• Payment for structural repairs conducted by MHADA

I have been having an issue with my Landlord where he has not been accepting rent from our family since 2011.
Despite of that should there be any repair expenses of the building he demands that we pay the same via cash.
I have refused to pay cash as a mode of payment but the other 2 tenants have done so. 
I live on the top floor of my building and am directly under the roof. 
It ha seen in a poor condition for several years and I finally had to take action and file a complaint in MHADA. 
My house has been inspected by the deputy engineer and the architect and they agreed to commencement repairs. 
They have advised us that the total cost of the repairs will exceed MHADA funds.
Can you please advise if the tenants have to contribute towards the same?
Asked 4 years ago in Property Law
Religion: Other

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15 Answers

Hello,

If you are not giving the rent or that he is not accepting the same then as a part of mutual understanding you may pay the same, otherwise you are under no liability to pay the repair cost.

Also, what is the reason as to why he is not accepting the rent?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If landlord refuses to accept rent send cheque for rentals with a covering letter by speed post or registered post

2) call upon landlord to pay for the repairs

3) if he refuses carry out repairs with your funds

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

It is liability of Owner to keep property in fit to live for and duly maintained.

But since, u r not paying rent since 2011, you are at default, basis of which, owner may seek eviction of property.

Better get it repair for your good, as if not repaired , irreparable loss will bore by u not land land.

Repairing cost will be adjusted to rent not paid, in case disputed by owner in future.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The land lord shall pay for repairs ask him to pay the repair cost if he does not than you pay same and adjust in rent arrears and give notice for same to the landlord.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if there are structural defects making it difficult and risky to the inhabitants living in the premises, then it becomes the duty of the landlord to rectify/repair the damages/defects.

It is his duty to provide safe and secure accommodation without any hazards for the safety of their lives in the rented premises.

The tenants need not bear such expenses, if they do, they can deduct the same from the regular monthly rental payments.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You may share some amount with the condition that the same would be adjusted in the rent.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

respected sir

you have to approach the rent controller for the direction to your land lord for repair of the rented premises and in the mean time you can also seek permission to repair the building so in future repair fund can be adjusted in your rent. if you do repair directly without the permission of court then u have to bear all the costs.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

Dear Sir,

You may follow the following methods for repairs.;

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https://mhada.maharashtra.gov.in/?q=board_mbrr_repairs_activities_Repair_By_NOC_Holders

=========================================================================================

Repair Activities Undertaken by NOC Holders

=========================================================================================

Under this option, the repairs are undertaken by the occupants/landlord of the building after obtaining the NOC of the Board. There are further two ways in which the cessed building can be repaired under this option. They are i) NOC with reimbursement and ii) NOC without reimbursement. The procedure for carrying out repairs through NOC with reimbursement is as follows:

A. NOC with reimbursement.

Identification of repairs by occupants themselves or intimation from Board.

Obtaining consent from occupants to decide to take up repair work.

Appointment of NOC holders by occupants.

Acceptance of appointment by NOC holders.

Appointment of Architect on Boards panel.

Acceptance of the NOC work by the Architect.

Submission of proposal by NOC holder through Architect to Executive Engineer with the following Compliance on (2) to (4) above.

Upto date payment of building repairs cess to MCGM.

Undertaking for accepting Board’s terms and conditions for NOC on Rs.100 stamp paper by NOC holders. Similar undertaking from occupants certified by Architect and NOC holder (on plain paper).

Undertaking for not carrying out unauthorized construction work on Rs.100 stamp paper.

Undertaking for vacating the Board’s Transit Camp accommodation and shifting the residents to repaired premises on Rs. 100 stamp paper.

Indemnity Bond indemnifying Board from all litigation, dispute between tenants, landlord, etc. on Rs.200 stamp paper.

Tenants list certified by the Architect and NOC holder.

Photographs of the affected portion of building and plan of the building duly indicating the proposed repairs.

Inspection of the building by Board’s officer. Grant of NOC.

Application to MCGM for Intimation of Disapproval (IOD) and Commencement Certificate (CC).

Receipt of Intimation of Disapproval (IOD) and Commencement Certificate (CC ) from MCGM.

Executing contract agreement by NOC holder with Executive Engineer.

Appointment of construction agency by tenants and NOC holders.

2nd joint inspection by Board officers with NOC holders, Architect and the agency appointment by the NOC holders and commencement of work.

Periodical reimbursement of expenditure incurred by NOC holders.

Intimation to enhance the repair cess to MCGM, when 75% of the work has been done and cost to that effect has been reimbursed.

(B) NOC without reimbursement

The activities under this option are same as those for option A from 1-12.

13. Repair work will be carried out by NOC Holders and tenants at their cost and hence no reimbursement.

14. After completion of work, there is no enhancement of repair cess.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You need to conduct the said repairs through owner. You can approach the court for the same for immediate action

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Considering your history yes

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

The MHADA no doubt will carry out the repairs, but who will bear the expenses?

Since it is a structural repair, the landlord only has to bear them.

You may silently wait and watch the developments, after which you can decide further course of action if there is no progress on it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

It is no obligation of the tenant to do structural repairs carry out the repairs by taking permission from authority that it is risky to life and condition is bad need repair on that permission carry out repair keep all bills. Once repair done send legal notice to the land owner to pay all the amount of repair. If he doesnot file a recovery suit or adjust with rent arrears.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

sir repair of rented premises is not ur concern. its the duty of landlord. but if u r repairing then u can recover the same from landlord. but the difficulty is, that u have to prove that u are under compulsion. so why i asked u to go to rent controller for seeking permission of repair and recovery of money from. landlord. or direction to landlord to repair the same

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

1) you should call upon landlord to pay for repairs

2) if he refuses carry out repairs and deduct it from rentals

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Yes you can do and let them bear the cost.

But in that case they may initiate a legal proceeding for the recovery of the money.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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