Sandeep Shukla (Teacher) 06 June 2014
In a Tenancy agreement the rent is broken down into various categories and one of them is 'Service Charges". Now my State Tenancy Act says that tenant has to pay 10% of rent as "maintenance and amenities charge". So my question is will the court consider these two items as one and the same thing or not?
Putting it differently if the tenant is already paying the "Service Charges" then can the court also ask him to pay the "maintenance charges"?
T. Kalaiselvan, Advocate (Advocate) 10 June 2014
What is the exact problem and what is the case before the court? Service charges are different from maintenance charges. Please furnish more details if you need proper opinion.
Sandeep Shukla (Teacher) 11 June 2014
It is being contemplated whether this mandatory "maintenance charge" be included in the arrears for rent calculations in an eviction plaint. The tenant has paid "service charges" as written in the original tenancy agreement but has not paid maintenance charges after it was made mandatory by a subsequent State Tenancy Act.
Surprisigly the lawyer who has prepared the plaint has not included this feature maybe due to overlook. Therefore I would be much obliged if you can tell me the difference between the two and I will use it to explain firstly to my lawyer on why it should be included.
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