Leave and licence agreement

Janhavi Mantri (Querist) 16 June 2021 This query is : Resolved
Dear Sirs,

I have given my apartment at Lower Parel on rent. In the bathroom there was a leakage in tap hence my tenant approached me for repair. I arranged a plumber and he got it repaired. It costed INR 70/- rupees. My tenant refused to pay. My question is who is suppose to bear wear and tear cost like this? My tenant is arguing with me that it does not come under wear and tear. It is not about money its about principle. Please advice.

Thank you!
Janhavi

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Quick Summary

This discussion clarifies responsibility for 'wear and tear' costs in a leave and licence agreement. Generally, landlords are responsible for keeping the property in habitable condition. However, if a defect like a tap leak arises after the tenant has taken possession and is due to normal usage, the tenant is typically liable for the repair cost. While the cost may be small, maintaining clear boundaries is advised to prevent tenants from exploiting such situations.

SHIRISH PAWAR, 7738990900 (Expert) 16 June 2021
Hello,

It is wear and tear cost but if it was leaking before handing over possession then you have to bear the cost.

In lower Parel minimum rent may be Rs. 25000/-. The issue is very small so ignore it. Incure the cost and close the issue.

Advocate Bhartesh goyal (Expert) 16 June 2021
Yes, I agree with expert SHIRISH pAWAR, after handing over possession to lessee if it started leakage then lessee has to bear expenses but it's not a big issue so close the issue by paying amount to plumber.

Janhavi Mantri (Querist) 16 June 2021
I don't mind paying. When I had handed over the flat the tap of in working condition. This has happened after 3 months. He was acting so funny. The tenant started showing me all the rules etc hence wanted to confirm. Thank you so much.

kavksatyanarayana (Expert) 17 June 2021
Ji, it is natural that some of the households get repairs. As you had given him on rent, it is your responsibility to get it to be repaired. The flat is yours. After his vacation, you will use it.

Dr J C Vashista (Expert) 18 June 2021
Very well analysed, opined and advised by experts, I agree.

You are liable/ responsible to keep the demised premises (your property in tenancy) in habitable condition, as part of lease and licence deed, even if it not covenanted.

T. Kalaiselvan, Advocate (Expert) 18 June 2021
You as a landlord is not responsible to get the defects rectified which are caused due to wear and tear.
The tenant should not be shown leniency over this even though it may be a very petty issue, because the tenant may take an advantage over this situation and can demand on other big issues or damages which were caused due to his irresponsible attitude or activity during the tenure of his tenancy.
As a landlord you maintain the conditions strictly and send the message that the tenant cannot take undue advantage citing irrelevant laws and that if he is not able to live in the premises by abiding with the conditions imposed, he is at liberty to vacate the premises by complying with the conditions of the rental agreement.
If you are strict with your tenant, you can properly maintain the cordiality between you and the tenant and the landlord -tenant relationship also may be very smooth till the tenant is vacating the premises on expiration of the rental agreement.

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