• C1 classification

Can a landlord file for C1 classification in BMC under the nominated act and in such case of building is claissfied as C1 by the BMC , what right does a tenant have ?
Asked 2 years ago in Property Law
Religion: Hindu

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7 Answers

The BMC classifies dilapidated buildings as C1, C2A, C2B and C3. If a building falls under C1 category, it needs to be vacated immediately and demolished.

there are thousands of families in Mumbai who continue to live in dilapidated buildings even though they are classified as C1 by BMC risking their lives.

If a building falls under the category of C1, it needs to be vacated immediately and demolished. 



 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Payment of Monthly maintenance amount is not considered as payment of monthly rental amount to the landlord.

The landlord can take an action to evict the tenant through court for default ion monthly rental payment

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The BMC classifies dilapidated buildings as C1, C2A, C2B and C3. If a building falls under C1 category, it needs to be vacated immediately and demolished.

 

2) residents of such buildings which fall into the C1 category are served notices and asked to vacate. Water and electricity supply are disconnected if the residents do not vacate the buildings,

 

3) you can be evicted by force if you refuse to vacate 

 

4) BMC would not issue permission for carrying on construction unless permanent alternative accommodation agreement is entered into between landlord , builders and the occupants / tenants

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

Landlord can terminate tenancy and file eviction suit against you for failure to pay rentals 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you don't pay rent landlord has right to evict you. 

C1 is immediately vacating the building due to its dilapidated condition. Yes tenants have rights in the same and you will get alternative accomodation in the said circumstances 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

the tenant or a group of tenants can engage a structural auditor and obtain an alternate structural audit report

in case of conflicting reports the matter will be referred to the Technical Advisory Committee which will then decide which report should be relied on

your follow up question is completely unconnected to the main query

if statutory rent is not paid then landlord can still file an eviction suit on the ground of default in payment of rent 

in such suit you have to take the defense that maintenance charges [which are part of the rent] were being paid to the landlord and thus you cannot be evicted 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

The landlord of a property may file an application for classification of the building under the nominated category in the BMC (Brihanmumbai Municipal Corporation). However, the classification of the building as C1 by BMC does not affect the tenant's rights or tenancy agreement in any way. The tenant's rights and obligations remain the same, regardless of the classification of the building.

 

Regarding the tenant's non-payment of rent, if the tenant has not paid rent for four years, the landlord may have the right to terminate the tenancy agreement or seek eviction of the tenant. However, this would depend on the specific terms of the tenancy agreement and the applicable laws. Under the Maharashtra Rent Control Act, if the tenant fails to pay rent for a period of six months, the landlord may seek eviction of the tenant. It is important to note that the eviction process must follow the legal procedures, and the landlord cannot evict the tenant without a court order.

 

The payment of maintenance by the tenant may not necessarily absolve the tenant of their obligation to pay rent, unless the tenancy agreement specifically provides for such an arrangement. If the tenant has not paid rent for a considerable period, the landlord may have the right to cancel the tenancy rights, but this would need to be done through legal means and following the applicable procedures.

 

It is recommended that you consult with a lawyer who specializes in property and tenancy law to understand your legal rights and options as a landlord or a tenant.

 

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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