Section 44 of Delhi Rent Control Act, 1958: Landlord's Duty to Keep Premises in Good Repair
Section 44 of the Delhi Rent Control Act, 1958 places a statutory duty on a landlord to keep rented premises in good and tenantable repair. It also provides remedies where the landlord does not carry out required repairs after written notice.
What Section 44 provides
The provision addresses ordinary repairs as well as repairs necessary to make premises habitable or usable without undue inconvenience. The available remedy and the amount that may be deducted or recovered depend on the nature of the repairs and whether permission of the Controller is required.
Section 44(1): Duty of landlord
Every landlord is bound to keep the premises in good and tenantable repairs.
Section 44(2): Repairs after written notice
If the landlord neglects or fails, within a reasonable time after written notice, to make repairs which the landlord is bound to make under sub-section (1), the tenant may carry out those repairs and deduct the expense from rent or otherwise recover it from the landlord.
The statutory ceiling under this route is one-twelfth of the rent payable by the tenant for that year.
Section 44(3): Repairs needed for habitability or usability
Where repairs are necessary because, without them, the premises are not habitable or usable except with undue inconvenience, and the landlord fails to act after written notice, the tenant may apply to the Controller for permission to carry out the repairs and submit an estimate of their cost.
After giving the landlord an opportunity of being heard, considering the estimate and making such inquiry as considered necessary, the Controller may permit the tenant by written order to undertake repairs at the cost specified in the order. The tenant may then deduct that cost from rent or otherwise recover it, subject to the statutory limits.
For this procedure, the amount deducted or recoverable in a year cannot exceed one-half of the rent payable for that year. If further repairs are considered necessary by the Controller and the tenant agrees to bear the excess cost, the Controller may permit those repairs.
Meaning of important terms
Landlord: Section 2(e) broadly includes a person receiving or entitled to receive rent, whether on that person's own account or for another person, and a person who would be entitled to receive rent if the premises were let.
Premises: Section 2(i) covers a building or part of a building let or intended to be let separately for residential, commercial or other purposes, subject to the full statutory definition and exclusions.
Controller: Under Section 2(b), this means a Controller appointed under Section 35(1) and includes an Additional Controller appointed under Section 35(2).
Practical steps under Section 44
| Stage | What Section 44 requires or permits |
|---|---|
| Identify repairs | The repairs should fall within the landlord's obligation to keep the premises in good and tenantable repair. |
| Written notice | The tenant should give the landlord notice in writing and allow a reasonable time for the repairs. |
| Ordinary repair remedy | After failure to repair, the tenant may undertake repairs under Section 44(2), subject to the annual one-twelfth rent ceiling. |
| Serious habitability repairs | For repairs covered by Section 44(3), the tenant may apply to the Controller with an estimate and should obtain the Controller's permission before using that statutory route. |
| Keep records | Written notice, estimates, invoices, photographs and proof of payment may be useful in establishing the nature and cost of repairs. |
Key distinction between Section 44(2) and Section 44(3)
Section 44(2) deals generally with repairs the landlord is bound to make and limits the annual deduction or recovery to one-twelfth of the yearly rent. Section 44(3) specifically addresses repairs without which the premises are not habitable or usable except with undue inconvenience. That route involves an application to the Controller, an estimate, an opportunity for the landlord to be heard and a written order; its annual statutory ceiling is one-half of the yearly rent, subject to the further proviso concerning excess cost borne by the tenant.
Related provision
Section 45 deals separately with a landlord's cutting off or withholding of an essential supply or service. A repair dispute under Section 44 and an essential-service dispute under Section 45 should therefore be considered under their respective statutory requirements.
Legal note: This page provides general statutory information. Application of Section 44 depends on the facts, the tenancy and the relief sought. Refer to the current official text and applicable judicial decisions for a particular dispute.