RAJEEV MISHRA 01 July 2015

Should we send tenancy termination notice to the tenant?

Sir we are three brothers staying in lucknow and having some 10000 sq ft house on main rd of old lucknow.In the same building some 5000 sq ft space given to a recognised school up to class fifth since last 40 years.Two months back two shocks of eartquake and due to shokcs some cracks emarge in the same building and plaster also fallen from celling .So for my safe side i have given notice to the school some four years back that this building is 80 years old if any incident or collapse of the building land lord will not be responiable fot the same.

In the continuation the intimation given to distric administration including DISTRIC MAJISTRATE LUCKNOW,NAGAR AYUKT NAGAR NIGAM,LUCKNOW AND BASIC SIKSHA ADHIKARI LUCKNOW THAT building is 80 years old if any thing wrong happenwith the same building land lord will take any responsiablity because we are alrting scholl admin verbally and in writing also.now DM has given direction to BSA that a urgent inspection should be held in same building and inform DM what action is taken by BSA but inspection is yet to come till i am writing for your kind opinion.

now what should i do with this in legal because no a singel legal notice send by land lord till date.

with

Reply Follow

2 Replies

RAJEEV MISHRA 01 July 2015

Try to add value to the discussion, with your each post.

rajagopal.s (Lawyer.) 01 July 2015

Hopefully after you noticing the cracks on the building you had sent the notice to School by registered post and acknowledgement due. This notice should be current(ie.not older than 3 months).

You also need to send the copy of your notice(issued to the school) along with the photo's of your building to the District Educational Officer by registered post and acknowledgement due for his perusal.

Now as a land lord, it is your responsibility to should undertake the repair works on your building without affecting the school children and their schedule. If under the lease agreement, the tenant has to do the repairs, then the school administration should do the repair at their cost to the satisfaction of you(land lord) and DEO. If you want further assurance, you can also ask the DFO(District FIre office) and Municipal TOwn Planning Engineer to give you Fire safety certificate and occupancy certificate respectively after the completion of repairs.

Normally a tenancy termination notice will not be successful becuase of your tenant being a school. Courts normally ensure that studies of the children are not affected and hence normally advise schools to look for an alternative place and shift the children after the end of academic year.