1. Irrespective of the contents of section 107 of the Transfer of Property Act, 1882 , no person can let or take on rent any premises except by an agreement in writing.
2. Every agreement referred to in sub-section (1) or which is required to be registered under sub-section (3) must be registered under the Registration Act, 1908. This has to be done within a period prescribed under section 17 of the said Act.
3. There could be cases where a tenancy was created before the commencement of this Act. In such cases, the following is to be done —
(a) when an agreement in writing was entered into but was not registered under the Registration Act, 1908 , the landlord and the tenant must jointly present a copy of the agreement for registration before the registering officer;
(b) when no agreement in writing was executed, the landlord and the tenant must enter into an agreement in writing and present the same for registration before the registering officer.
If the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b), the landlord and the tenant must separately file the particulars about the tenancy with the relevant authority. It must be in the form, the manner and the period that is prescribed.