My tenant has left an electricity bill of 48,000 rupees and has not paid it even after 4 months. Now, they are clearly stating that they will not pay the bill.
Is there any legal way I can take action against them? If anyone has any information or experience regarding this, please guide me.
In Pakistan, you have several legal avenues to address the situation where a tenant has failed to pay a substantial electricity bill. Your course of action depends on the specific laws and circumstances of your case, primarily focusing on tenancy laws and electricity regulations.
Legal Options and Considerations
Issuing a Legal Notice:
Begin by sending a formal legal notice to the tenant, demanding payment of the outstanding electricity bill within a specified period. This notice should clearly state the amount due, the period for which it is outstanding, and the consequences of non-payment.
Recovery under Tenancy Laws:
Sindh Rented Premises Ordinance, 1979: If your property is in Sindh, Section 2(i) defines rent to include electricity charges when payable to the landlord. If the tenant was required to pay you for electricity, non-payment can be considered a default in rent.
Eviction Proceeding:
You may initiate eviction proceedings based on the tenant’s failure to pay the electricity charges, treating it as a default in rent payment. The court will assess the terms of the tenancy agreement and the evidence of non-payment to determine if eviction is justified. Reference can be made to Muhammad Anwar v. Syed Muhammad Sadiq, 1993 CLC 1819, which clarifies that electricity charges are deemed rent when payable to the landlord.
Recovery Suit:
File a suit for the recovery of the outstanding amount. This can be done independently or in conjunction with eviction proceedings. Provide all relevant documents, such as the tenancy agreement, electricity bills, and payment records, to support your claim.
Disconnection of Electricity Supply:
The Electricity Act, 1910, Section 24 allows you to discontinue the electricity supply after providing a written notice of at least seven clear days to the consumer (tenant). This can be done without prejudice to your right to recover the outstanding amount through a suit or other means.
Ensure compliance with the notice requirements to avoid legal complications. This action can be particularly effective if the electricity connection is in your name as the property owner.
Sindh Rented Premises Ordinance, 1979:
Section 11 states that a landlord shall not discontinue or cause to be discontinued any service such as electricity, gas or water, except with the previous consent of the tenant or in compliance with the requisition of the concerned authority or after obtaining the direction of the Controller in this behalf.
Important Considerations
Tenancy Agreement: Review the tenancy agreement to ascertain the responsibilities of the tenant regarding utility payments. If the agreement stipulates that the tenant is responsible for these payments, it strengthens your case.
Evidence: Gather all relevant evidence, including copies of electricity bills, payment receipts (if any), the tenancy agreement, and communications with the tenant regarding the outstanding bill.
Legal Advice: Consult a lawyer specializing in property law or tenancy matters. They can provide advice tailored to your specific situation and guide you through the legal process.
Jurisdiction: Be mindful of the specific laws applicable in your province, as tenancy laws can vary. For instance, the Sindh Rented Premises Ordinance is specific to Sindh.
Case Laws to Support Your Position
Haseen v. Muhammad Ibrahim, 1984 CLC 791: reinforces the responsibility of landlords to maintain essential services, such as electricity, when the rent agreement includes charges for these services.
Messrs PAK ICE FACTORY v. WAPDA and others, 1987 M L D 2277: clarifies that electricity authorities have the right to recover outstanding dues from the registered consumer, even if the property is leased out.
Javaid Iqbal alias Khalid Mahmood versus The State and 7 others, 2015 YLR 1609: reinforces the principle that landlords cannot take the law into their own hands and must follow due process for eviction.
NASEELA SHAUKAT Versus NASIM ASGHAR, 2013 YLR 922: reaffirms the authority of the Rent Controller (Special Judge Rent) to determine and recover outstanding rent and utility dues from tenants until possession of the rented premises is handed over to the landlord.
Muhammad Anwar v. Syed Muhammad Sadiq, 1993 CLC 1819: clarifies the obligations of tenants and landlords in situations where there are strained relations and regular rent deposits are made in the Rent Controller’s office.
Conclusion
You have multiple legal options to pursue against a tenant who has defaulted on electricity bill payments. It is crucial to act promptly, gather all necessary evidence, and seek professional legal advice to navigate the legal process effectively. By following the prescribed legal procedures, you can protect your rights and recover the outstanding dues. With careful consideration and adherence to the relevant laws, you can take appropriate action against the defaulting tenant.