I have been residing in a first-floor flat in Bagbazar as a tenant for the last 30 years. Now my landlady wants me to hike the rent of my flat as per the West Bengal Tenancy Act, 1997 (amended in 2002). Section 17 of the Act, which deals with fixation of rent, refers to Schedule II for measurement of area. This is termed as ‘premises having floor space’. Now my question is what does ‘premises having floor space’ exactly mean. Could you kindly clarify the following doubts:

(i) Does the measurement of the flat include the thickness of the flat?

(ii) Does floor space include proportionate share of the staircase/ common passage that we use?

(iii) What is the difference between ‘premises having floor space’ and carpet area of a flat?

A. Mitra,
17, Bagbazar Street,
Calcutta 700004

In Section 2(e) of the Tenancy Act, the word ‘premises’ has been defined. It is clear from the said definition that you are the tenant with respect to the portion let out separately to you. Floor space means the total floor area of the said portion. It does not include the staircase and/ or common passage. Carpet area means wall to wall area.