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Shrivaas Reddy   17 July 2024

Dispute between tenants and landlords

We have been staying as tenants at our place for the last 16 months and there is no rental agreement between the parties. At the time of finalisation of the rent we took verbal commitments from the landlords for power back up, and appointment of a watchman and certain other amenities.

It has been 16 months but the power back is not installed and there is no watchman and so we asked for the reduction of rent which the landlord denied and also refused to install the amenities promised. So, we stood our ground and refused to pay the full rent and since the landlord has been switching off the water and electricity and not giving us access to the electrical room.

How do we get protection against switching of essential services and also can we approach the rent controller to have the amenities installed or reduction in rent ?



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     17 July 2024

Landlord can't stop or disconnect tenant's electricity and water supply. You should approach court and get restored same.

kavksatyanarayana (subregistrar/supdt.(retired))     17 July 2024

You can approach the Rent Control Board and if the board does not take action, then file a case in court.

P. Venu (Advocate)     17 July 2024

To my understanding, the contract is very much in force notwithstanding rental agreemnt. it is illegal for the landlord to to deny water and power supply.

However, the tenants also should not try to force the things by non-payment of rent etc. They should approach the competent court to compel the landlord to provide the amenities he had promised.

T. Kalaiselvan, Advocate (Advocate)     17 July 2024

The landlord cannot disrupt the basic amenities for whatever reason. 

You can file a suit for permanent injunction against the landlord to restrain him from indulging in such illegal activities and to follow due process of law if at all he has any dispute with the tenant. 

However it is fault on your part to pay reduced rental amount,  your act may be considered as willful default for which you can be evicted. 

Even though there's no written rental agreement,  it can be considered as an oral rental agreement because the payment of rental amount regularly clearly establishes the landlord tenancy relationship. 

You can consult a local advocate and proceed as suggested. 

Dr. J C Vashista (Advocate )     18 July 2024

There is no written rent agreement, how would you like to demand / ascertain / establish your claim(s) ?

Relying upon oral agreement, it is just an assurance.

Shashi Dhara   19 July 2024

How you have paid rent through m. O. Or cheque or rtgs or phone pay to tenant with that approch to court.

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