The Allahabad High Court has clarified the balance between tenant rights and public safety in a recent ruling. Ordering the eviction of a dangerously dilapidated building in Varanasi, the court held that public safety overrides tenancy protection. However, it reaffirmed that tenants remain entitled to habitable conditions and may seek necessary repairs from landlords.
When a landlord refuses repairs
Indian tenancy law draws a clear line between essential repairs and routine upkeep. Structural safety, plumbing failures, electrical faults and other habitability issues are typically the landlord’s responsibility, while minor fixes fall on the tenant.
“Landlords are expected to ensure that the premises remain safe and habitable, including structural repairs and essential services,” said Mayank Arora, partner at law firm Chambers of Bharat Chugh. Courts usually resist attempts to shift such obligations to tenants through vague contract clauses.
Tenants can recover costs but only under strict conditions.
“Repair cost deduction is allowed only for essential issues affecting habitability, and only after the landlord ignores written requests,” said Alay Razvi, managing partner, Accord Juris.
Raheel Patel, partner at Gandhi Law Associates, added: “Any unilateral deduction without process risks being treated as defaulting on rent under tenancy laws.”
Tenants should:
Give written notice and a reasonable time (typically 7–30 days)
Carry out only necessary repairs
Keep invoices, photographs, and estimates
Seek reimbursement or proportionate rent adjustment—not stop rent entirely
Where tenants go wrong
Most disputes turn costly due to procedural lapses.
“Tenants often rely on verbal communication or fail to maintain proof of expenses,” said Shashank Agarwal, founder, Legum Solis.
Others make riskier moves. “Stopping rent altogether or making unauthorised changes can quickly trigger eviction or financial loss,” said Prachi Dubey, advocate, Delhi High Court.
Razvi added that undertaking cosmetic upgrades or inflating costs weakens claims, while Patel noted that even using informal channels like WhatsApp instead of formal notice can hurt legal standing.
The safest route to follow
Experts agree that documentation and sequence matter are crucial in the dispute.
Tenants should first record the issue with photos, send a formal notice, allow time for response, and only then proceed with essential repairs. A follow-up notice for reimbursement or adjustment is critical before escalating the matter legally.
“The solution lies in clarity and process, not reaction,” Arora said, adding that well-drafted agreements and documented move-in conditions can prevent disputes altogether.
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