• Access to terrace of building by tenant

For last 3 years I am a tenant in a 7 storey building in Kanpur which has 2 flats per floor (total 14 flats in this building). Since I stay on the top floor (i.e. 7th Floor) I always had easy access to the open terrace just above my flat to exercise, relax and also to get a terrace view of the city.
2 days back I found that a lock is put on the entry of the terrace just above my flat and when enquired was told it is done for the safety of the society members. But I know it was because of some prejudice that I am a tenant (and not the owner of the flat). On earlier occasions also society has done things to cause me discomfort. Though on the contrary the owner of the flat in which I stay is nice and supportive but doesn't want to confront other members of the society.
I need to know that can I rightfully ask them to keep the access to terrace open ? As for the security of the society, it is a Gated single building in the heart of the city with boundary walls all around and with round the clock security guard at the entry. The terrace is not even connected to any other building so no one can even reach the terrace unless he bypasses the guard and come all the way up taking stairs or by boarding that single open type lift.
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1) terrace forms part of common areas for benefit of all members

2) society can lock the terrace but accessiblity to the terrace should not be denied

3) keys should be with security guards and given to members whenever they want to go to terrace

4) tenant is nominal member of the society

5) you should through your licensor request the society to permit access to terrace

6) to be blunt society would not entertain your request for keeping the terrace open .

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Under such circumstances, you may request the secretary of the association to permit you to carry out the routine yoga and other exercises in the terrace.

You can request for a a duplicate key to be given to you so that you can lock the terrace gate/door once you have completed your daily routine activities which may last for 30 minutes to 1 hour.

You may also suggest that you would buy a lock having at least four keys at your expense and handover other keys to the society by retaining one for you for this purpose.

Actually your flat owner has equal rights in the common areas.

The terrace comes under common areas.

He can fight for his rights to the usage of common areas either by himself or for the benefits of his tenants.

The association cannot restrict the owner/tenant from using the common areas because it is meant for common purpose and cannot be restricted by any bye law or even the rule.

You may put pressure on the owner in this regard because you cannot insist the association beyond certain extent.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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