The Mandatory Requirement Of Written Tenancy Act, 2017: Compliance And Challenges

Abstract

The enactment of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (TNRRRL Act) marked a significant paradigm shift in urban tenancy governance by replacing the archaic Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Central to this legislative reform is Section 4 of the Act, which mandates that every tenancy agreement—irrespective of the tenure or rental value—must be executed in writing and subsequently registered with the Rent Authority. This study examines the legal compliance framework established by the mandatory written requirement and analyzes the practical challenges encountered during its implementation. On the compliance front, the Act creates a centralized digital mechanism through the Rent Authority portal, compelling both residential and commercial tenancies to formalize terms regarding security deposits, maintenance responsibilities, and dispute resolution parameters. The law eliminates the traditional reliance on informal oral contracts or unregistered short-term leases (such as 11-month agreements) by rendering unregistered tenancy agreements legally unenforceable and inadmissible as evidence in Rent Courts. However, despite these procedural advances, major challenges persist. These include a widespread lack of legal awareness among informal urban tenants and small landlords, resistance to dual-registration burdens (under both the Rent Authority and the Indian Registration Act for longer leases), digital literacy barriers, and non-compliance driven by tax avoidance or fear of regulatory oversight. This paper evaluates the judicial interpretation of non-compliance under Section 4 and offers policy recommendations to streamline the digital registration infrastructure, enhance stakeholder awareness, and reconcile legal strictures with informal housing dynamics in urban Tamil Nadu.