Form panel to fix house rent: HC

The High Court yesterday (Wednesday) directed the government to form a high-power commission within six months to fix area-wise house rent in the metropolitan areas and update the House Rent Control Act 1991. The court asked the cabinet secretary to form a seven-member commission.
In response to a writ petition filed five years ago, an HC bench, comprising Justice Mohammad Bazlur Rahman and Justice Md Ruhul Quddus, said the commission would be led by a legal expert nominated by the law ministry.
The other members of the commission should include a Dhaka University professor, who should be an expert on urban housing and planning, an economist, a representative of the civil society nominated by the housing and public works ministry, an NGO representative working on house rents and tenants’ problems and a DCC official nominated by mayors.
The HC order states that the commission would make recommendations to update the existing House Rent Control Act 1991 by holding public hearings attended by all stake-holders. It will also recommend the minimum and maximum house rents for the city and metropolitan areas on regional basis and the government should update the existing law following the commission’s recommendations.
The HC also asked the government to appoint a house rent controller in every ward all over the country to hear and dispose of allegations regarding house rent issues until the commission is formed.
The HC bench ordered the police to take steps regarding house rent-related complaints in all cities, including the capital Dhaka, and asked the officers-in-charge of all police stations to take steps so that no tenant is evicted by the landlord illegally and arbitrarily.
Human Rights and Peace for Bangladesh filed the petition in April 2010, seeking HC directives to the government for strict enforcement of the House Rent Control Act to prevent the capital's house owners from arbitrarily raising and taking advance rent.
The HC observed that the existing law is tenant-friendly, but tenants cannot seek any remedy before filing a complaint with a court of an assistant judge. Such an assistant judge acts as a rent controller. The court, in maximum cases, deals with commercial lease disputes, it added.
Advocate Manzill Murshid, counsel for the petitioner, expressed satisfaction with the HC verdict. “The door for settling disputes between landlords and tenants relating to house rent has been opened by the HC verdict. Now, the authorities would give a perfect solution to disputes of house rent.” He also supported the HC order for a separate body to control house rent in cities.
  “Due to poor enforcement of the Act, most landlords in Dhaka increase house rent every year as per their will, causing immense sufferings to thousands of people,” Murshid added.
  The DCC fixed house rents of its 673 areas under 10 regions as per the law enacted in the early 1990s. It is yet to review the rent structure, though the population, houses and cost of living have increased many times.
  According to the DCC rates, the rent in the Gulshan Avenue area is Tk. 15-18 per square feet, Tk. 14-16 per square feet in Banani, Tk. 11-11.50 in Mohakhali, Tk. 6.50-7 in Nakhalpara, Tk. 6 in Kalyanpur and Pallabi, Tk. 5-9 in Uttara, Tk. 5-6 in Shantibagh, Tk. 9 in Naya Paltan, Tk. 8.50-9 in Shantinagar and Tk. 8 in Jhikatola. However, tenants allege that landlords charge double the rates.
  For example, according to the DCC house rent rate chart, all residential apartments between roads 1 and 15 of the Dhanmondi residential area, and within 300 feet of the main street, can be rented for Tk. 12 to Tk 13. per square feet. However, the rent for most houses in the area range between Tk 20 and Tk 33 per square feet.

The rent for a 1,500-square-feet house on Dhanmondi Road 8 is between Tk. 36,000 and Tk. 40,000.
This includes an additional service charge of Tk 3,000 to 4,000, according to tenants of the area.
 On May 28, 2010, the HC issued a ruling, seeking an explanation within four weeks why the administration should not be directed to enforce the House Rent Control Act 1991 properly.
The HC concluded the final hearing on the rule in May 2013, but delivered its verdict yesterday, more than two years after concluding the hearing on the rule.

Form panel to fix house rent: HC

The High Court yesterday (Wednesday) directed the government to form a high-power commission within six months to fix area-wise house rent in the metropolitan areas and update the House Rent Control Act 1991. The court asked the cabinet secretary to form a seven-member commission. In response to a writ petition filed five years ago, an HC bench, comprising Justice Mohammad Bazlur Rahman and Justice Md Ruhul Quddus, said the commission would be led by a legal expert nominated by the law ministry. The other members of the commission should include a Dhaka University professor, who should be an expert on urban housing and planning, an economist, a representative of the civil society nominated by the housing and public works ministry, an NGO representative working on house rents and tenants problems and a DCC official nominated by mayors. The HC order states that the commission would make recommendations to update the existing House Rent Control Act 1991 by holding public hearings attended by all stake-holders. It will also recommend the minimum and maximum house rents for the city and metropolitan areas on regional basis and the government should update the existing law following the commissions recommendations. The HC also asked the government to appoint a house rent controller in every ward all over the country to hear and dispose of allegations regarding house rent issues until the commission is formed. The HC bench ordered the police to take steps regarding house rent-related complaints in all cities, including the capital Dhaka, and asked the officers-in-charge of all police stations to take steps so that no tenant is evicted by the landlord illegally and arbitrarily. Human Rights and Peace for Bangladesh filed the petition in April 2010, seeking HC directives to the government for strict enforcement of the House Rent Control Act to prevent the capitals house owners from arbitrarily raising and taking advance rent. The HC observed that the existing law is tenant-friendly, but tenants cannot seek any remedy before filing a complaint with a court of an assistant judge. Such an assistant judge acts as a rent controller. The court, in maximum cases, deals with commercial lease disputes, it added. Advocate Manzill Murshid, counsel for the petitioner, expressed satisfaction with the HC verdict. The door for settling disputes between landlords and tenants relating to house rent has been opened by the HC verdict. Now, the authorities would give a perfect solution to disputes of house rent. He also supported the HC order for a separate body to control house rent in cities. Due to poor enforcement of the Act, most landlords in Dhaka increase house rent every year as per their will, causing immense sufferings to thousands of people, Murshid added. The DCC fixed house rents of its 673 areas under 10 regions as per the law enacted in the early 1990s. It is yet to review the rent structure, though the population, houses and cost of living have increased many times. According to the DCC rates, the rent in the Gulshan Avenue area is Tk. 15-18 per square feet, Tk. 14-16 per square feet in Banani, Tk. 11-11.50 in Mohakhali, Tk. 6.50-7 in Nakhalpara, Tk. 6 in Kalyanpur and Pallabi, Tk. 5-9 in Uttara, Tk. 5-6 in Shantibagh, Tk. 9 in Naya Paltan, Tk. 8.50-9 in Shantinagar and Tk. 8 in Jhikatola. However, tenants allege that landlords charge double the rates. For example, according to the DCC house rent rate chart, all residential apartments between roads 1 and 15 of the Dhanmondi residential area, and within 300 feet of the main street, can be rented for Tk. 12 to Tk 13. per square feet. However, the rent for most houses in the area range between Tk 20 and Tk 33 per square feet. The rent for a 1,500-square-feet house on Dhanmondi Road 8 is between Tk. 36,000 and Tk. 40,000. This includes an additional service charge of Tk 3,000 to 4,000, according to tenants of the area. On May 28, 2010, the HC issued a ruling, seeking an explanation within four weeks why the administration should not be directed to enforce the House Rent Control Act 1991 properly. The HC concluded the final hearing on the rule in May 2013, but delivered its verdict yesterday, more than two years after concluding the hearing on the rule.