• Paying guest

Dear Sir

I m writing from kolkata for a help with regard to PG accommodation in the residential building. We are 8 flat owners and one of the neighbor owner let out his flat for pg. The 12 no of females staying in 800 sq ft flat with wooden partition made in the flat with no internal fire security . We are tired of everyday problem with this pg girls as they are wearing shorts, no security check at the entrance of the building as unknown person entering into the building etc. The other flat owners are being silent in this issue and there is no society in the building despite repeated request. Please advise can I do something to stop paying guest commercial activity in the building.. Is there any law to stop such activity. Pls advise thanks Ritesh
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

See PG is not like hotel it is not commercial activity as such it is like tenants only so same can be carried out in residential building but if there is disturbance or they are.creating nuisance file a police complaint against flat owner and tenants.

Also form a society the society can make bye laws regarding maximum number of person in single unit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

An application to the registrar cooperative society should be given for the society formation.

An election should be held and members elected. The registrar should also consider this aspect of pg accommodation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The flat owner cannot keep them if the other flats are not interested. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. There is no restraint in law to use a residential building for the purpose of letting as PG.

2. So legally you can stop them from using the same as pg accommodation.

3. Only if there si any breach of law or nuisance then only you can lodge complaint with Police or seek other remedy. Mere apprehension of breach of law is not enough. Wearing of shorts is also no nuisance.

4. You may though inform the Fire brigade authority about the wooden partition made internally in the flat. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

When an apartment is converted into a PG accommodation, it should be considered as a commercial property. The owners are liable to pay the bills and the taxes, applicable at commercial rates.

 

 

2) police verification would be required of paying guests staying in said flat 

 

3) complain to police that 8 girls are staying in said flat no police verification done 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

File suit seek court orders restraining  neighbour from using  flat for keeping paying guests 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

File  a complaint against the flat owner before the registrar. He will take appropriate action besides directing the residents to form a society as it is compulsory.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir wearing shorts is not nuisance it is choice, for more number people staying in single unit you can complaint before the municipal authority and risk.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Paying guest is not fully commercial nor fully residential. Due to this peculiar nature of paying guest it would be very difficult to stop letting out flat for paying guest purposes in residential complexes.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Approach before local police. . For paying guest police verification is mandatory...  Any kind of nuisance you can lodge complaint at local police station. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If it is not causing any nuisance to other members and society then you cannot take any legal action.  Wearing short skirts are their choices and not banned in our country.  Maintenance is paid on flat wise 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear client,

You should a written notice for not doing any activity which is jot permitted in the agreement. You should get signed a agreement which you you don't want of get am agreement signed as per terms and conditions set by you. If they persist, you all file an suit for eviction if they don't vacate the premises.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

As you have told that there is no society so how this building is maintained without any authorised society in case it is being managed by the corporation of all the residents then it will be a good idea to get the society registered with Registrar of societies and Chits by 10 members of the society and you can lay down the laws for the society and its security as soon as you get your society registered you will be able to maintain the society as per the applicable are adopted by the society and you will have all the rights to object this kind of letting out of the property and control on the uses of common services in that case society will have the powers to give notice to the landlord to vacate such Tenancy and get the police verification of all the new tenants along with the entry of outsiders in the society for its security purpose

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You are nobody to decide what those girls will wear. It it their right of choice, respect it. Someone not wearing clothes of your choice is not nuisance. 

2. The grievance sought to be made by you is totally misconceived and stems out of predetermined dogmatic path on which you may have walked till now. 

3. You have no right to stop your neighbour from letting out his property, so no remedy either.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

For PG Accommodation the following is the rules:

AMENDED POLICY REGARDING PAYING GUEST ACCOMMODATION IN THE
RESIDENTIAL AREA.
1. The definition of paying guest is:-
“Paying guest is a person such as a student of any class/course or employee may
be government or private or a professional, who is allowed to use a part of a
residential premises, either individually or jointly, by its owner or occupier for shelter,
with or without food, for a certain period of time, on a payment basis or otherwise,
but not allowed to run his/her kitchen (as the common kitchen for all paying guests
in the same premises is run by its owner or occupier like school or college hostel).
The paying guest does not mean a tenant or a sub-tenant in a hotel, dharamshala,
inn or similar premises and he/she can be asked to leave the residential premises
by its owner or occupier at any time without any notice.”
2 The house owner or member(s) of his/her family should be residing in the house
and should maintain good standard of hygiene and cleanliness.
3. The minimum usable area for one Paying Guest shall be 50 sq. ft. with adequate
provision of toilet as per norms of Public Health Department i.e. one W.C. for five
persons.
4. The area of the house for Paying Guest Accommodation shall not be less than 7½
Marla and part of it shall be used by the owner himself/herself.
5. The Paying Guest Accommodation shall be permitted only in those residential
properties, which are sanctioned as per building Bye-laws, and no unauthorized
construction has taken place after the grant of completion certificate.
6. The owner shall himself/herself be responsible for maintaining discipline, peace and
social harmony/atmosphere in the premises and in the neighborhood.
7. The owner shall supply the list of paying guests living in the house to the concerned
SHO within 7 days of publication of this policy. Thereafter owner will inform the
concerned SHO regarding new paying guests within 3 days of admission of the
guest.
8. No extra/new kitchen shall be erected beyond the approved building plans.
9. The owner shall display information about available and occupied accommodation
alongwith the tariff plan.
10. The list of Paying Guests shall be displayed at the premises.
11(a)The house owner interested for starting the Paying Guest Accommodation should
register themselves with the Estate Officer, GMADA, Mohali as per the enclosed
registration form (Form A), so that the Estate Office shall make the information of
the Paying Guest Accommodation available on the website of GMADA.
(b)The applicant shall submit the form along with bank draft of Rs. 10000/- in favor of
Estate Officer, GMADA as processing fee and initially the permission shall be given
for the period upto three years. After expiry of this period applicant shall have to get
the renewal of permission from the Estate Officer, GMADA after paying the
requisite fee at the time of submission of application.
(c) The applicant shall enclose the No Objection Certificate regarding running of
paying guest issued by the registered Resident Welfare Association of the area in
which house is proposed to be used as paying guest. In case there is no registered
Resident Welfare Association in the area then No Objection Certificate from the
immediate neighbourers i.e. left and right side house owners of the proposed house
is to be enclosed.
12. Vehicle should be parked within the house premises as far as possible.
13. Responsibilities of the Paying Guests:
(a) The Paying Guest as well as his parents/guardians shall be responsible for
his/her good conduct and behavior with the public. :
(b) He/She will not indulge in any disorderly activities leading to breach of peace,
civil and social atmosphere of the locality.
(c) He/She will not create any nuisance to adversely affect the rights of the other
residents of the locality.
(d) He/she will not run a separate kitchen in the premises.
14. The facility of Paying Guest Residential Accommodation shall be subject to the
following terms and conditions:
i) No front office system shall be maintained and house should appear a normal
residential house.
ii) The use of Paying Guest Accommodation shall not adversely affect the privacy
and rights of the neighboring residents of the locality.
iii) The GMADA may stop the facility of Paying Guest Accommodation in the event
of any problem involving law and order, breach of peace and tranquility in the
locality.
iv) The record relating to the Paying Guest Accommodation shall be open to the
inspection by the Estate Officer or any officer authorized by GMADA from time
to time.
15. The Estate Officer may, in case of breach of any of the terms and conditions of
these rules or for the reasons to be recorded in writing, issue of notice under
Punjab Regional & Town Planning and Development Act, 1995 as amended from
time to time for the breach of conditions for the stoppage of such facility of Paying
Guest Accommodation in any premises any time and pass appropriate orders of
resumption/cancellation of the allotment of the site.
16. The orders issued by the Estate Officer for the stoppage of Paying Guest facility at
any premises shall be final and binding on the owner failing which Estate Officer,


GMADA can take action under section 45 of the Punjab Regional and Town
Planning and Development Act, 1995.
This policy shall be applicable with immediate effect.


FORM “A”
(PROFORMA FOR REGISTRATION)
(For Running a Paying Guest Accommodation)
Details of the Owner
1. Name of the Owner
2. Name of Father/Husband
3. Category/Covered Area of the house
4. Address of the Premises
5. Contact No.
6. Draft No……….Date………… Amount…………Name of the Bank……..…………...
7. Total Accommodation and Capacity for Paying Guests.
8 NOC dated ………… issued by registered Resident Welfare Association/immediate neighborers.
9. A copy of the Occupancy Certificate obtained from the Estate Officer, GMADA, Mohali.
Signature of the Own.

 You can make a complaint-with the local civic body if none of the above conditions have been followed up by the owner of the PG accommodation

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can give a complaint in writing to the local municipality or any other competent authority in this regard and seek proper legal action especially against the nuisances created by the occupants of the flat.

Also you may give a complaint with the local police also stating that there are various people come and go inside the premises without any authority and the occupants are also have not registered their addresses with the police as has been mandated in law for informing the police about the details of all tenants.

You may take the assistance of an advocate for proper follow up action if you cannot handle the issue alone and also you may take the support of other neighbors also in this regard

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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