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bharat khatwani (Querist) 29 May 2025 This query is : Resolved
What if you ask the tenant to pay the pending rent, and he suddenly sends you a letter demanding that you carry out major repairs? And when you ask related questions, he follows up by sending a legal notice demanding an amount equal to 30 years' rent—which he claims covers the repair expenses—and insists that you conduct the major repairs, otherwise he will hold you responsible for any accident

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A landlord is facing a situation where a tenant, after being asked to pay overdue rent, has demanded major repairs and sent a legal notice for a substantial sum. The discussion clarifies that tenants cannot claim reimbursement for repairs carried out without the landlord's prior permission. The landlord intends to respond by highlighting the tenant's failure to obtain consent, the suspicious timing of the repair demand, and the lack of evidence for the tenant's claims, while also considering legal defences such as limitation.

T. Kalaiselvan, Advocate (Expert) 29 May 2025
If ther is a default in rental payment you can very well issue a legal notice demanding him to vacate and deliver vacant possession and the reasons for vacating is wilful default in rental payment.
If at all he had carried repair works, then he should have obtained prior permission from the landlord and if the landlord refuses, then he has to vacate the premises instead of carrying out the repair works on his own and claiming the repair charges
You issue a legal notice demanding him to vacate immediately or to face the legal consequences and to his legal notice, you can deny the charges and issue a reply notice in which you insist on him to vacate the premises for having admittedly carried out the illegal repair works

Dr. J C Vashista (Expert) 01 June 2025
Claim for outstanding rent and amount spent on repair (if any) has to be dealt separately.
Issue notice for payment of outstanding amount, if the tenant fails to oblige, file a suit for recovery. Such tenant should be asked to vacate and handover peaceful vacant possession of the demised premises.
The amount stated to have been spent for repair of the rented property must have been permitted by the landlord before such repair was carried out. If no such intimation / permission was granted the tenant has to suffer and landlord cannot be held liable to reimburse / deduct from outstanding rent.

bharat khatwani (Querist) 04 June 2025
Dear J.C. Vashishtha Sir,

Thank you for your valuable insight that a tenant cannot recover repair expenses incurred without the landlord’s prior permission. Your comment helped me crystallize the key factual and legal points.

For my forthcoming reply to the tenant’s notice, I propose to emphasise the following:

Lack of Prior Permission

The tenant never sought or obtained my consent before undertaking the “cavity-filling” works. Under settled law, unauthorized repairs are at the tenant’s own risk, and no reimbursement can be claimed.

Sudden and Alarming Demand

He first raised the need for repairs only after I pressed him for overdue rent, then threatened me with personal liability for accidents—without any warning or estimate beforehand.

Late and Baseless Repair-Reimbursement Claim

Only once I asked for an explanation did he send a notice demanding the equivalent of 120 years’ rent (purported oral promise from 1999) and a further 30 years’ rent for last-minute works. Neither claim was ever mentioned in the past 24 years, nor supported by any documentation.

Defences to Assert

Denial of any oral promise or agreement.

Tenant’s failure to obtain prior written permission (hence no right to deduct repair costs).

Limitation: an oral promise allegedly made in 1999 is time-barred.

Absence of evidence: no witnesses, no contemporaneous communications, no invoices or estimates.

Request for Further Guidance
Would you suggest citing any specific case law on “unauthorized tenant repairs”? Also, is it preferable to demand full particulars of the claimed 1999 promise before addressing the merits, or simply to deny it outright and rely on limitation and lack of evidence?

Your further advice will help me finalize a crisp, legally sound reply.

bharat khatwani (Querist) 04 June 2025
Dear J.C. Vashishtha Sir, Thank you for your valuable insight that a tenant cannot recover repair expenses incurred without the landlord’s prior permission. Your comment helped me crystallize the key factual and legal points. For my forthcoming reply to the tenant’s notice, I propose to emphasise the following: Lack of Prior Permission The tenant never sought or obtained my consent before undertaking the “cavity-filling” works. Under settled law, unauthorized repairs are at the tenant’s own risk, and no reimbursement can be claimed. Sudden and Alarming Demand He first raised the need for repairs only after I pressed him for overdue rent, then threatened me with personal liability for accidents—without any warning or estimate beforehand. Late and Baseless Repair-Reimbursement Claim Only once I asked for an explanation did he send a notice demanding the equivalent of 120 years’ rent (purported oral promise from 1999) and a further 30 years’ rent for last-minute works. Neither claim was ever mentioned in the past 24 years, nor supported by any documentation. Defences to Assert Denial of any oral promise or agreement. Tenant’s failure to obtain prior written permission (hence no right to deduct repair costs). Limitation: an oral promise allegedly made in 1999 is time-barred. Absence of evidence: no witnesses, no contemporaneous communications, no invoices or estimates. Request for Further Guidance Would you suggest citing any specific case law on “unauthorized tenant repairs”? Also, is it preferable to demand full particulars of the claimed 1999 promise before addressing the merits, or simply to deny it outright and rely on limitation and lack of evidence? Your further advice will help me finalize a crisp, legally sound reply.

Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=940005

Dr. J C Vashista (Expert) 07 June 2025
You are welcome for understanding my view and appreciation.

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