Problem Based on Contract and Solution-6

Indian Contract Act, 1872

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Problem Based on Contract and Solution-6

Tanmoy Mukherjee

Advocate

Question-

X, tenant has occupied the 10th floor of a building. The owner of the building has failed to maintain the lift in order. X claims damages therefor. The owner pleads that there has been no provision in the contract as to the obligation of the owner for maintaining the lift in order. Can the owner avoid the liability on this ground?

Fact-

-Mr. X is tenant of 10th floor.

-The lift is not maintained by the owner causing Mr. X loss or damage.

The owner argues that since the contract of tenancy does not contain any clause requiring him to maintain the lift, he is not liable on this ground.

Issue-

The question is whether the owner can avoid liability on this ground.

Legal position-

Even if the contract is silent regarding landlord/owner lift maintenance, the owner/ landlord has an implied duty to keep essential common areas and facilities in a reasonably good condition.

These duties arise from:

Implied warranty of fitness-

 A tenant pays rents not only for the room but also the necessary amenities attached to the use of the premises, such as staircase, lift, water supply, electricity, etc.

If a tenant is placed on the 10th floor, lift service becomes a necessary facility, and its maintenance is an implied obligation of the landlord.

Landlord's duty to maintain common areas-

 Under general principles of landlord tenant laws, the landlord is responsible for the maintenance of —

→Common passages

→Staircases

→Lifts

→Safety systems.

The tenant pays rents expecting these essential services to function.

Silence in contract does not exempt Liability-

Merely because the contract does not expressly provide for the maintenance of the lift, the owner cannot escape this responsibility. Courts have held that essential services cannot be neglected even if not expressly written.

Conclusion-

No, the owner cannot avoid liability. The duty to maintain the lift is an implied contractual duty and statutory obligation.

Failure to maintain the lift amounts to negligence and breach of the landlord's duty.

Mr. X is entitled to claim damages.