Define Landlord and tenant? What are the obligations of landlord and tenant under Punjab Rented Premises Act.

(1) Introduction

In Punjab, relationship between landlord and tenant is regulated by Punjab Rented Premises Act. This Act is about both commercial and residential properties. This has not only granted both landlord and tenant some rights, but has also explained some obligations of both landlord and tenant.

(2) Definition Of Landlord

According to Punjab Rented Premises Act, landlord means owner of a premises and includes a person, who is for the time being entitled or authorized to receive rent in respect of this premises.

(3) Definition Of Tenant

Under Punjab Rented Premises Act, following points are important for definition of tenant:

(i) Person, who undertakes to pay rent

(ii) Person, who is bound to pay rent

(iii) Persons, who are included into tenant

 

(i) Person, Who Undertakes To Pay Rent

Tenant means that person, who undertakes to pay rent as consideration for occupation of a premises by him/her or by any other person on his/her behalf.

(ii) Person, Who Is Bound To Pay Rent

Tenant means that person, who is bound to pay rent as consideration for occupation of a premises by him/her or by any other person on his/her behalf.

(iii) Persons, Who Are Included Into Tenant

Following persons are included into tenant:

(a) Occupation of premises

(b) Legal heirs of tenant

(c) Sub-tenant

 

(a) Occupation Of Premises

Tenant includes that person, who continues to be in occupation of premises after termination of his/her tenancy for purpose of a proceeding under Punjab Rented Premises Act.

(b) Legal Heirs Of Tenant

Tenant includes legal heirs of tenant in event of death of tenant when they continue to be in occupation

of premises.

(c) Sub-Tenant

Tenant includes that sub-tenant, who is in possession of premises or part of premises with written consent of landlord.

 (4) Obligations Of Landlord

Following points are important for explanation of obligations of landlord under Punjab Rented Premises Act:

(i) Certified copy of tenancy agreement

(ii) Repairing of premises

(iii) Payment of tax, fee or charge

(iv) Amenity, utility or easement of premises Entering premises 333803

(vi) Restoration of amenity, utility or easement by landlord

(vii) Restoration of amenity, utility or easement by tenant

(viii) Repairing of premises by tenant

 

(i) Certified Copy Of Tenancy Agreement

Landlord is to provide a certified copy of tenancy agreement to tenant.

(ii) Repairing Of Premises

Landlord is to repair premises as may be necessary to keep it in habitable condition.

(iii) Payment Of Tax, Fee Or Charge

Landlord is to pay that tax, fee or charge, which is levied on premises under a law for time being in force.

(iv) Amenity, Utility Or Easement Of Premises

Without just or sufficient cause, landlord is not to cut off, suspend or withhold an amenity, utility or easement of premises.

(v) Entering Premises

Landlord is not to enter premises without giving tenant a reasonable notice.

(vi) Restoration Of Amenity, Utility Or Easement By Landlord

If tenant has been in enjoyment of amenity, utility or easement which has been cut off, suspended or withheld without just or sufficient cause, rent tribunal can order landlord to restore this amenity, utility or easement.

(vii) Restoration Of Amenity, Utility Or Easement By Tenant

Rent tribunal can authorize tenant to restore amenity, utility or easement, which has been cut off, suspended or withheld, at his/her expense and can allow him/her to defray these expenses

(viii) Repairing Of Premises By Tenant

If landlord has failed to keep premises in habitable condition or to make necessary repairs, rent tribunal can direct tenant to make of such repairs at his/her expense and can allow tenant to defray these expenses from rent.

(5) Obligations Of Tenant

Following points are important for explanation of obligations of tenant under Punjab Rented Premises Act:

(i) Keeping of premises

(ii) Use of premises

(iii) Entering premises

(iv) Handing over of vacant

(v) possession

(vi) Causing of nuisance

(vii) Making of structural change

(viii) Written notice to tenant

 

(i) Keeping Of Premises

Tenant is to keep premises in that condition in which it was let out except for normal wear and tear.

(ii) Use Of Premises

Tenant is to use premises for that purpose for which it was let out.

(iii) Entering premises

Tenant is to allow landlord to enter premises for purpose of inspection or repair.

(iv) Handing Over Of Vacant Possession

Tenant is to hand over vacant possession of premises to landlord on determination of tenancy.

(v) Causing Of Nuisance

Tenant is not to cause nuisance to neighbors of premises.

(vi) Making Of Structural Change

Tenant is not to make structural change in premises without prior written consent of landlord.

(vii) Written Notice To Tenant

If tenant fails to fulfill an obligation under Punjab Rented Premises Act or tenancy agreement, landlord can give written notice to tenant. In this notice, landlord can specify act or omission and remedial action, which tenant is to take within specified time,

(6) Conclusion

To conclude, it can be stated that tenant can file application in rent tribunal for an order to direct landlord to fulfill obligation under Punjab Rented Premises Act or tenancy agreement if landlord neglects or fails to fulfill this obligation. Similarly, landlord can file application to rent tribunal for an order to direct tenant to fulfill obligation under Punjab Rented Premises Act or tenancy agreement if tenant neglects or fails to fulfill this obligation.

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