s.m.hanamshet 27 December 2015

Tenant getting minor repairs replasterring done

Tenant has an agreement with the land lord accoring to this the tenant has to keep the flat in good condition. The agreement is signed in 1975. Since then the minor repairs are carried out by the tenan only. Recentgly the plaster to the ceiling of the gallary which had loosened fell as such the tenant wanted to get the same replastered and had called the workers, but theland lord stopped the work saying that no permission had been taken from him. His son demanded rupees one lakh for the permission, whendenied, he said that he will never give permission and would make a case agasint the tenant that he has made the building dhokadaayak. He entered the premises and took some photos of the debiris fallen in the gallery. The tenant has lodged a N,C, against the land lord and his son for thretening and not allowing the repair work as per the agreement. The land lord has not carried out any repair work in the last 40 years. For everyminor work like drainage claring work by municipality he collects money. How can the tenant carry out the stopped repair work..

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5 Replies

saravanan s (legal advisor) 28 December 2015

what sort of agreement is that?is that a registered lease agreement or anything else

s.m.hanamshet 28 December 2015

The agreement is on stamp paper and is unregistered.

saravanan s (legal advisor) 28 December 2015

if its a lease agreement it needs to be compulsorily registered otherwise it is invalid

Kunal Shah 29 December 2015

True it is that a lease agreement for a period more than one year needs to be registered and the same would not be admissible as evidence but you would always be treated as tenant under month to month lease and as far as alterations are concerned you can try your luck with the unregistered document being used for collateral purpose.
Though terms of the lease are not collateral but still it can be turned your way.
That apart even if it does not go your way no need to worry, because then you can always rely upon Section 108 (f) of the Transfer of Property Act.
if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor;