• Water supply

We are the landlords of a building in Mumbai. We have 8 tenants. We have made sure that the Municipal corporation water supply is given to every tenants house. Plus we have made sure that the common water tanks on the terrace are full at the time the Corporation opens the taps at night and each tenant gets the connection from this common water tank in their houses. This is the arrangement since several years and we have not received major complains all these years. We are also ok to let them construct small private water tanks for storage on their lofts also. 
But some of the tenants are complaining that they dont get enough water still. We have said that its summer time and water usage might be more resulting in shortage. Is it the legal liability of the landlords to ensure that enough water is provided to the tenants upto their satisfaction?? OR once we give the basic amenities like corporation water supply and and water connection from the terrace lofts, our legal liability is completed.
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Sir,

Under the landlord-tenant act, a landlord is responsible for providing the tenant with running water. The landlord is also responsible for providing adequate heat in the cold months, air conditioning in the warm months (if the unit has central air conditioning) and hot water. Units in which these utilities are directly installed and can only be directly controlled by the tenant and are connected directly to a public utility do not have to follow this rule.

Thank you

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Anik Miu
Advocate, Bangalore
10401 Answers
121 Consultations

- As per law, it is the duty of the landlord to give water and electric connection to the tenant , and which you have already fulfilled .

- Further , if the tenants utility not fulfilled by the supply of the water board , then you are not responsible for the same , and the tenant should arrange themselves , and you are not under obligation for the same. 

- Further, on this ground the tenant cannot file a compliant against you , if he having his separate connection. 

- However, you can check the connections of supply so that he may get the sufficient amount of water. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

1. It's the liability of the landlord to provide water for drinking and for other purposes, such as bathing, toilet, washing the clothes, etc. However, it depends on the availability of water source and supply.

2.  Since you have made sure that the water supply to each and every tenant from the municipal corporation has been made, then your legal liability ends there.

Shashidhar S. Sastry
Advocate, Bangalore
5460 Answers
330 Consultations

If the tenants feel that the water supply is less then nothing stops them from applying for an additional water supply to their houses from the BMC. 

The landlord can give the NOC. 

If the tenants want that the landlord supply additional water then the landlord is entitled to raise the rent in terms of section 11 of the rent act

The tenants thus cannot complaint to the landlord and hold him legally liable. 

 

Yusuf Rampurawala
Advocate, Mumbai
7757 Answers
79 Consultations

It is not your responsibility 

 

2) if there is shortage of water supply from BMC tenants can call for tankers if they so desire 

Ajay Sethi
Advocate, Mumbai
97545 Answers
7892 Consultations

Answer would still be the same 

Ajay Sethi
Advocate, Mumbai
97545 Answers
7892 Consultations

Water shortage is global crisis. It is sufficient that everyone gets water to satisfy basic needs not that as much water supply as wanted by an inmate. You are discharging you legal obligation fully. No case against you for not providing sufficient water can be made out.

Ravi Shinde
Advocate, Hyderabad
4446 Answers
42 Consultations

In that case your responsibility is further reduced as it is leave and license arrangement.  Tenants are liable to make their arrangements.

Ravi Shinde
Advocate, Hyderabad
4446 Answers
42 Consultations

My answer remains same 

Yusuf Rampurawala
Advocate, Mumbai
7757 Answers
79 Consultations

The arrangements what you have made as a landlord to provide the basic amenities to the tenants are ample proofs tht you have neglected their interests, hence if at all any tenant is having any complaint in this regard, he has to manage himself as per the prevailing situation.

You have not done any partiality to any tenant particularly hence you can't be held liable for such claims.

Moreover a tenant cannot expect the landlord to supply water when it is the duty of the corporation to supply water. 

If the tenant is not comfortable and would like to vacate, you can ask him to vacate and find a better place as per his choice.

You, as a landlord, do not have to come down far below or else the tenants would take advantage over you on your weakness and start dictating terms even on silly issues. 

T Kalaiselvan
Advocate, Vellore
87745 Answers
2358 Consultations

Even under pagdi system tenancy, the landlord is not expected to fulfill the unjustified needs of the tenant.

If the tenant is not feeling comfortable let thim approach court because the landlord cannot be expected to supply water to fulfill the extra ordinary needs of the tenants especially when the corporation water supply is restricted to that extent. 

The tenant has to make his own arrangements to this excess requirement of water, you can ask then to take action legally which can be challenged legally as per law. 

T Kalaiselvan
Advocate, Vellore
87745 Answers
2358 Consultations

Dear Sir,

In case of the pagadi system, you are not liable to ensure enough water is provided according to tenant's will because the amount of rent you recieve under this system is very nominal. 

Thank you,


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Anik Miu
Advocate, Bangalore
10401 Answers
121 Consultations

-    As per law, it is your duty to provide water and electric connection to the tenant.

you already did this.

 

-    But if water supply from water board is not in anybody control so if supply is less then you are not responsible.  

 

-    But you allowed them to construct small private water tanks for storage on their lofts.They might be using small water pumps to fill their private water tanks. You can install separate water meters so that it can show who is using more water and can be asked to pay more.

 

-    In Pagdi system you don’t have to do anything.  

Ankur Goel
Advocate, Bangalore
454 Answers

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