A petition in public interest has been filed before the Supreme Court seeking formulation of an appropriate scheme to support the Advocates and other professionals of the country for payment of their rent exclusively for the professional premises. The petition seeks exemption of advocates and other professionals from paying monthly rent of their office premises, and also that the national lock down period be treated as ‘Force Majeure’ period exempting all the advocates from paying rent during that period.
According to the petition, most of the professionals earn their income on a day to day basis, and not everyone in this country is privileged to have enough savings. Due to the lockdown and the courts being shut, the professional spaces like offices of advocates have been closed, and these people haven’t been able to earn any amount of during the lockdown period. The Government has not considered hardship and losses that have been caused to the Professionals due to the immediate lock down.
According to the petitioner, these professionals including advocates have to pay their clerks and other offices staff during the lockdown, considering which it is becoming very difficult for them to pay rent for their offices premises, forcing them to loan money in absence of any other government assistance.
The petition also points out that the Government of India through Ministry of Home through its order dated 29.03.2020 had directed all the Landlords not to collect any rent from the labours and students for one month, however no policy has formulated by the GOI to support the hardship to the professionals and especially lawyers. The Bar Council of Delhi had also written a letter to the Judges of the High Court of Delhi requesting for the waver of the rent for premises used for professional purpose by the advocates, but till date no such action is taken.
In the absence of a Force Majeure clause under the lease agreement, these people cannot claim frustration of contract and seek waiver of lease rental as consequence of a Force Majeure event, thereby forcing all the professionals and lawyers to pay the rent which will create huge hardship to the majority of advocates in the country along with the other professionals. Non payment of rent or invocation Force Majeure provisions in their lease agreements or any Unilateral decision may lead to termination of the lease agreement by the lessor for breach of the agreement.
According to the petitioner, the only solution to the current problem would either be a relaxation issued by the Government or a law declared by Supreme Court either for waiver or suspension of lease rentals during this period.
-India Legal Bureau