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THE DELHI RENT ACT, 1995

Title : THE DELHI RENT ACT, 1995

Year : 1995



(1) Subject to any contract in writing to the contrary, every landlord shall be bound to keep the premises in good and tenant able repairs in relation to matters falling under Part.A of Schedule III.

Explanation.-"Good and tenant able repairs" under this section and section 20 shall mean such repairs as shall keep the premises in the same coudition in which it was let out except for the normal wear and tear.

(2) Where any repairs, in relation to a. matter falling under Part A of Schedule III, without which the premises are not habitable or use able except with undue inconvenience are to be made and the landlord neglects or fails to make them within a period of three months after notice in writing, the tenant may apply to the Rent Authority for permission to make, such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon, the Rent Authority may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord:

Provided
that the amount so deducted or recoverable from rent in any year shall not exceed one-half of the rent payable by the tenant for that, year and any amount remaining not recovered in that year shall be deducted or recovered from rent in the subsequent years at the rate of not more than twenty-five per cent. of the rent for a month:

Provided further that where there are more than one premises owned by a, landlord in a building, :he tenants thereof may jointly carry out the repairs and share the expenses proportionately.

(3) Nothing in sub-section (2) shall apply to a premises which-

(a) At the time of letting out was not habitable or use able except with undue inconvenience and the tenant had agreed to take the same in that condition;

(b) After being let out was caused to be not habitable or use able except with undue inconvenience by the tenant.



(1) Every tenant shall be bound to keep the premises in good and tenant able repairs in relation to matters falling under Part B of Schedule III.

(2) Where any repairs, in relation to a matter falling under Part B of Schedule 111, without which the premises are not habitable or use able except with undue inconvenience, are to be made and the tenant neglects or fails to Make them within a period of two months after notice in writing, the landlord may apply to the Rent Authority for permission to make such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, there upon the Rent Authority may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making, such enquiries as he, may consider necessary, by an order in writing, permit the landlord to make, such repairs at such, cost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost,of such repairs,which shall in no case exceed the amount so specified, from the tenant.

(3) The landlord or a person authorised by him shall have the right to enter and inspect the premises after notice to the tenant in the manner prescribed.

(4) The tenant shall make good all damages caused to the premises by Ms negligence within three months of being informed in writing to do so by the landlord failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub-section (2).

(5) The tenant shall hand over the possession of the premises on determination of tenancy in the same condition, except for the normal wear and tear,as it was in when it was handed over to him at the beginning of such tenancy and in a case where certain damages have been caused, not being damages caused by force majeur, the tenant shall make good the damages caused to the premises failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub- section (2).

(6) The tenant shall not, whether during the subsistence of tenancy, or thereafter,demolish any improvement or alteration carried out by him in the premises or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the permission of the landlord failing which such demolition or alteration shall be deemed to be a damage caused by such tenant under sub-section (4) and shall be dealt with accordingly.



(1) No landlord or tenant, either by himself or through any person purporting to act ;on his behalf, shall, without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant or the landlord, as the case may be, in respect of the premises let to him, or as the case may be, under Ms own occupation.

(2) If a landlord or a tenant contravenes the provisions of sub- section (1) the tenant or the landlord, as the case may be, may make an application to the Rent Authority complaining of such contravention.

(3) If the Rent Authority is satisfied that the essential supply or service was willfully cut off or withheld, it may pass an order directing the restoration of the amenities immediately pending the inquiry referred to in sub-section (4).

Explanation.-An interim order may be passed under this sub- section without giving notice to the landlord or the tenant, as the case may be,

(4) If the Rent Authority on inquiry finds that the essential supply or service enjoyed by the tenant or the landlord was cut off or with held by the landlord or the tenant, as the case may be, willfully and without just and sufficient cause, he shall make an order directing the restoration of such supply or service.

(5) The Rent Authority shall complete an enquiry under sub-section (4) within a period of one month of filing of an application for enquiry unless the Rent Authority, for reasons to be recorded in writing, decides that it is not possible to complete the enquiry within such period.

(6) The Rent Authority may, in his discretion, direct that compensation not exceeding one thousand rupees be paid to-

(a) The landlord or the tenant, as the case may be, by the complainant if the application under sub-section (2) was made frivolously or vexatiously;

(b) The complainant, if the landlord or the tenant, as the case, may be, had cut off or withheld the supply or service without just and sufficient cause.

Explanation I.-In this section, "essential supply or service"includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation II,-For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord or the tenant as the case may be, on account of which the essential supply or service is cut off by a local authority or any other agency.

Last updated on September, 2016

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