Increase in rent on account of special or heavy repairs excepted

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

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Statutory text

(1) A landlord shall further be entitled to make, on account of special or heavy repairs made in accordance with the provisions of this section, a temporary increase in the rent of premises by an addition to the rent, in the manner prescribed, at a rate not exceeding twenty-five per cent. of the standard rent; and such increase in rent shall be payable from the date of completion of the repairs till the amount of the expenditure for such repairs together with simple interest at six per cent. per annum on such amount is recovered from the tenant.
(2) Before making any increase under sub-section (1), the landlord shall obtain, in the prescribed manner and in the prescribed form, a declaration (in Greater Bombay and the City of Poona from the Municipal Commissioner or any officer of the Municipal Corporation authorised by him in this behalf and elsewhere from the prescribed authority), asserting that it is necessary to undertake such repairs and specifying the nature and extent of repairs required and the estimated cost therefor and also obtain the consent in writing of the tenant or, as the case may be, of not less than two-thirds of the number of tenants occupying the premises in the building.
(3) After such repairs are carried out, the landlord shall obtain, in the prescribed manner and in the prescribed form, a certificate (in Greater Bombay of the Housing Commissioner appointed under the Bombay Housing Board Act, 1948, or any officer of the said Board authorised by him in this behalf and elsewhere of such officer, not lower in rank than an Executive Engineer as may be prescribed) confirming that the repairs were carried out in accordance with the declaration referred to in sub-section
(2) and fixing the date of completion of the repairs and the actual expenses incurred thereof.
(4) The increase in rent under sub-section
(1) shall be recoverable from all tenants occupying premises in the building on the basis of the actual expenses incurred or the estimated cost specified in the declaration aforesaid, whichever is less, and the amount to be recovered from each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of expenses recoverable for such repairs. Subject to the limitation on the rate of increase in the rent under sub-section (1), the share of expenses to be borne by the tenants in the form of increase in rent shall be recoverable as may be agreed upon in the consent accorded under sub-section (2).
(5) Any increase under sub-section
(1) shall not be deemed to be an increase for the purposes of section 7.

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