Citizens' Issues
Landlords Must Lord it Over their Properties
The rights and duties of a landlord were the subject of a recent conference. One of the owners discussed the probability of leasing out his property in a building. In his rush for earning a goodly sum, he insisted that he could not be held liable for any activities that his lessee indulged in. Most of the conferees agreed with him. This author did not.
 
As with all idioms, parables and sayings, each one has an equal and opposite version. Equally emphatic. Is not a man’s home his castle? Can he not do whatever he likes with it? Including that final and supreme right of ownership; destruction? 
 
On the other hand, can the castle owner, by his actions, blithely disturb the peace of others? Especially that of his neighbours’? A right, in conflict with a duty, becomes the topic of the day.
 
In a classic case, Lawrence vs Coventry, the Supreme Court in the UK held that, to be liable for a nuisance committed by its tenant, a landlord a) must have authorised the nuisance through active involvement, or b) while knowing of the probability of a nuisance (being caused). 
 
The howling dog and the abusive licensee, in Cocking vs Eacott, is a more recent case. It, too, was judged in England, in appeal. It decided whether a licensor was liable for a nuisance committed by her daughter, a licensee. Especially when the mother was put on notice.
 
You be the judge. 
 
Would you hold either owner responsible, or not? Also, ask what would make the difference; knowledge, complaints or reasonable doubt, or the lack of these.
In both judgements, the courts were clear on one thing. Nuisance must be stopped. Liability rests with the nuisance creator, for sure. But it also rests with the owner, if he has knowledge of the nuisance, if he should have foreseen the possibility, or if he were actively involved. In other words, it is the owner’s vicarious responsibility to ensure civil and legal use of his property. If a man’s home is his castle, so is the neighbour’s home the latter’s castle. 
 
Much as it may disturb many readers who feel that they are entitled to income from their property, no matter what, no man is an island. Each of us owes a duty, and a duty of care, to others in society. Therefore, liability may arise out of connivance, encouragement, by consideration, misplaced ideology, Nelson’s eye, negligence, carelessness, spite, aiding, abetting or any other excuse. But the sins of the tenant must visit upon the owner and pay he must, if possible with the former in tow.
 
The simple test for this would be thus. Primary responsibility lies with the person whose name appears on the 7/12 extract or any other title paper.
Could this apply to cooperative housing societies (CHSs)? Would the management be a party to the suit? In our opinion, yes. No matter what one means by ‘ownership flat’, the property belongs to the CHS. The members are shareholders, enjoying the fruits thereof. It is then the CHS’s duty to maintain peace and harmony, deter and stop illegal activities, and hold the ‘owner’ of the flat to answer.
 
One could well ask why it is so. Take a case in a state that bans liquor. A secluded house may make a nice speakeasy. The owner lets it out. Good returns; therefore, he asks no questions. Even if he did inquire, he may pretend not to know. The place is raided. As is common, the bootlegger escapes. What are the authorities supposed to do? Close the case? Say that the occupants could not be apprehended? The same story every time? We come back to our favourite maxim; ‘If there is a malady, there has to be a remedy’. The law was broken; so all, including the owner, have to pay.
 
The case laws on nuisance form an interesting body of judgements in what is called ‘The Law on Torts’. It was finely developed in the UK, over generations and now the American lawyers have made it into their own Las Vegas. India is catching up and rightfully so. So, if you own property, remember that with great ownership comes greater responsibility. 

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COMMENTS

Ralph Rau

5 months ago

It is unfortunate though that we have this new Nationalist government which makes the Hindutva racial supremacy its official hallmark. Hindus, Buddhists, Muslims, Christians, Sikhs - we are all plagued by same HUMAN frailties - hunger, jealousy, greed, lust, fear of death.
We have so much in common, other than a tribal belief that we are racially or religiously superior.
Its a survival instinct where we live in growing circles of selfishness. Look after yourself first, then your family, then your community-state-country...in that order.

PRAKASH D. BASRUR

5 months ago

The mute point is not the law of the land but the people born and brought up over there ! One thing that strikes me when I holiday abroad is the inherent respect for and adherence to it that the westerners have ! We "Bharatwasi" have to learn a lot from them. Even the most educated as well as rich "Bharatiyas" take pride in flouting the laws in India that is Bharat !

REPLY

Bapoo Malcolm

In Reply to PRAKASH D. BASRUR 5 months ago

Am sure you must have heard of our "Sanskruti". How we are born and put on this earth just to teach morals and morality to the rest of humanity. We, the chosen people, selected to point fingers at others, denounce everything 'forin', tell the world how we invented the aeroplane; initiated plastic surgery, in fact everything that the other countries wrongly take credit for. We do not break laws, all laws. We are individual saints, displaying our democratic independence, where lying is no longer an art form. It is our way of life. Haven't you heard of our "Sanskruti"?

Ralph Rau

In Reply to Bapoo Malcolm 5 months ago

But Mr Malcolm we all have our deficiencies. Of course it is not ideal that our homes are clean while our streets are filthy.
At a deeper level we have our prejudices against our fellow man as evidenced by the caste system. But the most powerful democracy has extreme racism against Blacks and now thanks to Trump, against Latinos.
Our slums are a good indication of our Sanskruti. In the midst of extreme poverty. They experience such low levels of crime compared to equivalent slums in Johannesburg, Rio De Janeiro or "inner-city" areas in the USofA. Thank goodness for gun-control.
We do need to figure out how to end the endemic monetary (if not moral) corruption at all levels starting from the lowest level clerk and lowest level policeman. The minimum salary of Rs 18000 per latest pay commission is a hopeful start.

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SC junks PIL on WhatsApp decoder key
The Supreme Court on Wednesday dismissed a plea seeking its direction to the government to seek a private key from WhatsApp and similar applications to decode and access their content in times of need.
 
A bench of Chief Justice T.S. Thakur and Justice A.M. Khanwilkar asked petitioner Sudhir Yadav to approach the appropriate authorities.
 
Yadav -- a Haryana-based Right to Information (RTI) activist -- said he was not asking for a ban on WhatsApp and other similar applications but wanted the government to ask them to share their private key if and when required.
 
He said this was similar to what the government had insisted vis-a-vis on BlackBerry.
 
Yadav said that in the absences of the private key, it would take the government years to access a message.
 
The petitioner in his public interest litigation said that WhatsApp has from April started to enable its every message with 256-bit encryption that cannot be broken into.
 
"Even if WhatsApp was asked to break through an individual's message to hand over the data to the government, it too will fail as it does not have the decryption keys," Yadav said in his petition.
 
Other messaging platforms such as Hike, Secure Chat, Viber and a few others are also using high encryption and constitute a threat to national security, Yadav contended.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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