Tenants rent COVID-19 -entitled to stop paying rent, because of his inability to use the premises during the COVID-19 lockdown?
RERA Licensed Real Estate Agent in Hyderabad
Tenants rent in the current COVID-19-induced nationwide lockdown has been in continuance for 60 days and counting. This is certainly an unprecedented situation that we all have seen, till date. The economic impact of the Coronavirus pandemic, has forced all business houses, big or small, to look at ways to save costs. Rent occupies a fair share of the business cost. It pinches even more, when one is required to pay rent for space which is not being physically used. It, therefore, needs to be understood if, as a matter of right, tenants can suspend rent for the period when the premises remain inaccessible.
Although there are several Supreme Court and High Court judgments, which lay down the position of law on contingent contracts under Section 32 of the Indian Contract Act, 1872, (ICA) and frustration of contracts / impossibility of performance, as summarised under Section 56 of the ICA and Section 108 of the Transfer of Property Act, 1882 (TOPA), most still find it difficult to understand the scope and correlation of these provisions of law.
Delhi High Court judgment on payment of rent during COVID-19
In the case of Ramanand and Ors (RC. REV. 447/2017 Ramanand and Ors v. Dr Girish Soni and Anr), the order passed by the Delhi High Court on May 21, 2020 (Order), pools in jurisprudence of the past and brings about clarity on the question of whether the present lockdown would entitle tenants to claim waiver, or seek exemption from payment of rent. The position that the current situation cannot be viewed under a common lens, has been fortified by the Order.
A business can seek suspension of the rent payable on a premise, only if such situations are explicitly provided for in the rental/lease agreement.