As regards repairs, under the Transfer of Property Act, it was the duty of the tenant to carry out repairs to the premises. After the rent control legislation came in, the duty was cast upon landlords.
Similar provisions were present in the repealed Bombay Rent Act. However, under Section?14 of the Maharashtra Rent Control Act it is provided that it will be the duty of landlords to keep the premises in good repair. The provision states that:
- Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
- If the landlord neglects to make any repairs, which he is bound to make under sub?section (1), within a reasonable time after a notice of 15 days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that, where the repairs are jointly made by the tenants the amount to be deducted or recovered with interest by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs together with simple interest at 15 per cent per annum on such amount: Provided further that, the amount so deducted or recoverable in any year shall not exceed one?fourth of the rent payable by the tenant for that year.
- For the purposes of calculating the expenses of repairs made under sub? section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.
However, as provided in the section, the tenant can also carry out such repair after obtaining permission under Section?499 of the Bombay Municipal Act 1888, but the tenant can deduct only one fourth of the rent payable in one year.
Tenants can repair the bathroom etc. Under the Maharashtra Rent Control Act the tenant has been permitted to change the flooring tiles and it is provided that such an act will not be considered as waste within the purview of Rent Act.
Likewise certain other work also has been considered by the legislature as exempted and does not amount to addition or alteration. You may look at the following provision which are enacted for the purpose of eviction of tenants and it is provided that under which circumstances the landlord can recover possession.
