Iqbal Sayed 15 October 2023

Pending maintenance

Can managing committee stop rent of society member whose maintenance is pending due to pending internal grievances

Quick Summary

A society member is asking if the Managing Committee can halt rent payments from a tenant due to outstanding maintenance fees, which are linked to internal grievances. The advice provided is that the MC cannot directly stop rent, as maintenance and rent are separate issues. For such disputes, seeking a mandatory injunction from a civil court is recommended.

3 Replies

Dr. J C Vashista (Advocate ) 16 October 2023

No, the MC is not a party to L & L / Rent Agreement executed between the landlord and licencee / tenant.

Maintenance and rent are two different subjects which cannot be correlated.

Iqbal Sayed 16 October 2023

Sir,

Managing Committee trying to stop Rent from Developer in bldg going for Redevelopment as the Member has Pending Maintenance due to some ongoing issues - Grievances with society office bearers.