Tenant’s Claim for Suspension of Rent Due to Lockdown Rejected – Delhi HC

22-05-2020

In an Application which raises various issues relating to suspension of payment of rent by tenants owing to the COVID-19 lockdown crisis and the legal questions surrounding the same the Delhi High Court ordered that the tenants cannot invoke Force Majeure and claim suspension of rent owing to the lockdown, they continue to occupy the rented space; some postponement or relaxation in the schedule of payment of rent can be granted owing to the lockdown.

The application sought a suspension of the direction passed by the HC in 2017 to pay rent at the rate of Rs 3.5 lakhs per month for a property in Khan Market, New Delhi as a condition for staying the eviction order passed by the Rent Controller Court. The applicant sought suspension of rent citing the COVID-19 lockdown.

The counsel for the tenant had sought a waiver of rent, or some partial relief such as postponement of payment, on the ground that the lockdown has caused serious damages to the business.

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