Short Answer

The responsibility for utility bills (water, electricity) when a flat is rented typically falls on the tenant.

Detailed Explanation

As per Section 108 of the Transfer of Property Act, 1882, the tenant is generally responsible for payment of utility bills, including water and electricity charges, unless there is a specific agreement stating otherwise. In practice, this means that unless the rental agreement specifies otherwise, the tenant is expected to pay for the utilities consumed during the tenancy period.

Additionally, Rule 25 of the Gujarat Cooperative Societies Rules, 1965, provides guidelines for cooperative housing societies regarding the maintenance and management of common services, including utilities. While this rule primarily focuses on the responsibilities of the society, it indirectly impacts tenants as well. Cooperative societies often have regulations in place that outline the distribution of utility charges among residents, which can include tenants.

In real-world scenarios, disputes may arise between landlords and tenants regarding utility bill payments. To avoid conflicts, it is advisable for both parties to clearly outline the responsibilities related to utility bills in the rental agreement. Landlords can include clauses specifying whether the rent includes utility charges or if tenants are required to pay separately.

For example, if a rental agreement states that the rent is all-inclusive and covers utility bills, the landlord would be responsible for paying the water and electricity charges. On the other hand, if the agreement specifies that the tenant is responsible for utilities, then the tenant would need to pay these bills directly to the service providers.

In cases where there is no clear agreement on utility bill payments, it is recommended to refer to the relevant provisions of the Transfer of Property Act, 1882, and the Gujarat Cooperative Societies Rules, 1965, to determine the default responsibilities of landlords and tenants.

References

• Section 108 of the Transfer of Property Act, 1882

• Rule 25 of the Gujarat Cooperative Societies Rules, 1965