NPPF fines tenants for unlawfully occupying a flat

Samdrupjongkhar thromde dispute settlement committee has decided to impose a fine on two tenants staying at the National Pension and Provident Fund (NPPF) housing colony unit for unlawfully occupying the unit on sub-lease.

The resolution was passed on April 10 after the NPPF official submitted a petition to the thromde against the two tenants. According to the resolution, the petition stated that one of the tenants had sublet his rental unit to another sub-tenant without informing the NPPF.

This, according to the NPPF rule, was a breach of rental agreement. The NPPF official after finding out notified the sub-tenant to vacate the unit several times. Despite several notices the tenant did not vacate the flat.

It was found that the tenant was guilty of breaching the agreement by unlawfully sub-leasing the rental unit, violating section 121 of the Tenancy Act of Bhutan 2015. The tenant was asked to surrender the unit, which he failed to do so.

The Act states that the tenant who sub-leases a rental unit in violation of the terms of the agreement shall be liable for a fine equivalent to two months’ rent. The sub-tenant shall be evicted and the tenant shall refund to the owner if any rent in excess of the original agreed rent is collected from the sub-tenant.

The committee in line with section 121 imposed a fine of Nu 4,980 to the tenant. The committee also imposed fine of Nu 4,890 to the sub-tenant for unlawful occupying the unit as per the section 116 and for failing to evict the unit deliberately despite reminders.

The resolution mentioned that the committee has decided to give two months time, until June 10 to the sub-tenant to vacate the unit. The committee stated that as per section 125, if a tenant or owner fails to pay any fines or rental dues as required by the dispute settlement committee after a resolution is passed, a penalty of 24 percent per annum would be liable.

The committee also said that both the tenant and the sub-tenant may directly appeal to court within 10 working days after a resolution is passed, if they are not satisfied with the decision.

Yangchen C Rinzin | Samdrupjongkhar

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