Short Answer

The repair authorization for a rented flat requiring major repairs is typically granted by the landlord or the owner of the property.

Detailed Explanation

Section 108 of the Transfer of Property Act, 1882, which is applicable in Gujarat, states that the lessor (landlord) is responsible for maintaining the property in a habitable condition. This means that the landlord has the authority to authorize major repairs on the rented premises. In practice, the landlord or the property owner would need to assess the repair requirements, determine the scope of work, and then provide authorization for the repairs to be carried out.

In real-world scenarios, if a rented flat requires major repairs such as structural renovations, plumbing overhauls, or electrical rewiring, the landlord would need to be informed. The landlord would then evaluate the situation, possibly consult with the tenant on the necessity of the repairs, and then authorize the repair work to commence. The landlord may also bear the costs of such major repairs, depending on the terms of the tenancy agreement.

For a step-by-step process, once the need for major repairs is identified, the tenant should formally notify the landlord in writing, specifying the nature of the repairs required. The landlord would then inspect the premises, assess the repair needs, and provide written authorization for the repairs to be conducted. The repair work can then be carried out by authorized professionals under the supervision of the landlord.

Practical Examples

• Scenario 1: A rented flat experiences a severe water leakage issue requiring extensive plumbing repairs. The tenant informs the landlord, who inspects the problem, authorizes the repairs, and arranges for a licensed plumber to fix the issue.

• Scenario 2: Structural cracks are discovered in a rented flat, indicating the need for immediate repairs. The landlord is notified, assesses the situation, authorizes the repairs, and engages a qualified contractor to undertake the structural repairs.

• Scenario 3: The electrical wiring in a rented flat is found to be faulty, posing a safety hazard. Upon notification by the tenant, the landlord approves the necessary electrical repairs, ensuring the work is carried out by a certified electrician.

References

• Section 108 of the Transfer of Property Act, 1882: Official PDF