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Section 12: Failure by landlord to make necessary repairs

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 11 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 13

Legal Commentary & Landmark Judgments: Section 12

Section 12 empowers the Rent Controller to authorize the tenant to carry out necessary repairs other than structural alterations at the landlord's expense and deduct the cost from payable rent upon the landlord's failure to maintain the property.

  • Landlord's Statutory Obligation of Upkeep: Establishes the landlord's duty to maintain tenanted premises in a habitable, functional, and wind-and-water-tight condition through timely execution of necessary repairs.
  • Strict Exclusion of Structural Alterations: Confines Section 12 relief strictly to 'necessary repairs', explicitly barring the tenant from executing structural alterations, structural remodeling, or new construction under the guise of repairs.
  • Quasi-Judicial Authorization and Rent Deduction: Requires an application to the Controller, summary inquiry, and formal order authorizing the tenant to execute repairs and deduct substantiated expenses from future rent.
Key Landmark Precedents:
  • Rameshwar Dass v. Maya Devi, 1983 (1) RCR (Rent) 448 (P&H): Held that Section 12 is restricted to routine and necessary upkeep to keep premises habitable; the tenant cannot undertake structural alterations or reconstruct roofs under the pretext of necessary repairs without landlord and municipal consent.
  • Kalyan Singh v. Jagdish Rai, 1992 (1) RCR (Rent) 604 (P&H): Held that a tenant has no lawful authority to unilaterally execute repairs and withhold rent without obtaining prior authorization from the Rent Controller under Section 12.
  • Subhash Chander v. Krishan Lal, 2005 (1) RCR (Rent) 489 (P&H): Held that an unapproved Section 12 repair application cannot serve as a defense against an eviction petition filed under Section 13 for default in rent; statutory permission is a condition precedent to deduction.
Courtroom Practice & Strategic Litigation Guidance:

Never advise a tenant to execute repairs unilaterally and deduct costs from rent. File an urgent application under Section 12 before the Rent Controller, supported by an affidavit and inspection report from a certified civil engineer or architect detailing damage such as leakage, plaster detachment, or broken fixtures. Pray for appointment of a local commissioner to inspect the site and obtain an explicit order fixing the maximum repair budget.

Section 11 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 13