PROCEDURE FOR DEPOSIT OF RENT UNDER SECTION 21

 

⚖️ PROCEDURE FOR DEPOSIT OF RENT UNDER SECTION 21

📘 Governing Provisions:

• Section 21 of the West Bengal Premises Tenancy Act, 1997

• Rules 21 to 26 of the West Bengal Premises Tenancy Rules, 1999

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🧾 1. When Tenant Can Deposit Rent

A tenant may deposit rent with the Controller if:

1. The landlord refuses to accept rent tendered within the time fixed under Section 20; or

2. There exists a bona fide doubt regarding the rightful person to receive rent (e.g., dispute of ownership or succession).

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🧮 2. Time Limit for Deposit

• The tenant must deposit the rent within the time prescribed in Section 20, i.e.
  within the month following the month for which rent is due.

• Delay beyond this period may cause the deposit to be treated as invalid and may expose the tenant to default.

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🧾 3. Form and Manner of Deposit

Under Rule 22 of the 1999 Rules, the procedure is as follows:

(a) Form of Application

The tenant shall apply in Form F (as prescribed in the Schedule to the Rules).

The application must contain:

• Full name and address of the tenant;

• Description and address of the premises;

• Amount of rent, month(s) for which rent is being deposited;

• Name(s) and address(es) of landlord(s) or persons claiming to be landlord(s);

• Reasons for deposit (refusal to accept rent, or doubt about the recipient).

(b) Mode of Deposit

• The tenant must deposit the rent in cash or by postal order or by demand draft in favour of the Controller.

• The Controller issues a receipt in Form G.

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🏢 4. Notice to Landlord

Under Rule 23, the Controller shall:

• Send a copy of the application (Form F) to the landlord or to each claimant of rent,

• By registered post with acknowledgment due,

• Immediately after accepting the deposit.

This notice is essential to inform the landlord and prevent disputes.

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💰 5. Withdrawal by Landlord

As per Rule 24:

• The landlord may apply in Form H for withdrawal of the deposited rent.

• Upon satisfaction of entitlement, the Controller shall allow withdrawal and record the same in the register of deposits.

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📜 6. Record Keeping

Under Rule 25, the Controller must maintain:

• A Register of Rent Deposits (Form I), recording each deposit and withdrawal.

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⏳ 7. Forfeiture to the State

• If the landlord does not withdraw the rent within three years, the deposit is forfeited to the State Government under Section 21(5).

• After forfeiture, the tenant is still deemed to have validly paid rent for that period.

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⚙️ 8. Legal Effect

• As per Section 21(6):
  “The deposit of rent under sub-section (1) shall be deemed to be a payment of rent to the landlord in accordance with the provisions of this Act.”

Thus, a tenant making timely and proper deposits under Section 21 cannot be treated as a defaulter.

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📑 Illustrative Format of Application (Form F)

Form F
(See Rule 22)

Application for Deposit of Rent under Section 21 of the West Bengal Premises Tenancy Act, 1997

1. Name of tenant: ______________________

2. Address of tenant: ____________________

3. Description and address of premises: ____________________

4. Name and address of landlord(s): ____________________

5. Period/month(s) for which rent is deposited: ____________________

6. Amount of rent deposited: ₹ ___________

7. Reason for deposit: (Refusal of landlord / Doubt as to person entitled / Others – specify)

8. Mode of payment: Cash / Postal Order / Demand Draft No. ______ dated ______

Signature of Tenant
Date: __________
Place: __________