- 07-Jun-2025
- Cyber and Technology Law
If a tenant is promised certain facilities or amenities by the landlord in the rental agreement, and the landlord fails to provide them, the tenant may have a right to claim compensation. The legal recourse depends on the specific terms of the agreement, the nature of the breach, and the jurisdiction's tenant protection laws. Compensation can be claimed under contract law or consumer protection laws, particularly if the failure significantly affects the tenant's living conditions or violates promised services.
If the landlord fails to provide promised facilities (such as water supply, electricity, security services, or maintenance), it may be considered a breach of contract under the Indian Contract Act, 1872. The tenant can seek compensation for damages caused by the breach, especially if the failure causes inconvenience, discomfort, or financial loss to the tenant.
A rental agreement serves as a legal contract, and if the landlord fails to uphold their obligations under the agreement, the tenant may claim compensation for the losses suffered due to the lack of promised services or facilities.
Under the Consumer Protection Act, 2019, tenants can be considered consumers because they pay rent in exchange for services, including the provision of facilities in the rented property. If the landlord fails to provide these facilities, it can be treated as deficiency in service.
Tenants can file a complaint with the Consumer Forum for compensation. If the consumer forum rules in favor of the tenant, they may be entitled to a refund of rent, compensation for discomfort, and possibly interest on the amount.
Tenants have a right to a safe, secure, and habitable living environment. If promised facilities like water, electricity, sanitation, or maintenance services are not provided, the tenant may argue that the landlord has violated their right to habitability.
In such cases, tenants can either seek compensation through the court system or file a complaint with the local Rent Control Authorities, depending on the specific circumstances and the location of the property.
The tenant should keep a record of the facilities promised in the rental agreement and any communication with the landlord regarding the issue (e.g., emails, messages, or letters).
Taking photographs or videos of the lack of promised facilities (such as a broken water supply, unmaintained property, etc.) can serve as valuable evidence if the case is taken to court or a consumer forum.
The tenant should first inform the landlord in writing about the breach of facilities or promises. The landlord should be given a reasonable time to rectify the issue.
If the landlord does not address the issue or refuses to provide the promised facilities, the tenant can proceed with further legal action.
If the landlord fails to resolve the issue, the tenant can file a complaint with the Consumer Court under the Consumer Protection Act, 2019, for deficiency in service.
Alternatively, the tenant may approach the civil court to seek compensation under the Indian Contract Act, depending on the specifics of the case.
If the issue is related to a specific local law or Rent Control Act, the tenant can seek redress through the appropriate rent control authority.
In addition to seeking compensation for damages, tenants may also claim compensation for the inconvenience caused due to the landlord's failure to maintain the property or provide basic amenities. This includes potential claims for discomfort or emotional distress.
A tenant in Mumbai rents a flat where the landlord promises that the flat will have 24/7 water supply and proper electrical connections. However, the tenant faces interrupted water supply for months and frequent power outages. Despite multiple complaints, the landlord does not address the issue. The tenant can document these problems, send a written notice to the landlord, and if the issue remains unresolved, file a consumer complaint under the Consumer Protection Act or file a civil suit for breach of contract. If the case is successful, the tenant may be entitled to compensation for the inconvenience and reduced living standards caused by the landlord’s failure to provide the promised facilities.
If a landlord fails to provide the facilities promised in the rental agreement, the tenant has legal recourse to claim compensation under contract law or the Consumer Protection Act. The tenant should document the breach, notify the landlord, and, if necessary, file a complaint or legal claim for damages and inconvenience caused. This ensures that tenants are protected against any violation of their rights and can receive fair compensation for their suffering or financial loss.
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