Know you rights: Landlords and tenants

LAHORE:

Landlords and tenants have certain rights and obligations under the law, which anyone who plans to rent a place should know.

This week The Express Tribune examines the laws that guarantee the rights of landlords and tenants and guide them on how to act when facing any dispute.

Punjab Rented Premises Act

The Punjab Rented Premises Act (PRPA) 2009 covers the matters relating to renting out places. It provides rights to the landlords as well as tenants.

Tenancy agreement

According to Section 5 of the PRPA, a landlord cannot let out a building to a tenant except through a tenancy agreement.

A landlord has to present the tenancy agreement before the rent registrar (a civil judge), who will enter the particulars of the tenancy in a register, affix his official seal on the agreement, retain a copy of it and return the original tenancy agreement to the landlord.

According to Section 6 of the Act, the tenancy agreement contains particulars of the landlord and the tenant, description of the building, period of tenancy, rate of rent, rate of enhancement, due date and mode of payment of rent, the purpose for which the premises is let out and amount of advance rent, security or pagri.

Paying the rent

According to Section 7, a tenant has to pay the rent to the landlord in the mode and by the date mentioned in the tenancy agreement. If the date of payment is not mentioned in the agreement, a tenant has to pay the rent before the 10th of the following month. If the mode of payment is not mentioned in the agreement, the rent can be deposited in the bank account of the landlord.

Rent tribunal

Section 9 of the Act says that the rent tribunal will only hear complaints if the tenancy agreement is made according to the given instructions.

In case the agreement is not formed according to the law, the tenant can petition the tribunal after depositing a fine equivalent to 5 per cent of the annual value of the rent of the building in the government treasury.

Such a landlord can register a complaint in the tribunal after depositing a fine equivalent to 10 per cent of the annual value of the rent of the building.

Tenant cannot sublet building

Section 11 of the Act says that a tenant cannot, without the prior written consent of the landlord, sublet the whole or a part of the building under the tenancy.

How a landlord can evict a tenant

According to Section 15 of the PRPA, a landlord can seek to evict the tenant in the following situations: (a) if the period of tenancy has expired; (b) if the tenant has failed to pay or tender the rent within a period of thirty days after the expiry of the period; (c) the tenant has committed breach of a term or condition of the tenancy agreement; (d) the tenant has committed a violation of an obligation; (e) the tenant has used the premises for a purpose which is different from the purpose for which it has been let out; (f) if the tenant has sub-let the premises without the prior written consent of the landlord.

Obligations of landlord

According to Section 12, a landlord has to provide a certified copy of the tenancy agreement to the tenant and pay the tax, fee or charge levied on the premises. He cannot cut off, suspend or withhold, without just or sufficient cause, an amenity, utility or easement of the premises. He cannot enter the premises without giving the tenant a reasonable notice. If a landlord neglects or fails to fulfill an obligation under this Act, the tenant may file an application in the rent tribunal for an order directing the landlord to fulfill the obligation.

Obligations of tenant

The Section 13 of the Act deals with obligations of the tenant. A tenant should keep the building in the condition in which it was let out except for normal wear and tear. He should only use the building for the purpose for which it was let out. He has to allow the landlord to enter the premises for the purpose of inspection or repair and hand over the possession to the landlord on the termination of tenancy. He should not cause nuisance to the neighbours and not make a structural change in the building without the prior written consent of the landlord.

If a tenant fails to fulfill any of these obligations, the landlord can give notice in writing to the tenant specifying the act or omission and the remedial action to be taken by the tenant within a specified time. The landlord may file an application to the rent tribunal for an order directing the tenant to fulfill the obligation or may seek his eviction.

Published in The Express Tribune, July 16^th, 2014.