Repairing of roof of a rented house
We are four separate families living in a rented house in Baghbazar, (Kolkata) for so many years. But we deposit rent to Rent Controller as our landlord is dead. It is a three-storied building with a roof on top. One of the families reside on this roof top, and have made rooms there.
But this is not the issue as it was settled between them and the landlord. Problem is that the roof is now damaged, as the building being 85 years old. So every year when monsoon comes, it literally make us cry, because our portion is just below their portion. Our portion is already damaged because of water. The condition is even much poor now as water falls from the ceiling even in dry weather. We requested them to repair but they always ignore, just refuse to do that. Their logic is that the roof is ours, so it is our duty to repair (however they use it as if it is their own private property and none of us are allowed to enter the portion).
Now we are ready to repair it all by ourselves at our own cost, but now also, we are prevented from doing so. Even they are not allowing us to show the damaged condition of the roof by our constructor. They are creating so many obstacles and we think they will do the same thing in future when we will start repairing the roof. They are creating some false allegations so that we can not enter their portion. They are telling us to show police permission and permission of Calcutta Corporation.
We don't know what to do now. We can not file suit against them because we can not afford litigation cost, and we don't want that. The only thing we want is to stop falling water from ceiling and our portion from being damaged, that is also, peacefully. But they are such people who don't care about conciliation or mediation. But we are being suffered for years. Please tell us what to do and what steps we can take now. We really want to get rid of this serious problem immediately, because monsoon is coming. Please tell us what to do if any one of them, or other tenants of our house create or try to create problem or obstacle to prevent us from repairing.
Asked in Property Law from Kolkata, West Bengal
the relief can be provied to you by court only
Advocate, New Delhi
You can submit an application to the Building Department of Kolkata Municipal Corporation and also to the Rent Controller with praying the direction to the landlord for necessary repairing.If they would not take any action then you can send a Legal Notice to the landlord calling him to get permission to repair the roof,failing which you have to file a Declaration Suit in City Civil Court for Court's order.
who are the legal heirs of landlord? if landlord is dead how come for so many years none of his legal heirs have come for collection of rent ?
you have stated that you are depositing rent with rent controller .
if your neighbours are not permitting you to carry out repairs you will have to file suit and make neighbours party to said proceedings obtain permission from court to carry out necessary repairs to your roof