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.
0 comments:
Post a Comment