Write the Rights Of Tenant In Case Of Landlord’s Failure With Regard To Necessary Repairs Of Rented Property?

 

 

(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. In fact, obligation of one party is right of other party. And failure of one party to perform his/her obligation gives birth to right of other party.

(2) Rights Of Tenant In Case Of Landlord’s Failure To Perform Obligations With Regard To Necessary Repairs Of Rented Property

Under Punjab Rented Premises Act, following points are important for explanation of rights of tenant in case of landlord’s failure to perform his/her obligation with regard to necessary repairs of rented property:

(i) Repairing of premises

(ii) Filing of application

(iii) Making of repairs by tenant

(iv) Defraying of expenses

 

(i) Repairing Of Premises

It has been provided in this Act that landlord is to make that repairing, which is necessary to keep premises in habitable condition.

(ii) Filing Of Application

It has also been provided in this Act that tenant can file application in rent Tribunal for an order to direct landlord to fulfill obligation under this Act or tenancy agreement if landlord neglects or fails to fulfill this obligation. It reveals that tenan can also file application in rent tribunal for an order to direct landlord when landlord fails to fulfill his/her obligations with regard to necessary repairs of rented property.

(iii) Making Of Repairs By Tenant

If landlord has failed to make necessary repairs, rent tribunal can direct tenant to make such repairs of rented property at his/her expense

(iv) Defraying Of Expenses

When tenant makes necessary repairs of rented property at his/her expense, rent tribunal can allow him/her to defray these expenses from rent.

(3) Conclusion

To conclude, it can be stated that Punjab Rented Premises Act has provided some rights to tenant in case of landlord’s failure to make necessary repairs of rented property. However, these rights can only be used after filing of tenant’s application in rent tribunal and with direction and permission of rent tribunal especially when landlord fails to make necessary repairs of rented premises.

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