DILAPIDATION

DILAPIDATION IS UNDERSTOOD AS A STATE OF DISREPAIR STATE OF DISREPAIR MAY ARISE DUE TO NEGLECT TO CARRY OUT REPAIRS WHEREBY THE BUILDING BECOMES DILAPIDATED OR REACHES A RUINOUS CONDITION. EXAMPLE: TO STOP LEAKAGES OF WATER FROM A TOILET BLOCK.IF NOT ATTENDED IN TIME,IT WILL AFFECT A FEW OF THE TIMBER JOISTS, BEAMS AND POST OF THE TOILET BLOCK WHICH WILL ASSUME STRUCTURAL REPAIRS. NEGLECT IN ATTENDING THE ABOVE STRUCTURAL REPAIRS RESULT IN DILAPIDATION CONDITION.

IN CASE OF R.C.C EFFECTS REINFORCEMENT OTHER CAUSES OF DILAPIDATIONS ARE : WRONG ACT OF THE TENANTS LIKE MAKING USE OF RESIDENTIAL PREMISES FOR STORAGE PURPOSES. REMOVAL OF CERTAIN STRUCTURE FOR BUSINESS PURPOSES.

DEFINATION OF DILAPIDATION : MEANS WASTEFUL DESTROYING OR LETTING A BUILDING RUN TO RUIN AND DECAY FOR WANT OF REPARATION. DILAPIDATION IS CONFINED TO BUILDING AND IS EITHER : a)AN ACT OF DESTRUCTION,OR b)AN OMMISION TO REPAIR OR c)STATE OF DISREPAIR OF THE BUILDING d)DEFECTIVE CONDITION OF THE BUILDING

SCHEDULE OF DILAPIDATION

SCHEDULAE OF DILAPIDATION LIABILITY OF DILAPIDATIONS DUE TO DISREPAIR HAS BEEN CAST UPON THE LANDLORD LANDLORD WILL PAY THE REPAIR COST, TENANTS WILL CARRYOUT THE REPAIR WORKS IF THE BUILDING CONDITION IS BAD LANDLORD WILL GIVE THE PERMISSION TO DEMOLISH THE BUILDING AND REBUILD IT. ARCHITECTS & ENGINEERS ARE INVITED TO PREPARE SCHEDULE OF DILAPIDATION.

REPORT ON SCHEDULE OF DILAPIDATION

On Preparing a report on schedule of dilapidation Thorough inspection of the building room by room Notes should be made of all those portion of the building which are in state of disrepair Short description and detailed measurement of the part of the building. Ascertain the age of the building,its user and the locality in which it is situated.

INSPECTION PROCEDURE

INSPECTION IS USUALLY TANKEN FROM THE ROOF OR TOP FLOOR TO GROUND FLOOR ALL THE EXTERNAL FACES INTERNAL FACES DRINAGE AND PLUMBING WORKS FIRST FLOOR ROOF CONDITION OF MANGALORE TILES AND TIMBER BATTENS,ENDS OF PURLINS AND TIE BEAMS OF ROOF TRUSSES LEAKAGE FROM ROOF AND ROOF GUTTERS

CONDITION OF TIMBER POSTS OR WALLS SUPPORTING THE TRUSS. GENERAL CONDITION OF THE WALLS AND PLASTER WORK WOOD WORK OF DOORS ANDWINDOWS FLOOR : IT IS SAGGED OR NOT. SEPERATION AT THE JUNCTIONOF WALLS AND FLOORS STAIRCASE : CONDITION OF WOOD WORK OF STEPS,STRINGER BEAMS ANDLANDINGS

CONDITION OF WOODEN HAND RAIL GROUND FLOOR CONDITION OF CEILING,TIMBER,JOISTS AND BEAMS (SPECIALLY THEIR ENDS LEVEL OF CEILING CRACKS IN WALLS AND PLASTER WORK. CONDITION OF DOORS AND WINDOWS FOUR SIDE ELEVATIONS CONDITIONOFWALL,CRACKS,PLASTER,LINE, CRACKS IN PLINTH,CRACKS DUE TO UNEVEN SETTLEMENT OF FOUNDATIONS

SANITARY BLOCK LEAKAGE FROM BATHS, W.C’S THEIR STRUCTURAL CONDITIONS,MISSING AND BROKEN FIXTURES INCLUDING THE CONDITIONS OF PIPE LINES. DRAINAGE ARRANGEMENT WHETHER OVEFLOWS OR NOT,CONDITION OF SEPTIC TANK,SOAK PIT,INSPECTION CHAMBERS. GENERAL CONDITION OF ELECTRIC FITTINGS. IN CASE OF FLAT TERRACE, CRACKS IN TERRACE CONDITION OF PAVEMENT AND PARAPET WALL, LEAKAGE FROM TERRACE,NO. OF RAIN WATER PIPES.

DILAPIDATION REPORT IS GENERLLY PREPARED KEEPING IN MIND ALL THE ABOVE FACTORS ON THIS BASIS ESTIMATED COST OF THE REPAIRS SHOULD BE WORKED OUT, INORDER TO ASCERTAIN WHETHER REPAIRS TO THE BUILDING ARE ECONOMICAL OR NOT.

DILAPIDATION COST

IF THE COST OF THE REPAIRS EXCEEDS EIGHT YEARS OF GROSS RENT,THE BUILDING IS UNECONOMICAL FOR REPIRS AND REQUIRS PULLING DOWN. WHEN IT HAS COMPLETED ITS ECONOMICAL LIFE. IF THE FULL POTENTIALITY OF THE LAND IS NOT UTILISED, THE DILAPIDATED BUILDING WILL BE ENCUMBERING THE LAND AND WILL RESULT IN UNECONOMIC RETURNS. IF THE LAND IS NOT PUT TO THE BENEFICIAL USE WHICH IS PERMISSBLE, THE BUILDING SHOULD BE PULLED DOWN AS MONEY SPENT ON REPAIRS WILL BE ECONOMIC WASTE.

RIGHTS OF LANDLORDS TO DEMOLISH A TENANTED BUILDING

BOMBAY RENT CONTROL ACT, 1947 LANDLORDS RIGHT TO DEMOLISH A TENANTED BUILDING IN TWO CIRCUMSTANCE APPLICABLE TO DILAPIDATED OR BUILDING IN RUINOUS CONDITION APPLICABLE IRRESPECTIVE OF THE PHYSICAL CONDITION OF THE BUILDING

1). When demolition is ordered by local authority or other competent authority Local authority does not issue demolition order Unless the bldg. has reached a ruinous condition Where repair is impossible economic proposition Or part of the bldg.has collapsed. Repair agency like “Repair Board” will carry out the

Where the premises consists of not more than two floors and bldg.is required reasonably and bonafide for the purpose of erecting a new building in place, the court will grant permission to demolish such premises. Application of the landlord addressed to chief engineer,requesting for issue certificate to demolish under Bombay rent control Act,1947. Landlords authority on stamp paper authorizing his agent to deal with case. Statement in duplicate of names of tenants,rent paid by them,room numbers,floor and user of the premises,whether is residential or nonresidential, if it is nonresidential then which type

Certified copies of the set approved plans from Municipal corporation The plans of the proposed bldg. Estimated cost of the building in duplicate duly signed by the architect. The new bldg.should contain not less than two times the no.of existing residential tenements and not less than two times The existing floor area. The landlord has to declare that he is prepared to let the tenements in the new bldg. to his tenants of the bldg. Sought to be demolished.

WASTE TO THE PROPERTY

Waste to the property means damage to the land or bldgs.committed by a person in temporary possession of the premises called the tenant by means of his acts of injuries Whereby : Value of property is diminished. Increase burden of repairs on the landlord Ex: constructing masonry water tank over the terrace. Ex : storage godown used by the tenants. Pulling down a building,raising roof height,overloading of premises are all act of waste.

Waste to the property is an important ingredient in the relationship of tenant and landlord. Bombay rent act section 13 of the said act provides a number of condition to the tenant out of which 2 condition pertain to wastes are Tenant cannot erect permanent structure without permission of landlord Tenant must not change the user of the premises pull down or damage the bldg. Or commit any other act which is destructive or permanent injurious to the premises.

Waste defined Means the damage to the land or building 1) committed by positive acts of injuries or 2) By wilful neglect or omission to take care of the premises by not attending to the repairs from time to time whereby the bldg. Falls in the state of decay or ruin, resulting in depreciating of its value. Waste is divisible in to two main classes : 1) Voluntary waste 2) Permissive waste

Voluantary waste ( waste by reason of Commission ) Damage caused to the land or bldg. By the positive acts of injuries by the tenant. Ex :pulling down the bldg. Or altering the premises or destroying or removing “ fixtures “ except those which the tenant has right to remove.Tenant is responsible for the act. Permissive waste ( Waste by reasons of Omission) Damage caused to the bldg. By wilful neglect or omission to take care of the premises. Ex: In the balcony where there isno bath room and if the tenant erect bathroom, it will be permanent structure which is an act of waste.

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