Cutting off water services
Querist :
Anonymous
(Querist) 27 November 2020
This query is : Resolved
Could a landlord stop water supply, legally, in case the tenant 'disappears suddenly' and sublets the premises, without the consent of the landlord ? The jurisdiction is in Kolkata, West Bengal.
Isaac Gabriel
(Expert) 27 November 2020
Arbitrarily disconnecting is against law. Are you having agreement for renting the premises? If so consult local lawyer for initiating legal action.
Guest
(Expert) 27 November 2020
Agree with Advocate Mr.Isaac Gabriel
Hemant Agarwal
(Expert) 27 November 2020
1. IF the so called Sub-Tenant is a ILLEGAL occupant and can be classified as a Trespasser, THEN Land Lord may do all to keep out the illegal occupant which includes disconnecting Water /Electricity /whatever.... and further filing Criminal Case /Police FIR on such ILLEGAL occupant /Trespasser.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Advocate Bhartesh goyal
(Expert) 27 November 2020
No, Landlord can not legally disconnect or stop the water supply of rented premises despite of fact that tenant had sub-let the premises.Land lord has remedy to initiate eviction proceedings against tenant on ground of sub-letting but has no right to disconnect or stop water supply.Landlord has to seek permission from court to disconnect or stop the water supply in rented premises.
Guest
(Expert) 28 November 2020
Well Said by Advocate Mr.Bhartesh Goyal
Rajendra K Goyal
(Expert) 28 November 2020
Agree with the advice from expert Advocate Bhartesh goyal.
Querist :
Anonymous
(Querist) 29 November 2020
In this case, the original tenant is not being able to be contacted, as his mobile number is 24x7 unreachable. Since his financial position was constrained after the lockdown and recovery agents from Banks were visiting his place, he left Kolkata with his family on the pretext of visiting his native place. I do not have the address of his native place. In the agreement, the previous rented address is only mentioned. I had contacted the landlord of the premises where he was previously residing. Unfortunately, he could not provide me with the address of his native place. After some months he left my property, some other family has started to reside on the premises, claiming to be his cousin. He is lying that he does not his whereabouts. Now, whom should I serve the notice of eviction? Is the head of the family member, who is currently residing( I mean, the person who seems to be lying about his present whereabouts)?
Advocate Bhartesh goyal
(Expert) 29 November 2020
Although there is no necessity to serve legal notice to tenant before filling eviction suit against him still if you want to serve you can serve notice at last known address.You need not to serve legal notice to sub-tenant or any other person or family member of tenant.
Dr J C Vashista
(Expert) 30 November 2020
Sub-letting demised premises without permission of landlord is illegal and landlord is well within his authority to remove tresspasser. illegal possesser, although supply of essential service is a coercieve action, which should have been avoided by landlord.
Consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
