Home improvement at ease
Irene Fernandes tracks down Matunga resident Shankars victory in his fight for home repairs; one that will open doors for all harassed tenants across the city
Irene Fernandes tracks down Matunga resident Shankars victory in his fight for home repairs; one that will open doors for all harassed tenants across the city
When Matunga resident S Shankar decided to get his home, located at Shanti Kunj, repaired in June 2008, little did he realise that it would take a case, in his favour, to decide his fate and the rest of the citys tenants. For all those tenants waiting for their landlords permission to carry on certain repairs (tenantable repairs) of their homes, can now do so without their permission.
After four months of harassment by his landlord objecting to urgent repairs of Shankars residence, 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). 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 (see box for complete details of section 342). Also, section 16 (b) of the MRCA deals with certain repairs that can be done without the permission of the municipal authorities.
Five months ago, Shankar began repair works of his home in Matunga, which was in urgent need of attention. My house was in tatters and I had asked my landlord to look into it. The window panes, door frames and ceiling were in a pathetic and deteriorating condition. I have not made any permanent changes to the basic foundation of my house. Since these were tenantable repairs, I went ahead and got them done without my landlords permission, owing to its urgency, and as a result, had to face a court case, informs Shankar. After an injunction order being passed in the landlords favour, Shankar went ahead and filed an appeal. The court eventually decided the case in his favour after considering the MMCA and MRCA acts.
Like Shankar, many other tenants across the city face similar situations. Most landlords tend to make things difficult especially when it comes to granting permissions for repairs. 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, informs advocate E K Sasidharan.
According to Sasidharan, earlier the court would only focus on the aspect of the notice that is supposed to be served to the landlord. But Shankars case points out the fact that if the repair works to be carried out is tenantable then they can be carried out without the landlords permission as well as the MCGM authorities.
Says Sasidharan, Finally the courts have given a proper interpretation to these sections which are important and necessary. The citys major population lives on rented premises. With this judgement, many tenants shall be benefited. Though, he points out the fact that a notice to the landlord is a must failing which tenants can then proceed.
Says Sasidharan, Finally the courts have given a proper interpretation to these sections which are important and necessary. The citys major population lives on rented premises. With this judgement, many tenants shall be benefited. Though, he points out the fact that a notice to the landlord is a must failing which tenants can then proceed.
Tenants all across the city can now look forward to getting those homes of theirs repaired without much interference of the landlord.