Are disputes between landlords and tenants arbitrable under Indian law? If yes, are all types of disputes arbitrable? Can arbitration clauses in lease agreements be enforced? After significant confusion and long-standing disputes around the arbitrability of tenancy matters, it may now be possible to answer some of these questions. In two judgments passed within a month, Suresh Shah v. Hipad Technology India Private Limited1 (“Suresh Shah”) and Vidya Drolia & Ors. v. Durga Trading Corporation2 (“Vidya Drolia II”), the Supreme Court has settled the dust on whether landlord-tenancy disputes under the Transfer of Property Act, 1882 (“TP Act”) are arbitrable under the Arbitration & Conciliation Act, 1996 (“Arbitration Act”).
Read moreDeposit Diaries: Is there a dispute?
Most landlords, tenants and indeed agents want tenancy disputes to be resolved quickly in order to avoid the need for court.
In the TDS Insured Scheme, before submitting a ‘dispute’, it is important that the member firstly ensures that the ‘dispute’ is eligible for Alternative Dispute Resolution (ADR). In some cases, there may not be a dispute at all; notification of proposed deductions to a tenant does not automatically give rise to a dispute. There must be a clear proposal of deductions set out and a clear rejection from the tenant. It is worth noting here, that any deadline given to a tenant when setting out a deduction proposal, while persuasive, is not compulsory. Once a member is satisfied that there is a dispute they must then:
Read moreArbitration and landlord-tenant disputes: What you need to know about the recent Supreme Court ruling
The Supreme Court has clarified that, unless it is specifically determined by a court of law that a landlord-tenant dispute cannot be referred to arbitration, an arbitration clause in an agreement shall be valid and fully enforceable.
Read moreNew Mexico Courts Expand Online Dispute Resolution To Landlord-Tenant Disputes Over Money Due
New Mexico courts are expanding a free Online Dispute Resolution (ODR) service to money due disputes in landlord-tenant cases, adding features such as text capabilities to make it more convenient for parties and mediators to use, and requiring plaintiff participation. Starting Dec. 14, a new version of ODR will be available for resolving debt and money due lawsuits and landlord-tenant disputes, such as when a residential or commercial property owner seeks to recover unpaid rent. Cases seeking evictions will continue to be handled in court, not through ODR.
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