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Naresh Soneji (Owner)     24 October 2009

Redevelopment

hello frends,

this is naresh here

i want ur suggestions regarding the remedy available to tenants if land lord refuses to redevelop the property which is 60 years old?

can tenants build the building...??is there any "rights of LIEN " for tenants.

Location : Mulund (West), mumbai

Governing Authority : BMC

 



 12 Replies

Suchitra. S (Advocate)     24 October 2009

Naresh ji, tenants cannot redevelop the land lords property with any agreement to that effect with him.

Naresh Soneji (Owner)     24 October 2009

yes mam i kno it but today we tenants consulted a reputed Lawyer abt this matter..

he just said / gav hint of lien..??

so i want to kno is there any provision..in BMC Laws...


(Guest)

sir such matters r dealt in the RENT CONTROL ACT of the place as far as THE DELHI RENT CONTROL ACT IS CONCERNED there is a provision regarding this issue and the tenant may make the repair himself and deduct the amount from the rent subject to certain pecuniary limits.

Suchitra. S (Advocate)     24 October 2009

Naresh, read it as 'without ' instead of with. There has to be some agreement to that effect before redeveloping. Mistake in typing. Sorry.  :)

Naresh Soneji (Owner)     26 October 2009

 i dint get u suchitra madam...

Adv Archana Deshmukh (Practicing Advocate)     26 October 2009

As per s.14 of the maharashtra rent control act a landlord is bound to keep the premises in good condition and carry out necessary repairs if any. But a tenant have no right to demolish the building and reconstruct it. A tenant has no right to make any permanant construction on the landlord's property without his permission in writing. If  the tenant do so, it will give the landlord a right to evict them.

Naresh Soneji (Owner)     29 October 2009

Thank you mam...

so we can only ask for repairs to the building...can we ask for the expenses of repairs to bldg from landlord...???

 

i wanted to kno tht is there any provision like "lien" in any act related to "Redevelopment"  ??

Right of lien..???

Suchitra. S (Advocate)     29 October 2009

Naresh ji, right of lien comes under mortgages. If the mortgagee dont pay the loan amount even after morgage period, mortgagor will have right of lien over the property. He can keep the property with him till the loan is repaid.

Adv Archana Deshmukh (Practicing Advocate)     29 October 2009

 Every landlord is bound to keep the premises in good and tenantable repair. The tenants  interested in such repairs can give him a notice of fifteen days by post or in any other manner describing the repairs needed to be done and if the landlord neglects to make the repairs which he is bound to do, within a reasonable time, the  tenants may themselves make the repairs and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord. However, the amount so deducted or recoverable in any year cannot not exceed one-fourth of the rent payable by the tenant for that year.

Adv Archana Deshmukh (Practicing Advocate)     29 October 2009

 where the landlord obtains a decree of eviction against the tenants on the ground that vacant possession of the premises is required to carry repairs that cannot be carried out without evicting the tenants or for demolishing the building and reconstructing it, then the tenant has the right to get the possession back from the land lord after the building is reconstructed or repairs are completed.

Naresh Soneji (Owner)     01 November 2009

 thank you archana mam... & suchitra mam..

Akanksha   15 May 2020

Adv archana 

What a great answer ma'am


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