Shashank (Executive Secretary) 06 October 2009

Landlord's permission for erecting permanent structure

Dear Sirs,

We are staying in a rented house in a chawl in Thane District, Maharashtra from since 1950 onwards. The house is made of wood and one can imagine the condition of house after this 59 years. It really needs to erect permanent structure because it is too bad for renovation or else some unforeseen accident might happen and may lead to some injury/death and also property loss.

We have been requesting our landlord to give us permission to erect permanent structure if he is incapable to erect (we are ready to bear all expenses/cost for construction of permanent structure). But his stand is that if other tenants (we are in total 3 tenants) can stay in same condition why not you? He says erection of permanent structure can take place only if all tenants agree to it. Now that rest 2 tenants are not financially well, they cannot afford to erect permanent structure and hence have no option but to stay as it is.

But if we can afford to erect permanent structure, why landlord is not willing to give us the permission? Also, we told him that you can increase our rent or charge standard rent if you want.

If we have to erect any permanent structure what will be the legal procedure we have to follow? I mean if he is not giving permission in writing (we are ready to bear all cost for erecting permanent structure and ready for standard/increase rent).

Please advise me the right path to get it done legally.

Regards,

Shashank

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 06 October 2009

Your query is not clear. What kind of permanant structure you want to erect? What kind of difference would it create in the original premises? It all depends upon that

Shashank (Executive Secretary) 07 October 2009

As I have already mentioned in my previous post that the house is of wooden structure since last 59 years and we had never carried any renovation till date and now it is in the verge of fall down, hence it is necessary to erect permanent structure.

So we are requesting him (landlord) to give us permission to erect permanent structure using material like bricks, cement, sand, etc. In short, to demolish the old wooden structure and construct new house using concrete material.

So to erect permanent structure here I mean -

1. To construct walls made of bricks, cement, sand, etc. (orginal is of wooden structure)

2. To construct within bathroom and toilet using appropriate tiles, kitchen platform using black stone or kadappa (original bathroom is in bad shape while there is common toilet for all tenants and as of kitchen platform, we are using square table as kitchen platform)

3. To raise height of the house to standard height (as of now height of house is very low as one has to be cautious while entering the house bowing his head).

4. Over and above, ceiling and flooring which are essential in house.

For all construction mentioned above, we are ready to bear all expenses/cost and even ready for increase in rent amount or standard rent, which is applicable to that area.

Hope I have clarified your points. Still if you require any other information, please let me know.

Thanking you in advance for your kind advise.

Regards,

Shashank

Shashank (Executive Secretary) 03 November 2009

Please reply to my query.

Regards,

Shashank

Adv Archana Deshmukh (Practicing Advocate) 03 November 2009

From your post it seems that you want to reconstruct the house. A tenant have NO RIGHT to demolish the house of the landlord and make any construction over it without the PERMISSION OF THE LANDLORD IN WRITING. If you do so, it will give the landlord A RIGHT TO EVICT YOU. Try to settle the matter amicably.

Shashank (Executive Secretary) 19 December 2009

Dear Madam, many thanks for your valuable time and efforts in replying my queries.

We again tried for the last time to convince our landlord for necessary repair to be carried out, but in vain.

Looking at the present condition of house, it was impossible to live in such a condition so we had taken another flat on rental basis on 11 months leave and license agreement on my younger brother’s name in same locality.

Now I want to know –

• Can landlord try to evict us on the ground that we are staying elsewhere. Presently the house is vacant and we have some material in it.

• If else the house demolishes on its own (looking at its bad condition), can we still have our tenancy rights or else landlord takes control of the house

Your suggestions/help needed, as always.

Warm regards,

Shashank

Adv Archana Deshmukh (Practicing Advocate) 19 December 2009

If you keep the house vacant, the landlord can try to evict you on the ground of non user of the premises and may also take the ground of bonafide requirement for his personal use as you are staying elsewhere and you don't need the premises. While your tenancy is continuing, if the house collapse on its own and the landlord builds a new building on it then you have a right to get a flat on rent in the new building.

You can give a legal notice to the land lord to do the necessary repairs and if he does not do so within some days then you can carry the repairs yourself and if he intervenes file a suit for injunction to restrain him. Contact a good local lawyer.

Shashank (Executive Secretary) 22 December 2009

Dear Madam,

Once again thank you for your valuable advice. Will contact a good local lawyer as per your suggestion and will let you know the future state of action.

Here's wishing you all the best for your future endeavor and a great, prosperous and healthy New Year.

Warm regards,

Shashank