Do you have a valid and subsisting tenancy agreement with the land lord, if so, does the agreement state seeking permission to make alterations and putting up additional construction with the permission of the land lord, if so the same must be obtained in writing before doing so, then give a notice of your desire to put up a toilet at your own cost within the demised premises, if the landlord refuses, as he has done in your case, then proceed to file a civil case before the competent authority or civil court and seek permission from it.
Senior citizen rights
My parents are above 65 years and we are staying in chawl with common toilet facility. We have requested landlord to give permission to build toilet inside the house at our own cost, yet he is denied. Please guide us the way ahead Vishal Bhatt
Asked 10 years ago in Property Law
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8 Answers
you need landlord consent to install toilet in your room . no structural alterations can be made without landlord consent . if your parents are bed ridden or suffering from serious illness enclose copy of medical report to your application . if he dosent oblige you will need court orders
We are staying in this place since past 60 yrs. That time there were no agreements, however we have all rent receipts. Property has 16 owners and the ones staying in our area managing are not cooperative. We are ready to spend money but as per landlord he wont give any permission as there is possibility that some other landlord might object. Please show us alternate way where we can approach BMC and get work done. We dont intend to spoil relations with landlord by sending him court notice.
Asked 10 years ago
if there re 16 owners you need consent of all the owners . BMC wont grant you permission without consent of landlord . you would need court orders
Landlord being the owner of the property, you need his prior permission before carrying out any construction in the rented part of the house. You may issue a legal notice to your landlord asking him to allow you to construct the toilet keeping in mind the age of your parents. If he refuses to give the permission then only a court of law can authorise you to construct the toilet.
BMC will have no say in this matter. The landlord and not the BMC is the owner of the property. Hence, only the landlord is empowered in law to grant or refuse the permission. If he does not permit you then you will need a judicial order to the contrary.
Thank you all for your valuable time and advice. Landlord is not permitting us due to his own issues. What are my chances to get approval from civil court and how do i approach. Can my local corporator help us.
Asked 10 years ago
Your chances of convincing the court is better, than taking a chance with some corporator, or the landlord. There is usually a nexus between these two. Try the court confidently
corporator has no role to play in the whole episode . only court can grant you necessary reliefs .
Corporator has no role to play in this. Only a court of law can come to your aid.