent, Delhi high court has said, dismissing a plea that wanted a blanket waiver on payment of rent and protection from eviction during Covid-19 crisis. A bench of Chief Justice D N Patel and Justice Prateek Jalan noted that the court will be “extremely slow to interfere in contractual terms” between landlords and tenants, adding that waiver of rent cannot be granted by the court as payment of rent is based on a contract between tenant and landlord. “It ought to be kept in mind that the court cannot do charity at the cost of others. Charity beyond the law is an injustice to others. If the landlord is entitled to receive the rent/ consideration in accordance with law as per the contractual agreement entered between the parties concerned, then, the court cannot, by a general order of the nature sought by the petitioner, waive such amount,” the bench added, refusing to entertain a petition filed by a lawyer Gaurav Jain. Declining any relief, the court noted that “the petition proceeds on the presumption that tenants alone are suffering from financial hardship, or from the economic consequences of the pandemic and consequent lockdown. However, it ought to be kept in mind that even the landlords can be financially dependent on the rent.” The court underlined that “The powers/discretion for waiving off such consideration (rent) vests first with the landlords, who are contractually entitled to the same” and deprecated the petitioner’s conduct. The court imposed a cost of Rs 10,000 on Jain for “wasting judicial time” and said the plea was “thoroughly misconceived and baseless.”
