Kerala Rent Control Law: From 1965 to the Model Tenancy Act Debate

Ashraf Gents Hostel

Key facts

The Kerala Buildings (Lease and Rent Control) Act, 1965 is Act 2 of 1965 and is deemed to have come into force on 1 April 1965, according to its published text.
The Act’s text says it was “enacted by the President”, not by the Kerala Legislative Assembly.
PRS Legislative Research’s copy of the Act lists amending Acts 7 of 1966, 2 of 1973 and 16 of 1974.
The Act’s definition of “building” excludes “a room in a hotel or boarding-house”.
The Union Cabinet approved the Model Tenancy Act on 2 June 2021 for circulation to states and union territories; it binds a state only if that state adopts it.

Front of the Ashraf Gents Hostel building with its upstairs balcony and green shade net, Kalamassery. See all hostel photos

Before 1965

Kerala had a rent-control law before the current one. Legal databases list a Kerala Buildings (Lease and Rent Control) Act, 1959, amended in 1961 to cover fittings attached to buildings. Like rent laws elsewhere in India, these early statutes were meant as temporary measures for a housing shortage. They became permanent because the shortage did not go away. We have not been able to read the 1959 text itself, so we do not describe its provisions.

The 1965 Act

The 1965 Act, Act 2 of 1965, opens with the words “Enacted by the President in the Sixteenth Year of the Republic of India”. Laws are made this way only when a state has no functioning legislature. It is deemed to have come into force on 1 April 1965. Its stated purpose is “to regulate the leasing of buildings and to control the rent of such buildings”. It does not cover the whole state automatically. It applies to the areas in its Schedule, and the government can extend it by notification, but only with a resolution from the local authority concerned.

The machinery it set up is still recognisable in Kerala courts today:

Rent Control Court (section 3), which can fix a fair rent for a building on application by the tenant or the landlord (section 5), with limits on later increases (section 6).
Accommodation Controller, an officer who handles notices about vacant buildings and allotments.
No premium or extra payments above the fair or agreed rent, except an advance of up to one month’s rent in the cases section 8 covers. Any stipulation that breaks this is void.
Receipts for rent (section 9), and the right to deposit rent with an authority or court if the landlord cannot be traced or ownership is disputed (section 10).
Eviction only on stated grounds (section 11), including arrears of rent, sub-letting without consent, the landlord’s bona fide need for own occupation, and the tenant not occupying the building for six months without reasonable cause.

The definition of “building” in section 2 expressly excludes “a room in a hotel or boarding-house”. Whether a particular hostel or PG bed falls inside or outside the Act is a legal question about the facts. This page describes the history and is not legal advice.

Timeline

Date	What happened	Source
1959 / 1961	Earlier Kerala Buildings (Lease and Rent Control) Act, 1959; amended in 1961	Legal database listing (LegitQuest)
1 April 1965	Kerala Buildings (Lease and Rent Control) Act, 1965 (Act 2 of 1965) deemed in force	Act text (PRS / India Code)
1966	Amending Act 7 of 1966	PRS copy of the Act
1972–73	Amendment Act 1972 (Act 2 of 1973): registered-notice step before eviction for sub-letting; appeal to the District Collector against Accommodation Controller orders	PRS copy of the Act
1974	Amendment Act 16 of 1974 adds section 11A: fast-track eviction for members of the Armed Forces	PRS copy of the Act
2019	Union government releases a draft Model Tenancy Act	Press coverage (LiveLaw, Cyril Amarchand Mangaldas blog)
2 June 2021	Union Cabinet approves the Model Tenancy Act for circulation to states	Cyril Amarchand Mangaldas blog
October 2026	We found no Kerala enactment adopting the Model Tenancy Act	Our searches of news and statute databases

The 1970s amendments

Two amendments show what was contested in those years. The 1972 Amendment Act (Act 2 of 1973) said a landlord could not apply to evict a tenant for sub-letting the first time without first sending a registered notice and giving the tenant 30 days to end the sub-lease. It also let either side appeal an Accommodation Controller’s order to the District Collector. The 1974 Amendment (Act 16 of 1974) added section 11A, a fast track for members of the Armed Forces, or their families, who needed their own house back. The Rent Control Court is to decide these cases within about a month, and possession follows within 15 days of the order. That clause has some local resonance in an area shaped by the Naval Armament Depot.

The Model Tenancy Act and Kerala

The Model Tenancy Act was approved by the Union Cabinet on 2 June 2021 after a draft in 2019. It proposes a written tenancy agreement registered with a Rent Authority, a three-tier dispute system (Rent Authority, Rent Court, Rent Tribunal), and security deposits capped at two months’ rent for homes and six months’ for commercial premises. It would apply only to tenancies made after a state adopts it. Land and urban development are state subjects, so it is a model and not binding.

Kerala’s position has mostly been one of inaction rather than a public decision. Our searches of news archives and statute databases in October 2026 found no Kerala Act adopting the Model Tenancy Act and no replacement for the 1965 Act. Court reports show the 1965 Act still being applied in eviction cases. If Kerala acts, this page will be updated. Our practical guide to advances, deposits and agreements explains what this means for a tenant today.

Why this history matters near the NAD signal

Many people near the signal rent rooms, beds or small houses, so it helps to know that the main law dates from 1965 and that the national model law has not been adopted here. That is why written terms matter. Ashraf Gents Hostel, a men-only hostel and PG at Ashraf house, NAD Road, Kalamassery, publishes its own terms: one month’s advance (₹3,000), 30-day notice and a 30-day lock-in. Its public profile gives an indicative rent of about ₹2,000–3,000 per head per month, negotiable. Confirm it on +91 90746 23855 and see rooms. For context, read rents around Kalamassery over time, questions to ask before paying an advance and the Kalamassery history archive.

Frequently asked questions

Which law governs renting in Kerala?

The Kerala Buildings (Lease and Rent Control) Act, 1965 (Act 2 of 1965), deemed in force from 1 April 1965, together with general laws such as the Registration Act, 1908.

Has Kerala adopted the Model Tenancy Act?

As of October 2026 we found no Kerala law adopting it. The Model Tenancy Act, approved by the Union Cabinet on 2 June 2021, applies only where a state enacts it.

How much advance does the 1965 Act allow?

Section 8 lets a landlord receive an advance of up to one month’s rent in the cases it covers and makes contrary stipulations void. Whether it applies to a given room depends on the facts, so take legal advice if in doubt.

Does the 1965 Act cover hostel rooms?

Its definition of “building” excludes a room in a hotel or boarding-house. Whether a particular hostel or PG arrangement is covered is a legal question this page does not answer.

Why was the 1965 Act enacted by the President?

Its text says it was “enacted by the President”, which happens when a state legislature is not functioning. The Act does not explain this itself, so we do not add details.

Sources

Facts about Ashraf Gents Hostel come from the hostel’s own profile and photos; rates are indicative and confirmed on the call. Last reviewed 8 October 2026. How we write these guides: editorial notes. Map embeds © Google.

Cite this guide: Ashraf Gents Hostel. “Kerala Rent Control Law: From 1965 to the Model Tenancy Act Debate.” Published 8 October 2026. https://ashrafgentspghostel.adserr.com/kerala-rent-control-law-history/ Plain-text (Markdown) version · quoting with a link back is welcome.