Last updated: 18 October 2026
Short answer: In urban Uttar Pradesh, a tenancy must still be made by a written agreement, and where required (non-residential lets, and residential lets of twelve months or more) landlord and tenant must inform the Rent Authority within two months. The security deposit is still capped at two months’ rent for homes and six months’ rent for shops and offices. What changed on 21 August 2026 is that the Allahabad High Court struck down the parts of the 2021 tenancy law that let the Rent Authority revise rent and order eviction. So write the rent increase clearly into the agreement, end tenancies by notice under the Transfer of Property Act, and go to the competent court (not the Rent Authority) if a tenant refuses to leave.
What the High Court decided in August 2026
On 21 August 2026 a Division Bench of the Allahabad High Court decided a batch of writ petitions in Inder Bhushan Sawhney v. Kanchan Kumari Jain (Dead) and 2 Others, neutral citation 2026:AHC:177234-DB. As reported, the Court held:
- Sections 8, 9 and 10 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (rent payable, statutory revision of rent, and fixing of revised rent by the Rent Authority) are repugnant to the Transfer of Property Act, 1882 and void.
- The provisions allowing eviction by order of the Rent Authority are also repugnant to the Transfer of Property Act, which lists in section 111 the only ways a lease comes to an end.
- Sections 38 and 42 are ultra vires to the extent they override the procedure of the Provincial Small Cause Courts Act, 1887 read with the U.P. Civil Laws (Amendment) Act, 1972, because the State law did not receive Presidential assent under Article 254(2) of the Constitution.
- The rest of the Act was not struck down. The ruling operates from the date of judgment, the repealed 1972 rent Act revives only to the extent needed, and matters already concluded under the 2021 Act without challenge are protected.
Law in transition: reports available as on 18 October 2026 do not mention a stay by the Supreme Court. An appeal or an amendment by the State is possible, so check the current position before relying on any part of the 2021 Act in a dispute.
What still applies after the ruling
| Rule | Position as on 18 October 2026 |
|---|---|
| Written agreement (section 4) | Not struck down. No premises may be let except by a written agreement. |
| Information to the Rent Authority (section 4) | Not struck down. Inform within two months in the First Schedule form; if not done jointly, each party informs separately within a further month. Residential tenancies of less than twelve months need not be informed. |
| Security deposit (section 11) | Not struck down. Maximum two months’ rent for residential and six months’ rent for non-residential premises. |
| Rent and rent increase (sections 8 to 10) | Struck down. Rent is what the agreement says, and increases happen only as the agreement provides. |
| Eviction by the Rent Authority | Struck down. End the tenancy by notice or expiry under the Transfer of Property Act, then sue for possession in the competent court if the tenant does not leave. |
| Rent receipts, repairs, 24 hours’ notice before entry, no cutting off essential supplies | Not reported struck down. Follow them; they are also good practice. |
Registration, the 11 month practice and stamp duty
Under section 107 of the Transfer of Property Act and section 17(1)(d) of the Registration Act, 1908, a lease from year to year, for more than one year, or reserving a yearly rent must be registered. An 11 month agreement with monthly rent falls outside these provisions, which is why it is so common. An unregistered document that needed registration cannot be used as evidence of the lease (section 49 of the Registration Act), and the tenant is then treated as a month to month tenant.
Stamp duty is separate from registration. Even an 11 month agreement must be stamped at the rate fixed by Uttar Pradesh, usually through an e-stamp certificate. On 19 November 2025 the State notified a six month provisional remission capping stamp duty on lease deeds by average annual rent and term (for example, Rs 500 for a term up to one year where the average annual rent is up to Rs 2 lakh). Check with the Sub-Registrar or the UP Stamp and Registration Department whether that remission, or a replacement, applies on the day you sign.
Rent agreement format: the clauses that matter now
| Clause | What to write | Why it matters after the ruling |
|---|---|---|
| Parties and premises | Full names, parentage, addresses, last four digits of Aadhaar, exact description of the premises with fittings | Identifies the tenancy for the Rent Authority intimation and any later suit |
| Term | Start date and term (for example, 11 months), with renewal by fresh agreement | Fixes when the lease ends by efflux of time under section 111 TPA |
| Rent and due date | Monthly rent, due date, bank account, late fee | The agreement is now the only source of the rent |
| Rent increase | A fixed percentage on renewal, for example “rent shall increase by [5] per cent on each renewal” | Statutory revision by the Rent Authority is gone; without this clause there is no automatic increase |
| Security deposit | Amount (within the cap), refund within a fixed number of days of handing over vacant possession, permitted deductions | Section 11 cap still applies |
| Notice to end | One month’s written notice by either side; lock-in, if any | Without a clause, section 106 TPA gives 15 days’ notice for a month to month tenancy |
| Use and occupants | Residential only, names of family members, no sub-letting without written consent | Breach of an express condition can support forfeiture under section 111(g) TPA if the agreement provides for re-entry |
| Repairs and utilities | Minor repairs by tenant, structural by owner; who pays electricity, water, maintenance | Avoids disputes over deductions |
| Entry and inspection | 24 hours’ written notice, daytime | Matches section 17 of the 2021 Act |
| Rent Authority intimation | Both parties will jointly inform the Rent Authority within two months (if the tenancy is twelve months or more, or non-residential) | Section 4 still applies |
Free sample: two clauses to add to any UP rent agreement
Rent increase. The monthly rent shall be increased by [five] per cent on each renewal of this agreement. No other increase shall be made during the term except by a written agreement signed by both parties.
Termination and handing over. Either party may end this tenancy by giving one month’s written notice to the other. On the expiry of the term or of the notice, the Tenant shall hand over vacant and peaceful possession of the Premises with all fittings listed in the Schedule, and the Landlord shall refund the security deposit, after lawful deductions shown in writing, within [15] days of receiving possession.
Need the complete, editable set? The Lexfolio Rent Agreement Set has an 11 month residential agreement in English and Hindi, a tenancy agreement under the U.P. 2021 Act with the First Schedule intimation, a commercial lease, a leave and licence format, a tenant verification sheet, a handover inventory and a notice to vacate, all revised after the August 2026 judgment.
Ending a tenancy and evicting a tenant now
- Check the agreement for the notice period and any lock-in.
- Serve written notice under section 106 TPA (15 days for a month to month tenancy unless the agreement says otherwise), signed and sent by post or delivered, or let the fixed term expire.
- If the tenant does not leave, file a suit for possession and arrears in the competent court, following the Small Cause Courts procedure as applied in Uttar Pradesh. After the ruling, the Rent Authority can no longer order eviction.
- Never use force, change the locks or cut off water or electricity. That can expose you to civil and criminal liability.
A landlord’s suit for possession must be filed within 12 years of the tenancy ending (Article 67, Limitation Act, 1963), and arrears of rent within three years of each arrear falling due (Article 52). For drafting the notice, see our legal notice guide.
Police verification of tenants
Many districts issue orders under section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requiring landlords to give tenant details to the police. Disobeying such an order can be prosecuted under section 223 of the Bharatiya Nyaya Sanhita, 2023. In Uttar Pradesh tenant verification can be done through the UPCOP app; keep the acknowledgement. If the tenant needs proof of address for Aadhaar, a bank or utilities, see our guide on the affidavit for address proof.
Checklist before signing
- Written agreement in duplicate, signed by both parties and two witnesses.
- Correct stamp duty paid by e-stamp in the name of one of the parties.
- Rent, increase, deposit, notice period and lock-in written clearly.
- Deposit within two months’ rent (residential) or six months’ rent (non-residential).
- Inventory and meter readings signed at handover, with photographs.
- Rent Authority informed within two months where required.
- Police verification done and acknowledgement kept.
Signing a tenancy this month? The Rent Agreement Set gives you UP-ready agreements with the post-ruling rent and termination clauses already drafted, plus the forms you need at handover.
Frequently asked questions
Is an 11 month rent agreement valid in Uttar Pradesh?
Yes. It must be in writing and properly stamped. A residential tenancy of less than twelve months does not have to be informed to the Rent Authority.
Can a landlord increase rent every year in UP?
Only as the agreement provides. After the August 2026 ruling, the statutory revision and the Rent Authority’s power to fix revised rent no longer apply.
What is the maximum security deposit in UP?
Two months’ rent for residential premises and six months’ rent for non-residential premises (section 11), which was not struck down.
Can the Rent Authority still evict a tenant?
No. The High Court struck down eviction by order of the Rent Authority. The landlord must end the tenancy under the Transfer of Property Act and sue for possession in the competent court.
Do I need to register a rent agreement in UP?
Registration is compulsory for a lease of more than one year, from year to year, or reserving a yearly rent. An 11 month agreement need not be registered but must be stamped.
Has the Supreme Court stayed the High Court judgment?
No stay had been reported as on 18 October 2026. Check for any later order before relying on the position described here.
*This article is general information, not legal advice.*