Section 21(2)(a): Both Parties Failed to Sign — and the Tenant Paid the Price

In most rental disputes, the blame falls clearly on one side. But what happens when both the landlord and the tenant failed to do what the law required — and the tenant ends up bearing the consequences? That is exactly what the Madras High Court addressed in S.R. Venkatesh v. R. Jayakumar.

This case is particularly instructive because it shows that under the TN Tenancy Act 2017, the failure to execute a written agreement is a shared legal obligation — but the tenant is the one who faces eviction when that obligation goes unmet.

What Happened

Neither the landlord nor the tenant had taken steps to formalise their tenancy arrangement in writing after the TN Tenancy Act came into force. The landlord eventually filed for eviction under Section 21(2)(a), citing the tenant's failure to enter into a written agreement. The Madras High Court upheld the eviction.

The key finding: even though both parties were technically at fault for not executing the agreement, it was the tenant who faced the legal consequence — loss of the property. Under the Act, the landlord retains the right to seek eviction for non-execution, regardless of their own delay in demanding the formalisation.

What Went Wrong Legally

The TN Tenancy Act places primary compliance pressure on both parties, but the eviction remedy under Section 21(2)(a) is available to the landlord — not the tenant. This asymmetry means a landlord who delays in formalising the agreement can still use that delay against the tenant later. For tenants, this is a critical and overlooked risk of informal verbal tenancies in Tamil Nadu.

How a Proper Agreement Prevents This

Tenants in Tamil Nadu must understand: the absence of a registered rental agreement is a risk that hurts you more than the landlord. Push for a written agreement at the start. If your landlord won't provide one, create one together — it takes 10 minutes and protects you both.

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