Who will be liable if the building collapses

Question

Who will be liable if the building collapses

15-May-2023 (In Property Law)

i had purchased a tenanted property in 2006. the said property is in post office reservation & no f.s.i balance and building is in depleted condition . tenant are not paying rent. BMC had put notice on property regarding depleted status i had asked the tenant to give construction cost so that i can give them new house first they agreed now they are not ready to pay the construction cost. my question is that if building collapse in monsoon what will be the legal consequence on me as landlord

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2016-05-15T10:15:39+05:30

Landlord to be held responsible for an injury on the premises, the landlord or property manager must have been negligent in maintaining the property, and that negligence must have caused the injury. All of the following must be proven for a landlord to be held liable:
•   It was the landlord's responsibility to maintain the portion of premises that caused the accident.
•   The landlord failed to take reasonable steps to avert the accident.
•   Fixing the problem (or at least giving adequate warnings) would not have been unreasonably expensive or difficult.
•   A serious injury was the probable consequence of not fixing the problem (the accident was foreseeable).
•   The landlord's failure, his negligence caused the tenant's accident.
•   The tenant was genuinely hurt.