Chapter VI Chapter VI

Obligation of the landlord and the tenant

Landlord’s duty to keep building in good repair.—

1. (1) Every landlord shall be bound to keep the building in good and tenantable repair.
2. (2) If the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year.
3. (3) Where any repairs without which the building is not habitable or usable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Rent Tribunal for permission to make such repairs himself and may submit to the Rent Tribunal an estimate of the cost of such repairs, and, thereupon, the Rent Tribunal may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it may consider necessary, by order in writing, permit the tenant to make such repairs at such cost as may be specified in the order, and it shall, thereafter, be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one-half of the rent payable by the tenant for that year: Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Rent Tribunal and the tenant agrees to bear the excess cost himself the Rent Tribunal may permit the tenant to make such repairs.

Execution of lease deed of building.— Notwithstanding anything contained in clause

1. (c) of sub-section

1. (1) of section 3 or any other law for the time being in force a lease deed shall be executed between the landlord and the tenant whenever a building is let out after this Act comes into force.

Tenant’s right to essential services.—

1. (1) No landlord either himself or through any person purporting to act on his behalf shall, without just and sufficient cause, cut off or withhold any essential supply or service of the building let to him.
2. (2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the controller complaining of such contravention.
3. (3) If the Controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the building or to pay an enhanced rent, the Controller may pass an, order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4). Explanation:— An interim order may be passed under this sub-section without giving notice to the landlord.
4. (4) If the Controller, on inquiry, finds that the essential supply or service enjoyed by the tenant in respect of the building was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service.
5. (5) The Controller may, in his discretion, direct that compensation not exceeding fifty rupees—
   • (a) be paid to the landlord by the tenant, if the application under sub-section
6. (2) was made frivolously or vicariously;
   • (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. Explanation I.— In this section, “essential supply or service” includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services. Explanation II.— For the purposes of this section withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply of service is cut off by a local authority or any other competent authority.