REPAIRS OF PREMISES

S. 17-19
 Duties of Landlord (S. 17)
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 To keep the premises in “good and tenantable repairs”

- Repairs as shall keep the premises in the same condition in which it
was let out except for the normal wear and tear
- Subject to a contract to contrary!
- Repairs contemplated are: (See Part A, Schedule II)
1. Structural Repairs, except those necessitated by damage
caused by the tenant
2. Whitewashing of walls and painting of doors and
windows ONCE IN 3 yrs
3. Changing and plumbing pipes when necessary
4. Internal and external wiring and related maintenance.

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 If landlord neglects/fails to make these repairs-
without which premises are not habitable or
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useful:

Notice in Application to Opportunity of Order in LAWFUL for

writing to Rent Authority being heard to writing by Rent tenant to carry
landlord by tenant landlord Authority: repairs
Permit Tenant
• 3 months • To seek permission • Considering • Deduct cost of
to make repairs estimate of cost repairs from rent
HIMSELF • Inquiry or otherwise
• Amount not to
exceed ½ of rent
payable for that
year
• Remaining amount
= deducted or
recovered from rent
These provisions do not apply to a premises which: in subsequent years
1. AT the time of letting out was not habitable or useable +
tenant agreed to take in that condition (ESTOPPEL!)
2. It was caused to not habitable or useable by TENANT (U
can’t take the benefit of your own wrong)
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 Duties of Tenant (S. 18):
4

 To keep the premises in “good and tenantable repairs”

 Repairs contemplated are: (See Part B, Schedule II)
1. Changing of tap washers and taps
2. Drain Cleaning
3. Water Closet Repairs
4. Wash basin repairs
5. Bath tub repairs
6. Geyser repairs
7. Circuit breakers repairs
8. Switches and Sockets Repairs (But not electricity wiring!)
9. Repairs and replacement of electrical equipments except major internal and external wiring
changes
10. Kitchen fixtures repairs
11. Replacement of knobs and locks of doors, cupboards, windows etc.
12. Replacement of fly nets
13. Maintenance of gardens and open spaces let out to the tenant
14. Removal of plant growth from roof and walls
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 If tenant neglects/fails to make these repairs- without
which premises are not habitable or useful: 6o days!
5

Application to rent authority FOR PERMISSION to make repairs himself: landlord

Submit an estimate of cost to rent authority

Opportunity of being heard to tenant

Consideration of estimate + Inquiry

Order in writing: Permission

Lawful for landlord to make repairs and recover cost from tenant

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 Other duties of tenant:
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 To make good all damages caused to premises by his negligence

(U/S 18(4))
 To hand over possession of the premises on termination of
tenancy in the same condition, except for normal wear and tear ,
as it was when it was handed over to him at the beginning of
tenancy and
 To make good other damages except caused by
- War
- Act of God
- Disturbances
 Not to demolish WITHOUT PERMISSION OF LANDLORD any
improvement or alteration carried out by him in the premises or
remove any material used in such alteration or improvement, other
than any fixture of removable nature, OTHERWISE =DAMAGE

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 Rights of landlord:
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 U/s 18 (3): The right to enter and inspect the

premises but NOTICE must (Sch VI)

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 DUTIES COMMON TO BOTH LANDLORD AND TENANT:
NOT TO CUT OFF OR WITHHOLD ESSENTIAL SUPPLY OF
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SERVICES
 Under 1949 law, S. 10 was biased as it contemplated that
only landlord could interfere with the amenities enjoyed by
tenant and not vice versa so it forbade from doing certain
acts “Landlord not to interfere with the amenities enjoyed
by the tenant”
 but practical experience showed this provision was
exploited by tenants harassment of landlord
 So JNRUM model rent law provided that “Withholding of
essential amenities either by landlord or tenant subject to
heavy penalties.”
 Accordingly S. 19 forbids both the tenant and landlord.
 However word used in S. 19 is not “amenities” by essential
supply or service
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 Scope of S. 19
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 Applicable to both the landlord and tenant

 Prohibition to :
- Withhold or cut off “any essential supply or service”
- Includes supply of water, electricity, lights in passages and on staircases, conservancy
and sanitary service
- Without sufficient and Just cause
- supply or service is in relation to the premises let or under occupation
 Withholding or cutting off need not be directly but can be indirectly, by local
authority if attributable to landlord or tenant
 includes acts or commissions attributable to landlord or tenant  on account of which
essential supply or service is cut off by local authority or agency
 Upon contravention Application to Rent Authority  Order to restore the
amenities
 interim order can be passed without giving notice to the landlord or tenant as the
case may be (STAY!)
 Enquiry is time bound: within 30 days
 Compensation <= Rs. 1000
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 Indirect acts also covered:
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 Gubalchand Bhagirata v Emp, AIR 1948 Nag 414

 Landlord – MC: cut off water supply to the house let out
 MC complied
 Held to be withdrawal attributable to landlord

 Nisar Ahmed v Rent Controller, Kanpur, 1977 (1) RCJ

581
 Tenant did not pay Electricity Bill which he was supposed to
pay
 Bleshawar Ojha v State of W.B, 1972 RCJ 57
 Tenant consumed electricity in excess than agreed
 If the landlord, in such situation, failed to pay the bill leading to
disconnection by the authorites, it could not be deemed to be
deliberate withdrawal of amenities by him.

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 Just and Sufficient Cause
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 Reasonable, proper or fair

 Non-payment of rent is NOT just and sufficient
cause bcoz there is a specific remedy for it
Eviction for non payment
 Narayanan v Appakutty, 1955-2 MLJ 31
 In a case where the tenant in occupation has infringed any
statutory rule or regulation such as electricity ration, lighting
restrictions, tempering with certain installations etc. which
makes the landlord liable to the authorities, the landlord will
be justified in cutting off the amenities.

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