• Residential repair in Pagdi system

Hello All,

We stay in a Pagdi system for more than 25years.
7-8years earlier our landlord has changed. 
3years ago my dad(under whose the room belongs) expired. So landlord has stopped taking rents.
Our room had leakages from upper floors and all paint was coming out. It was causing some health issues on my mom as particles(papdi of plaster) from wall caused breathing issues.
So we decided to do a plaster on that area and fix it by putting tiles over it so that there would be no more leakages.
The work started in morning and in afternoon it was stopped as people from landlord said that landlord permission is not taken.
We were not doing any structural changes and were just doing a plaster of wall. By that time the outer portion of old plater was taken out.
Landlord's people have taken photographs of half work done.
Now that the worked has stopped, the condition of the house is worse.


Question - Does the plastering work need landlord's permission ?
Can you provide me with the Law under which act does this apply? 
(I am sure if we go to landlord, he'll either not give permission or ask for money)
Asked 7 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) under section 14 of Maharashtra rent control act it is duty of landlord to keep the premises in good and tenantable repair 

2) if landlord neglects to carry out repairs tenant can issue 15 days notice to landlord and on his failure tenant can carry out the repairs and deduct the expenses from rent payable . the amount deducted should not exceed one fourth of rent payable . 


3) you have not carried out any structural changes in flat . 

4) you do not need landlord permission to carry out tenant able repairs 

5) Tenantable repairs as defined by section 342 of the MMCA, includes providing guniting to wall structures, plastering, painting, flooring, repairing of the bath, WC and wash places and replacing electrical fittings and several items
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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1) Section 342 of BMC act provides that tenant able repairs can be carried out without BMC permission 

2) in your meeting with landlord you should call upon landlord to carry out repairs . If he fails to do so issue notic under section 14 of rent  act 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Does the plastering work need landlord's permission ?
Can you provide me with the Law under which act does this apply? 
(I am sure if we go to landlord, he'll either not give permission or ask for money)

Pagdi system or otherwise, it is established that you are tenants of the premise hence the minor repairs which are essential for the sustenance of day to day life activities within the house without altering the structure of the house cannot be objected by the landlord. 
Let him go to the court with the photographs, he will be in a fix because he has to accept your tenancy in the court if he is trying to sue you making alterations etc in the eviction suit he may file agaisnt you.
You can convince the court about the ground realities by producing the photographs you have taken in this regard, so secure evidence from your side too.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Minor repairs of the premises would be carried out by the tenant from his own pocket and he could not undertake any major repairs, requiring reimbursement, without prior permission from the landlord.
"If any major repairs are carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties.
There is a supreme court ruling on the above issue.
In fact this will not come under Deliberate misuse or damage of premises that the landlord may try to file an eviction suit.
The landlord to be responsible for all structural repairs whereas the tenant can carry out day-to-day repairs against adjustment towards rent. These should be specified.

If the landlord is still acting indifferently then let him proceed legally which you can challenge it properly through court.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1)  if the repair works to be carried out is tenantable then they can be carried out without the landlord’s permission as well as the MCGM authorities’. 

2)  notice to the landlord is a must failing which tenants can then proceed.

3) in a recent case the Small Causes court waived all charges under the umbrella of “tenantable repairs” as per the Maharashtra Rent Control Act 1999 (MRCA) and Mumbai Municipal Corporation Act 1888 (MMCA)

4) Tenants need to keep in mind that permission needs to be sought for such repairs by serving a notice, in writing, to the landlord 15 days in advance. In spite of this, if no permission is granted, the repair work can be carried out without obtaining it, provided the repair work falls within the purview of the above mentioned sections,”
 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Unless the work involves any structural alteration the permission of landlord is not mandatory. Since the landlord is not permitting the work you may file a suit for permanent injunction to seek appropriate orders against him. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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