• Home tutions runned by tenants in CHS

Can a tenant run home tutions in CHS. They don't own a flat and run tuitions and the children's use lift and staircase. How can i stop this.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

See tution can be taken in CHS in small groups but in case there are large batches and there is nuisance then society can restrict same you can file complaint before society.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes they can if the owner is not having any issues

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Running home Tutions  does not amount to commercial usage of flat 

 

tenant is staying in said flat and only using part of flat for home tutions 

 

don’t renew leave and licence agreement on expiry 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The committe can raise an objection amd say no to the tenant and stop those students from entering the premises.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. IF "tenants" are running home tutions in a CHS, THEN it means that the Flat was rented out for "commercial purposes", which is legally prohibited.  This has been upheld by a recent court judgment.

2.  You can restrict entry of outside people inside the Society and further give proper legal notice to Flat Owner, to evict the Tenant, failure of which you will be charging them penalty and further informing the local Municipal office, for levy of commercial property tax, water charges for that Flat.

 

 

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

Now society has issued a letter all three people stating that Supreme Court ordered that No tuition class can run in residential flat. ... So immediately stop your tuitionclass. As per Co-operative Housing Society Bye-Law no commercial activity run in the residential flat

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Committee can pass a resolution and restrict outsider entrance in bulk which creates nuisance. 2 4 students no worry but if classes conducted in bulk than no.

Committee resolution.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You need to first inform your society about home tuition nuisance and using lift. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If the tuition are run by the flat owner/tenant in the flat without the permission of the society, then the society may be approached to initiate legal actions to stop this nuisance, especially if it is disturbing and noise pollution.

If the society fails to take any action then you may take legal steps in this regard from your side.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Yes tenant can use the premises for home tuitions by permission of owner of flat. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per information mentioned in the present query, makes it clear that the flat is been used for the commercial activity as it is not necessary to run a full fledge school, giving tuitions as a teacher also amounts to commercial act.
  2. As per the lates SC order, only an advocate and doctor can run office Ina flat meant for residential purpose.
  3. It is the nuisance for others, if you wish then you can file a suit for stoppage of the same act under private nuisance before the civil court of law.
  4. Or along with others, can also file police complaint for public nuisance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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