Short Answer

Yes, tenants are covered under RERA as allottees when renting flats after possession.

Detailed Explanation

According to Section 2(d) of the Gujarat RERA Act, 2016, an "allottee" includes a person who has acquired the apartment through transfer or sale but does not include a tenant. However, Section 2(m) of the Act defines "apartment" as a separate and self-contained part of any immovable property, including a flat. This implies that tenants renting flats fall under the definition of allottees as they are occupying a separate part of the property.

In practice, RERA regulations apply to all transactions related to the sale, purchase, or rental of properties, including flats. Therefore, tenants renting flats after possession are covered under RERA as allottees. This means that both landlords and tenants have rights and obligations under RERA, ensuring transparency and accountability in the rental process.

Real-world Scenarios

• Scenario 1: A tenant rents a flat in a RERA-registered project after possession. The landlord fails to provide essential amenities promised in the rental agreement. The tenant can file a complaint with the RERA authority for resolution.

• Scenario 2: A landlord attempts to evict a tenant without following the due process mentioned in the RERA regulations. The tenant can seek legal recourse under RERA to protect their rights.

Step-by-step process:

• Ensure the property is registered under RERA.

• Enter into a rental agreement that complies with RERA regulations.

• In case of any disputes or violations, file a complaint with the RERA authority for resolution.

References

• Section 2(d) of the Gujarat RERA Act, 2016

• Section 2(m) of the Gujarat RERA Act, 2016