Tenancy Series: Whitewashing and necessary repairs
A tenant in an urban area of Sindh has an array of protective laws ensuring that no injustice or inconvenience is caused to him – and to the landlord. One of such laws is the Section 12 of Sindh Rented Premises Ordinance, 1979 which casts a duty upon the landlord to maintain the premises by making such repairs or white-washing as may be necessary to keep the premises in proper shape. Here is the relevant extract of the section:
Subject to the agreement, if the landlord fails to make such repairs or white-washing as may be necessary to keep the premises in proper shape, the Controller may, on application made to him by the tenant and after such inquiry as the Controller deems fit to make, direct that such repairs or whitewashing may be made by the tenant and the cost thereof may be deducted from the rent payable to the landlord.
Section 12(1), SRPO
The landlord can, however, escape this liability by writing a clause in his agreement that the repairs/ paint would be done by the tenant at his costs. But in the absence of such agreement, the landlord has to pay the money. Similarly, if the government requires the landlord to make a necessary repair but he refuses to do it, the government can directly ask the tenant to do it. The tenant will then comply and deduct its costs from the rent.
So if you want to draft a strong rent agreement, do not hesitate to contact us. Or, if you are having problems with your landlord or your tenant, call/ email us and we will work towards a remedy.



