No Written Tenancy Under Section 4(2): The 2025 Madras HC Ruling You Must Read

As recently as 2025, Chennai landlords are still fighting in the Madras High Court over the same fundamental issue: the absence of a written tenancy agreement as required by Section 4(2) of the TN Tenancy Act 2017. The case of Mrs. Vasantha Devi Purohit vs. Krishna Baskar is the most recent entry in this long line of preventable disputes.

Six years after the Act came into force, the courts are still adjudicating disputes that stem from landlords and tenants who simply never formalised their arrangement. This is not a historical problem — it is happening right now, in 2025.

What Section 4(2) Requires

Section 4(2) of the TNRRLTA 2017 mandates that every tenancy be governed by a written agreement. This is not optional guidance — it is a legal requirement. The written agreement must specify the rent amount, deposit, duration, and notice period. Without it, neither party has legally verifiable terms to rely on in court.

In the Mrs. Vasantha Devi Purohit case, the absence of this written agreement formed a central ground of the dispute before the Madras High Court. The landlord could not prove the agreed rent, deposit amount, or notice period — because there was no document that established any of these terms.

What Went Wrong Legally

When there is no written agreement, proving the terms of the tenancy becomes a he-said- she-said dispute. Courts must rely on secondary evidence — bank transfers, receipts, WhatsApp messages — which is unreliable and inconclusive. The party with better records wins, not necessarily the party who is right. This is the core legal risk of verbal tenancy arrangements in Tamil Nadu.

How a Proper Agreement Prevents This

A properly drafted rental agreement for Tamil Nadu specifies every material term in writing — rent, deposit, duration, notice period, maintenance responsibilities, and termination conditions. When a dispute arises, the document speaks for itself. No courtroom argument about what was "agreed verbally" is needed.

Related Cases

• Verbal Deal, Disputed Terms: Santhanakrishnan's Expensive Lesson →
• Selvakumar vs. Rajeswari: When a Landlord Can't Prove Basic Rent Terms →