I have a house in india and tenant is renting that house. We have legal agreement for 11 months. I have a borewell in that house's compound. And tenant is using it because it is a part of our house. But we have not specified anything about the borewell in our rental agreement. Now that borewell is not functioning and requires repair. Who is liable for that repair-tenant or me. We let the tenat use it on courtasy bases and now tenant is forcing me to repair it at the earliest. But we have an estimation and it is big amount of money and I do not want to repair righ now as my financial situation is little tight. Please help as soon as possible.
16 April 2012
As the borewell is not the part of your rent agreement so you cannot be forced to repair it. In case tenant wants to use it, he is free to get it repaired and use. You are legally not liable to bear the cost of repair.
18 March 2014
SIMPLY FOR DISCUSSION: 1. IF the tenanted house is being provided Water, from Municipal pipe-lines, THEN the Land-Lord is lawfully not bound to repair the Bore-Well, since the Bore-Well is an additional non-agreement amenity to the Tenant.
2. However if the tenanted House has no other Water source, EXCEPT the Bore-Well, then the Land-Lord is bound to repair the bore-well.