The Allahabad High Court has ruled that the rent authority's jurisdiction under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, is not barred even in the absence of a written tenancy agreement or the failure to furnish tenancy particulars. Justice Rohit Ranjan Agarwal delivered the judgment on December 16, 2025, while hearing a batch of six connected matters.
The court addressed the issue of whether the rent authority, as constituted by the 2021 Act, has the jurisdiction to entertain applications filed by landlords seeking eviction of tenants in cases where a tenancy agreement was not executed, or where the landlord failed to file particulars of the tenancy with the authority. The High Court clarified that the Act's intent is to facilitate swift resolutions in landlord-tenant relationships, even without rigid formalities.
Justice Agarwal stated that the jurisdiction of the rent authority under the 2021 Act cannot be limited to cases involving written agreements that have been communicated to the rent authority. He further noted that Section 4 of the Act does not restrict the rights of parties who acknowledge the landlord-tenant relationship. The court emphasized that the legislature's intention should not be determined based on a single provision but should consider other sections, the context, and the subject matter of the provision.
The High Court highlighted that the Uttar Pradesh legislature consciously omitted "fatal consequences" that were present in the Central Model Tenancy Act. This ensures that landlords are not deprived of their right to seek eviction due to technical documentation failures. The court also declared the intimation requirement under Section 4 as directory rather than mandatory, preventing procedural obstacles from frustrating substantive rights.
The ruling addressed conflicting interpretations from lower courts, ensuring that landlords can seek eviction on grounds such as bona fide need or default, even in cases of oral or pre-Act tenancies. The decision is expected to impact thousands of pending eviction suits and applications across Uttar Pradesh. The 2021 Act aims to balance the rights of both owners and tenants while promoting ease of doing business in urban rentals.
The court noted that the 2021 Act gives the rent authority jurisdiction to hear petitions from landlords for eviction, rent recovery, and damages but does not give the authority the power to hear suits for injunctions filed by a tenant against dispossession outside of the law. Therefore, civil courts still have jurisdiction to hear injunction suits, even after the enactment of the 2021 Act.
In conclusion, the Allahabad High Court has affirmed that the absence of a written tenancy agreement does not bar the rent authority from exercising its jurisdiction in eviction matters under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021.
