Radhika Sivakumar 04 July 2023

Rights of tenants

Dear Experts,

We are a society registered under Tamilnadu societies registration Act 1975. Our society has 660 apartments and majority are tenants. Very few owners come for meetings and there is lack of active participation in association activities. The byelaws are vague and do not have any mention of tenancy rights. This is taken advantage by few who make decisions with less than 5% of members present and take important decisions on maintenance increase, capex collection. This is causing too much rift between association, owners and tenants on minority deciding on behalf of majorty. Also tenants are not allowed to participate or ask queestions in meetings that discuss common issues and inappropriate spending with thd majntenance money collected..

There are many who want to volunteer for association activities, but owners are not ready to welcome their participation saying tenants are temporary. However the argument of temporary is also applicable to owners who can sell flats anytime when opportune time arises.

Pleass let me know why the laws are outdated and not refldcf todays reality of people owning multiple apartments and they cant stay everywhere to take part in association activities.

What is the legal remedy and case laws if any on where tenants voice should be heard, their participation should also be welcomed.

Regards,

Radhika

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4 Replies

Real Soul.... (LEGAL) 04 July 2023

Laws are very much clear and operative as far as one has the right approach.

IF you are a tenant and you any tenancy related issue you can send notice to your landlord or file application in the Rent Controller Office. This is to bear in mind that tenancy rights cannot equate ownership rights.

If the tenants jointly want to be heard then you need to make an association and register that as tenant's association of your society and then you can jointly take decisions and invite the chairman/members of society to discuss the issues and give them memorandum and if they failed to take any action then you can file a complaint before registrar of societies .

Radhika Sivakumar 04 July 2023

Sir, as any product or service purchase a tenant is entitled to question the quality if service he gets. Why should he for this firm an association. If anyone knows why we have tamilbadu apartment ownership act in addition to societies registration act. How does these law apply in the currenf circumstances.

PS: I am a owner, but seeing the atrocity of denial of response to their valid questions. I am raising this issue.

Dr. J C Vashista (Advocate ) 05 July 2023

Rights of a tenant emanent from the terms and conditions of Leave & Licence or Rent Agreement between landlord and tenant which do not apply to the Society despite the fact it is registered under Societies Registration Act, which is a voluntary association of owners of property in the premises.

Radhika Sivakumar 05 July 2023

Sir,

But the tenants are paying maintenance to the society and not the owner.

In today's scenario, many hold more than two apartments/villa. An owner cannot live everywhere and be present in every meeting. After renting it, an owner has to take permission to even visit his tenant premises, therefore tenant is as good as acting owner during the tenure. I think he should have the right to participate in meetings and discussion where maintenance related issues are discussed since he is paying for it. Please tell me which law denies him/her that right.

If there is no law today that gives people renting premises the right to ask for services that he is paying then we are not progressive country. This is big loophole.