Ashish Gupta Explains How A Tenant Can Deduct Cost Of Repairs From Rent In Certain Cases

TENANT CAN RECOVER COST OF PROPERTY MAINTENANCE

Maintenance of property is important. A common point of dispute among many landlords and tenants is maintenance of a rented property. Usually, a lot depends on the mutual terms and conditions as agreed upon between the parties and laid down in the lease agreement. It is the responsibility of the landlord to ensure that the tenanted premises are habitable and safe. If need be, he should ensure that adequate repairs are undertaken.

In case a landlord is unable to do so or is unwilling to do so, his tenant may undertake these repairs. He needs to give proper notice to the landlord, specifically mentioning the nature of problem, the nature of inconvenience caused, safety hazards, and the necessary steps required to correct the problem. It should be mentioned that in case the landlord fails to undertake the repairs within a specified time, the tenant will have it done and will be eligible to recover the amount spent from the landlord - from the rent or otherwise.

However, it should be noted that this covers only repairs that are essential and urgent. It would not cover circumstances where the tenant wants some alterations or additions for his convenience. The essential test is the requirement to keep the premises safe, habitable and usable.

The Rent Control Acts of various States also provide some guidance to this effect. As per these Acts, a landlord has to keep the premises in good repair. Every landlord is bound to keep his premises in good and tenantable repairs. If a landlord neglects or fails to undertake any repairs which he is bound to within a reasonable time after notice in writing, the tenant may do so himself and deduct the expenses from the rent payable to the landlord. This is subject to the condition that any amount deducted or recoverable in any year will not exceed one twelfth of the rent payable by the tenant for that year.

In case repairs are to be undertaken, without which the property is not habitable or usable except with undue inconvenience, and the landlord neglects or fails to do so notice in writing, the tenant may apply to the rent controller under the Rent Act for permission to undertake the repairs himself. He should submit to the controller an estimate of the cost of such repairs too. The controller may give the landlord an opportunity of being heard. After considering the estimate of cost and making any inquires as he may consider necessary, the controller may by an order in writing permit the tenant to undertake the repairs. It will then be lawful for the tenant to undertake the repairs himself and deduct the cost. The costs can be recovered from the landlord. It cannot exceed the amount specified by the controller.

Courtesy: - Times Property dt-11-12-2010

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by: raj 02

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