MA`AM YABINDA SALEEM LL.

B PART-III
ADVOCATE HIGH COURT TOPPERS LAW COLLEGE
PAPER NO.V TOPIC NO.02

OBLIGATIONS OF LANDLORD AND TENANT

1. PRELUDE :

2. RELEVANT PROVISION :
 Section : 12 & 13 of The Punjab Rented Premises Act, 2009 (VII
of 2009)
3. MEANING :
An agreement between landlord and tenant is called “Tenancy
Agreement”.

4. DEFINITION :
a) LANDLORD : [ Under Section : 2 (d) ]

“Landlord means the owner of premises and includes a person

for the time being entitled or authorized to receive rent in respect of
the premises.”

b) TENANT : [ Under Section : 2 (l) ]

“Tenant means, a person who under takes nor 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 ;
 i. 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;
ii. Legal heirs of a tenant in the event of death of the tenant
who continue to be in occupation of the premises ; and
iii. A sub-tenant who is in possession of the premises or part
thereof with the consent of the landlord.”

c) TENANCY AGREEMENT : [ Under (Section: 2(m) ]

“Tenancy agreement means an agreement in writing by which a

landlord lets out a premises to a tenant.”

2011 CLC 1251

“Co-owner can be joined as petitioner in the ejectment

matter.”

5. PERSON WHO ARE INCLUDED IN TENANT :

i. Tenant in possession after termination of tenancy;
ii. Heirs of deceased tenant;
iii. Persons who falls outside the scope of tenant;
a. Sub-tenant ;

6. OBLIGATION OF LANDLORD :
(Under Section : 12 )
2011 CLC 1503
“A landlord is under legal obligation, under section: 5 & 17 to let out
premises by way of written agreement.”
A Landlord shall ;
i. Provide a certified copy of the tenancy to the tenant
ii. 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 behind in force; and
iii. Pay the tax , fee or charge levied on the premises under a law for the time
being in force.
iv. Cut off, suspend or withhold, without just or sufficient cause, an amenity,
utility or easement of the premises ;and
v. Enter the premises without giving the tenant a reasonable notice.
7. RIGHT OF TENANT IN CASE FAILURE FO LANDLORD OR
EFFECT OF NON-FULFILLMENT OF OBLIGATION BY LANDLORD :
If a landlord neglects or fails to fulfill and obligation under this act or the
tenancy agreement, the tenant may file an application in the Rent Tribunal for
an order directing the landlord to fulfill the obligation.

If a landlord fails to pay a tax, fee or charge relating to the premises , the
concerned authority may direct the tenant to pay tax, fee or charge and defray
the amount from rent or file an application against the landlord in the Rent
Tribunal for the recovery of the amount of tax, fee or charge paid to him.

8. DUTY OF TRIBUNAL IN CASE OF FAILURE OF LANDLORD:

The Rent Tribunal may :
i. If a tenant has been in enjoyment of an amenity, utility or
easement which has been cut off, suspended or withheld without
just or sufficient cause, make an order directing the landlord to
restore the amenity, utility or easement ;
ii. 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.
iii. If a landlord has failed to keep the premises in habitual condition,
or to make necessary repairs, direct that such repairs may be the
tenant at his expense and defray the expense allowed by the Rent
Tribunal from the rent .

9. OBLIGATION OF TENANT :
[Under Section : 13 ]

Subject to the tenancy agreement, a tenant shall ;

Keep the premises in the condition in which it was let out except for
normal wear and tear;
Use the premises for the purposes for which it was let out ;
Allow the landlord to enter the premises for the purpose for
inspection or repair
Hand over the vacant possession of the premises to the landlord on
the determination of tenancy
Not cause nuisance to the neighbor of the premises
 A tenant shall not sublet the whole or part of the premises or
transfer or assign a right under tenancy ,without prior written
permission of the landlord.
Not make structural changes in the premises without the prior
consent of the landlord.

10. RIGHT OF LANDLORD OR

EFFECT OF NON-FULFILLMENT OF OBLIGATION BY TENANT
If a tenant fails to fulfill an obligation under this act or the tenancy
agreement , the landlord may 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.
A landlord may file an application to a Rent Tribunal for an order directing
the tenant to fulfill the obligation or may seek eviction of the tenant.

11. ANALYSIS :
2012 YLR 2293

“Expiry of tenancy agreement ,tenant continued in rent premises as

tenant there for he was bound by terms and condition for earlier
agreement between the parties.”

PLD 2011 Lah. 531

“Deposit of arrears of rent in time but delay one day of future rent.
Delay of day cannot be termed as willful.”