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    Sunday, 10 January 2016

    Obligations of LandLord and Tenant

    1. Introduction
    The obligations are those duties which may be legally enforced. As these become the legal rights of the party. A person may be compelled to enforce through various legal remedies in case of violation.

    2. Definition of LandLord
    According to Sec 2 (d), Landlord means the owner of premises and includes a person for time being entitled or authorized to receive rent in respect of the premises.

    3. Definition of Tenant
    According to Sec 2(i) “Tenant means a person who undertakes or is bound to pay rent as consideration for the occupation of a premises by him or by any other person on his behalf and includes

    a. A person who continues to be in occupation of the premises after the termination of his Tenancy for the purpose of a proceeding under this Act.

    b. Legal heirs of a tenant in the event of death of the tenant who continues to be in occupation of the premises.

    c. A sub-tenant who is in possession of the premises or part thereof with the written consent of the Landlord.

    a. Analysis of Definition
    i. Any Person by whom or on whose account rent is payable
    Any person who is liable to pay rent to the Landlord is a tenant, whether he pays the rent for himself or for any other person.

    ii. For building or rented land
    The rent must be payable for a building e.g, residential building i.e, used for residence, non-residential building i.e, used for business or trade, schedule building i.e, used for both residence and business or rented land. i.e, any land let separately for the purpose of being used principally for business or trade.

    b. Person who are included in Tenant
    i. Tenant in possession after termination of tenancy
    A tenant in possession of the building of rented land after the termination of the tenancy does not lose his status of tenant.

    ii. Heirs of deceased tenant
    On the death of original tenant, the tenancy automatically passes on to his legal heirs the wife and children of a deceased tenant are regarded as original tenant.

    c. Persons who falls outside the scope of tenant
    i. Sub-tenant without consent of landlord
    A sub-tenat who is placed in occupation of a building or rented land by a tenant without the consent of Landlord is writing is not a tenant.

    ii. Person to whom the collection of rent has been framed out by Govt. Institutions
    A person is not a tenant to whom the collection of rent or fees in a public market, or stand, or slaughter house of or rents for shop has been framed out or leased by a municipal town or notified area committee, or by the corporation of the city of Lahore or by the Lahore improvement trust or any other improvement trust.

    4. Obligations of Landlord

    i. Provision of Tenancy Agreement
    Landlord shall provide a certified copy of the tenancy agreement to tenant.

    ii. Repair the Premises
    Landlord subject to the tenancy agreement repair the premises as may be necessary to keep it in habitable condition or as may be required under a law for the time being in force.

    iii. Payment of Tax etc
    Landlord shall pay the tax, fee or charge levied on the premises under a law for the time being in force.

    iv. Not to cut off, etc an amenity of tenant
    Landlord shall not cut off, suspend or withhold, without just or sufficient cause, an amenity, utility or easement of the premises.

    v. Not to enter without giving notice
    Landlord shall not enter the premises without giving the tenant a reasonable notice.

    5. Effect of Non-Fulfillment of obligation by Landlord

    If a landlord neglects or fails to fulfill an obligation under this ordinance or tenancy agreement.
    i. The tenant may file an application in the Rent Tribunal.
    ii. For an order directing the Landlord to fulfill the obligation.

    6. Obligation of Tenant

    i. Not to sublet premises without consent of Landlord
    A tenant shall not, without the prior written consent of the landlord, sublet the whole or a part of the premises, or transfer or assign a right under the Tenancy.

    ii. Keep Premises in the condition in which it was let-out
    A tenant shall keep premises in the condition in which it was let-out except in normal wear and tear.

    iii. Use the premises for the purpose for which it was let-out
    A tenant shall use the premises for the purpose for which it was let-out.

    iv. Allow the Landlord to enter the premises
    A tenant shall allow the Landlord to enter the premises for the purpose of Inspection and Repair.

    v. Handing over the Possession
    A tenant shall hand over the vacant possession of premises to the Landlord of termination of tenancy.

    vi. Not to cause Nuisance
    A tenant shall not make structural change in the premises without the prior written consent of the landlord.

    vii. Not to make structural change
    A tenant shall not make structural change in the premises without the prior written consent of the Landlord.

    7. Effect of Non-fulfillment of Obligations by Tenant

    A Landlord may file an application to a Rent Tribunal
    a. For an order directing the tenant to fulfill the obligation or
    b. For an order of eviction

    8. Conclusion
    To conclude it can be said that Punjab Rents Premises Act 2009 regulates the relationship between landlord and tenant. Punjab Rented Premises Act provides mechanism for settlement of disputes in a special manner.


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    Item Reviewed: Obligations of LandLord and Tenant Rating: 5 Reviewed By: Usman Ali
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