Landlord cut your water? Go to the Rent Tribunal.

Myth or fact?

What tenants are often told.

• Myth: He owns the house, so he can cut the gas or water to make me leave.
• Fact: A landlord shall not cut off, suspend or withhold an amenity or utility without just or sufficient cause (Punjab Rented Premises Act 2009, s.12(2)(a)).

His duties.

Section 12, subject to the agreement.

• A copyGive the tenant a certified copy of the tenancy agreement.
• RepairsKeep the premises in habitable condition.
• TaxesPay the tax, fee or charge on the premises.
• PrivacyNo entry without reasonable notice.

What the Tribunal can do.

Section 12(4).

“The Rent Tribunal may– (a) … make an order directing the landlord to restore the amenity, utility or easement; (b) authorize a tenant to restore the amenity, utility or easement at his expense and defray the expenses allowed by the Rent Tribunal from the rent; and (c) if a landlord has failed to keep the premises in habitable condition, or to make necessary repairs, direct that such repairs may be made by the tenant at his expense and defray the expenses allowed by the Rent Tribunal from the rent.”

Punjab Rented Premises Act, 2009 · Section 12(4), Obligations of landlord

Quick quiz. No repairs.

Guess first, then swipe for the answer.

• A. Nothing, it is his house
• B. You repair and recover it from rent
• C. You simply stop paying rent

Answer: B. Through the Tribunal.

Apply first, then deduct.

• ApplyThe tenant may apply for an order against the landlord (s.12(3)).
• Allowed costsThe Tribunal decides what may be taken from the rent (s.12(4)(c)).
• Not self-helpStopping rent on your own risks eviction for default (s.15(b)).

Your duties.

Section 13, subject to the agreement.

• ConditionKeep it as let, except normal wear and tear.
• PurposeUse it only for the agreed purpose.
• AccessAllow inspection or repair.
• No changesNo structural change without written consent.

When he can evict.

Section 15. The six grounds.

• Time upThe tenancy period has expired.
• DefaultRent unpaid 30 days after it was due.
• BreachOf the agreement, or of a duty under s.13.
• MisuseDifferent purpose, or sub-letting without written consent.

During the case.

Keep paying, keep proof.

• Deposit rentThe Tribunal orders the rent deposited till the final order (s.24(1)).
• Miss itThe Tribunal passes the final order forthwith (s.24(4)).
• Even if deniedInterim rent is fixed even when the tenancy is denied (PLD 2016 Lah. 123).
• Four monthsFinal order not later than four months (s.27).

Trouble with your landlord?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My landlord disconnected the gas to force me out. What can I do in Rawalpindi?
• Draft an application to the Rent Tribunal under section 12 for restoring a utility.

Example questions

What this does not mean

• The sections here come from the Punjab Rented Premises Act 2009, so this carousel speaks to rented premises in Punjab.
• The rule bars cutting an amenity or utility without just or sufficient cause. It does not say a landlord can never cut one.
• It does not let a tenant stop paying rent on his own. Only the costs the Rent Tribunal allows come out of rent, and stopping rent risks eviction for default (s.15(b)).

Questions people ask

Sources

• Punjab Rented Premises Act, 2009 · Section 12(4)
  Obligations of landlord Punjab Code