The landlord under pagadi system is responsible for:-

1. minor repairs

2. maintenance and upkeep

3. levying an enhanced rent(within permissible limits) in accordance with law.

landlord does not have any special responsibility in the pagdi system of renting out the properties, the only deviating factor from normal tenancy is that the tenant becomes a part owner of the house and not of the land.

Regards

1.) It is the landlord’s prerogative to fix the rent and increase it at the rate of four per cent per annum from the date of the commencement of the Act. He can also increase the rent at the rate of 15 per cent per annum for improvements and alterations provided 70 per cent tenants consent in writing. The landlord can also increase rent at 25 per cent per annum for special or structural repairs, exclusive of any repairs carried out under the Maharashtra Housing & Area Development Authority (MHADA) Act. He can also increase rent due to any increase in taxes.

2.) According to the Act, every landlord shall be bound to keep the premises in good and tenantable repair. If he neglects to make any repairs, within a reasonable time after a notice of fifteen days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord. Provided further that, the amount so deducted or recoverable in any year shall not exceed one-fourth of the rent payable by the tenant for that year.

3.) Section 16 (1) (I) of the Act provides that the landlord may recover possession subject to the provisions of section 25. Section 25 states that a landlord shall be entitled to recover possession of any premises if the court is satisfied that the premises are reasonably and required bona fide by the landlord.

The landlord can also recover possession of the premises if the tenant has, without the landlord’s consent given in writing, erected on the premises any permanent structure. Also if the tenant, his agent, servant, persons inducted by tenant or claiming under the tenant or, any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighboring occupier, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes.

4.) The landlord, however, will have to give certain undertakings as mentioned in sub-section 6. These are:

• He/she must have sufficient funds to carry out the work

• The plans of the proposed buildings be prepared and approved by the municipal authorities prior to tendering the request for vacation

• The number of residential tenements in the new building should not less than the number of residential tenements in the old building

• The carpet area of different premises let in the old building must be the same as in the new building

• The landlord gives an undertaking that the carpet area of different premises let in the new building will be the same as was let in the old building; the premises in the new building will be offered to the tenants of the old building;

• The work of demolition of the old building will be completed within three months and the new building will be completed in 15 months thereafter.

However, under the Maharashtra Rent Control Act 1999 the requirement of prior procurement of a tribunal certificate has been dispensed with and the responsibility now rests with the court to ensure that the tenants will neither be unnecessarily harassed nor evicted.

5.) Section 55 of the Maharashtra Rent Control Act, 1999, provides that any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908. The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail, unless proved otherwise. Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.

Under Section 55(1) it is clear that only the agreement of tenancy or leave and license executed between the landlord and tenant or the landlord and the licensee is required registration.

Landlord is required to maintain the premises , pay property taxes , electricity bills etc for common areas

2) landlord should grant permission for carrying out renovations, transfer of tenancy rights

Hi, he enjoys the complete title and ownership rights over the property

A landlord is landlord though he has no much control over his property let out on rent.

However the landlord may demand up to 35% of the amount that is proposed for transfer of pagdi ownership from one tenant to another tenant otherwise the landlord can refuse to sign he fresh agreement with the new owner.

As per law ther is no pagdi system tenancy rights, it will be covered under the normal tenancy protection rights.