Pagdi bulding repair
rajshina
(Querist) 16 February 2014
This query is : Resolved
Dear Sir / Madam
I am residing in mumbai pagdi type building this building are 60 years old & 27 tenants in building structure are ground plus 2 floor. 8 tenants are residence& 19 tenants are commercial (made by landlord). That time building are very poor condition In so all tenants are thing & ready to repair the building without any basic structure change & without any amount demanding from landlord.
All tenants are contribution fund & repair from are best architecture plan wise. All tenants are application with building structure audit report to B.M.C. & local NAGER SHEVKA & MLA & LANDLORD also but no one helps & responds.
TENANTS ARE HAVE BUILDING STRUCTURE AUDIT.
So plz your best advice gives us.it is very urgent case .
ajay sethi
(Expert) 16 February 2014
under Section-14 of the Maharashtra Rent Control Act it is provided that it will be the duty of landlords to keep the premises in good repair. The provision states that:
(1) Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
(2) If the landlord neglects to make any repairs, which he is bound to make under sub-section (1), within a reasonable time after a notice of 15 days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that, where the repairs are jointly made by the tenants the amount to be deducted or recovered with interest by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs together with simple interest at 15 per cent per annum on such amount: Provided further that, the amount so deducted or recoverable in any year shall not exceed one-fourth of the rent payable by the tenant for that year.
(3) For the purposes of calculating the expenses of repairs made under sub-section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.
Rajendra K Goyal
(Expert) 17 February 2014
Well advised, agree with the expert ajay sethi ji.
Dr J C Vashista
(Expert) 18 February 2014
Detailed and appreciating reply by Sh. Ajay Sethi.
Serve notice, approach the Rent Controller and start repair after permission.
prabhakar singh
(Expert) 18 February 2014
The advice of Mr. Sethi is crystal clear.:
So you all jointly issue a 15 days registered notice through a lawyer and let get served upon the land lord.In case he does not pay heed to notice,you can carry out repairs and deduct expenses of repairs from proportionate rent payable to him by each of you.
There is no problem.
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
Yes, properly advised by the experts above, the author may follow the advises rendered.
rajshina
(Querist) 26 February 2014
Thanks for ur valuables advi.Dear sir one queri also if landlord structures audit report in building are dangers then all tented are vacant the premises? Plz this question are ans.
Plz sir give ur valuables advi.
rajshina
(Querist) 05 June 2014
Thanks for ur valuables advi.Dear sir one queri also if landlord structures audit report in building are dangers then all tented are vacant the premises? Plz this question are ans.
Plz sir give ur valuables advi.
Dear Sir ,
plz ans.
