Repair and maintenance of rented property
I am staying in a rented apartment in a residential complex, since April 2012. Recently there was a leakage in one of concealed pipelines of the flat that supplies water to one of the bathrooms in the flat resulting in seepage of water through the common walls into the adjacent kitchen and dining space. The reason for the leakage is corrosion due to the age of the building, as told to me by the maintenance people from the society office and that the similar problem has occurred in other flats in the complex. The maintenance people also told me that the entire bathroom wall concealing the pipe has to be broken to replace the damaged pipe and then rebuild the wall - total cost approximately 20,000.
When I reported this to my landlord, he told me that as per the agreement, I have to bear this cost.
Now, below are all the relevant clauses in the agreement that I wanted to highlight here and seek advice from you on my stand in this case -
"NOW IT IS HEREBY EXPRESSELY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERE TO AS FOLLOWS:-
1. This writing shall never be construed as any tenancy agreement or lease nor otherwise creating any right or interest in favour of Licensee which is not at all the intention of the parties but on the contrary merely a temporary AGREEMENT or ARRANGEMENT, simply to allow the Licensee to use and occupy the said "Flat" strictly for the said residential purpose."
"(h) All cost of internal maintenance and repairs of the said flat along with its _______ furniture and fixture will remain the responsibility of the Licensee during his occupation. The Licensor shall be responsible for all external maintenance and repairing of the said Premises at his own cost."
"(k) The Licensee under takes to replace the fixture and fittings in case of making any damage of the same with similar new fittings. The Licensee under takes to replace the fixture and fitting in case of making any damage of the same with similar new fittings."
"(n) It is imperative that the Licensor shall necessarily check the use of water and electrical wiring with the installed electricity meter through proper and recommended means and shall ensure that there is neither any internal and / or external line leakage and the electric meters installed at the Premises."
"(p) The Licensee will get supply of water from the overhead tank round the clock subject to availability of the K.M.C. water supply."
Would highly appreciate if you can advice whether legally I am supposed to bear this repair cost or it it the landlord's responsibility to get this done.