QAZI MUHAMMAD ASIF ALI

LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW

LECTURE 4

EVICTION AND DISPUTE SETTLEMENT MECHANISM

EVICTION AND DISPUTE SETTLEMENT MECHANISM

Eviction refers to the legal process through which a landlord removes a tenant from a property,
typically due to the tenant’s failure to adhere to the terms and conditions of the lease or rental
agreement. Common reasons for eviction include non-payment of rent, breach of contract, property
damage, or illegal activities on the premises. The eviction process typically involves serving a
formal notice to the tenant, outlining the specific grounds for eviction and the timeframe in which
the tenant must vacate the premises. If the tenant does not comply with the notice, the landlord
may initiate legal proceedings to regain possession of the property.

In many jurisdictions, eviction laws are designed to protect both landlords and tenants, ensuring
that the process is conducted fairly and legally. For example, landlords are generally required to
provide adequate notice and follow a specific legal procedure, which may include filing a court
petition, attending a hearing, and obtaining a court order for eviction. The tenant, on the other
hand, has the right to challenge the eviction in court, offering a defense or negotiating an alternative
arrangement, such as a payment plan for overdue rent or an extension to vacate the property.

Dispute settlement mechanisms are critical in resolving conflicts between landlords and tenants,
particularly in the context of eviction. These mechanisms can include negotiation, mediation,
arbitration, and litigation. Negotiation is often the first step in resolving disputes, where both
parties try to reach a mutually agreeable solution without the need for formal legal action.
Mediation, involving a neutral third party to facilitate dialogue and compromise, can also help
avoid lengthy legal battles. Arbitration, a more formalized process, involves a third-party arbitrator
making a binding decision after considering both parties’ arguments.

Litigation, where the dispute is taken to court, is generally the last resort if the previous methods
fail. The court will examine the merits of the case, including the validity of the eviction notice and
any defenses the tenant may present, before making a final ruling. It is essential for both landlords
and tenants to be aware of their rights and obligations under the law, as failure to follow the proper
eviction procedures or misuse of dispute settlement methods can result in legal consequences for
both parties.

Overall, the eviction and dispute settlement process aims to balance the interests of both landlords
and tenants, ensuring that eviction actions are justified, fair, and legally sound, while providing
mechanisms to resolve disagreements in a structured and equitable manner.

GROUND OF EVICTION:

Eviction is a legal process that occurs when a landlord seeks to remove a tenant from a rental
property. The grounds for eviction are varied and depend on the terms of the lease agreement and
the applicable laws in a given jurisdiction. While each legal system may have different regulations,

pg. 1
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
there are common grounds for eviction that landlords typically rely on when pursuing the removal
of tenants from their properties.

Following are the grounds for eviction of tenant:

1. NON-PAYMENT OF RENT

In Pakistan, non-payment of rent is one of the most common grounds for eviction. It occurs
when a tenant fails to pay the agreed-upon rent within the stipulated time period outlined in
the lease or rental agreement. The legal process governing non-payment of rent, along with the
rights and responsibilities of both tenants and landlords, is primarily regulated by The Sindh
Rented Premises Ordinance 1979. This law provides a framework for resolving disputes,
including non-payment of rent, ensuring that both tenants and landlords are treated fairly.

2. SUB-LETTING

Sub-letting refers to the practice where a tenant (the original lessee) rents out all or part of the
rented property to another party (sub-tenant) for a period of time. In Pakistan, the practice of
sub-letting is regulated under Sindh Rented Premises Ordinance 1979, This laws provide a
framework for the landlord-tenant relationship and set forth the rules governing sub-letting,
including whether it is permitted, the conditions for sub-letting, and the legal consequences of
violating these rules.

1. General Prohibition of Sub-letting

Under the rental laws of Pakistan, sub-letting is generally prohibited unless expressly allowed
by the landlord or the rental agreement. In most cases, a tenant cannot sub-let the rented
premises or any part thereof without obtaining prior written consent from the landlord. Sub-
letting without the landlord's permission can be considered a violation of the lease agreement
and may result in eviction proceedings.

For example, under The Sindh Rented Premises Ordinance, 1979, Section 15(1) stipulates
that a tenant is not allowed to sub-let the rented premises or any part of it without the prior
written consent of the landlord. If the tenant sublets the property without permission, the
landlord may have grounds to initiate eviction proceedings against the tenant.

2. The Requirement for Landlord’s Consent

The tenant must seek explicit, written consent from the landlord if they wish to sub-let the
property, or any part of it, to a third party. This consent should be obtained in advance and
should ideally be in the form of a written agreement, specifying the terms and conditions under
which the sub-letting arrangement will occur.

It is important for both the tenant and the landlord to ensure that any sub-letting agreement
adheres to the legal requirements and does not violate the terms of the original rental contract.

pg. 2
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
If the landlord refuses to give consent, the tenant cannot legally sub-let the premises, and doing
so would be considered an unlawful act under Pakistani tenancy laws.

3. Conditions for Sub-letting

When sub-letting is allowed by the landlord, there are certain conditions that should typically
be followed:

 Written Agreement: Both the tenant and the sub-tenant should enter into a written sub-
lease agreement that outlines the terms of the sub-letting arrangement, including the rent,
duration, responsibilities, and any restrictions on use of the property.
 Landlord Notification: Even if the landlord has given consent, the tenant may still be
required to formally notify the landlord in writing of the sub-tenant's details, including their
identity, the duration of the sub-letting arrangement, and other terms of the arrangement.
 No Transfer of Tenant’s Rights: The tenant’s rights and responsibilities under the
original lease agreement cannot be transferred to the sub-tenant. The tenant remains the
primary party responsible to the landlord for rent payments and property maintenance.
 Sub-tenant’s Compliance: The sub-tenant must comply with the terms of the original
lease, and any violations committed by the sub-tenant, such as unauthorized alterations or
damage to the property, can result in the original tenant being held responsible by the
landlord.

4. Sub-letting in Case of Commercial Property

In the case of commercial properties, sub-letting is often more common due to the need for
businesses to scale up or down. However, sub-letting of commercial property without the
landlord’s consent is still prohibited unless specified in the lease agreement. For commercial
leases, the same general rules apply: the tenant must obtain written consent from the landlord,
and the original tenant remains liable for the rent and other obligations under the lease
agreement.

Some commercial leases may even contain a provision that explicitly prohibits sub-letting
under any circumstances, or they may include restrictions on the type of sub-tenant (e.g.,
requiring the sub-tenant to be in a similar business or industry). In such cases, any attempt to
sub-let the property without the landlord's consent could result in a breach of the lease and
possible eviction.

5. Sub-letting in Residential Properties

In residential properties, sub-letting is generally viewed more cautiously, as it may lead to

overcrowding or changes in the character of the neighborhood. However, if the landlord allows
sub-letting, the same rules as for commercial properties apply. The tenant may sub-let to a third
party with the landlord’s prior written consent, and the tenant remains responsible for ensuring
that the sub-tenant complies with the terms of the original lease.

pg. 3
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
Additionally, residential tenancy laws in Pakistan often include clauses relating to the
suitability of the premises for sub-letting and the rights of the landlord to inspect the property
before granting permission for sub-letting. This ensures that the sub-letting does not cause
undue wear and tear on the property or disrupt the peaceful enjoyment of neighboring residents.

3. CHANGE OF USER

Change of user refers to the alteration in the purpose or use of a rented or leased property
from its originally agreed-upon purpose, such as converting a residential premises into a
commercial one, or using a property intended for office space as a warehouse or retail outlet.
Under the laws of Pakistan, change of user without the express written consent of the landlord
or without compliance with regulatory and zoning requirements can be grounds for eviction,
penalties, or cancellation of lease.

This principle is governed by provincial rent law is the Sindh Rented Premises Ordinance,
1979, and applicable municipal building and zoning regulations, such as those issued by
development authorities like SBCA (Sindh Building Control Authority), and others.

1. Legal Framework Governing Change of User

Most tenancy laws in Pakistan clearly state that the tenant is prohibited from changing the
user of the premises without prior written approval of the landlord. This condition is usually
embedded in the tenancy or lease agreement as well.

For instance, Section 15(2)(ii) of the Sindh Rented Premises Ordinance, 1979 specifically
states that a landlord may seek eviction if:

"The tenant has used the premises for a purpose other than that for which it was let out."

2. Importance of Purpose in Tenancy Agreements

When a tenancy agreement is executed, the intended use of the premises (residential,
commercial, industrial, etc.) is clearly mentioned. This use forms a part of the contractual
obligations between the landlord and the tenant. Any deviation from the agreed use constitutes
a breach of contract and may entitle the landlord to seek legal recourse.

For example:

 If a tenant converts a residential flat into a tuition center or clinic without the landlord’s
consent or municipal approval, it may result in eviction and municipal action.
 In commercial leases, changing a shop into a warehouse, or office space into a
manufacturing unit, can result in similar consequences.

pg. 4
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
4. MATERIALS

In the context of land law in Pakistan, the term "materials" generally refers to the physical
substances or components used in the construction, improvement, and maintenance of land or
buildings. These materials may include both tangible items like bricks, cement, steel, wood,
and fixtures, as well as intangible elements such as legal materials or documents that govern
land use, ownership, and tenancy. The legal framework surrounding the use of materials in
construction and development is guided by various laws and regulations to ensure that
construction is carried out safely, legally, and responsibly.

1. Types of Materials in Land Development

The materials used in land development or construction can be broadly categorized into two
types:

A. Building Materials

Building materials refer to the physical substances used in the construction, repair, or
renovation of structures. They are an essential part of the development process and include:

 Natural Materials: These include wood, stone, clay, and sand. Such materials are often
used in traditional construction but are now supplemented with more modern alternatives
due to their limited supply and durability concerns.
 Manufactured Materials: These are materials that are fabricated or processed before use
in construction, including bricks, cement, steel, glass, plastic, and tiles. These materials
meet specific industry standards and are often sourced from suppliers based on the required
specifications for construction projects.
 Specialized Construction Materials: These are materials used for specific construction
requirements, such as soundproofing, waterproofing, insulation, and fire-resistant
materials. In commercial or residential projects, these materials are important for ensuring
the durability and functionality of the building.
 Recycled Materials: With growing environmental awareness, there is an increasing
emphasis on using recycled materials in construction, such as recycled steel, concrete, and
other materials that minimize waste and environmental harm.

B. Legal Materials

In the legal context, materials may also refer to legal documents or evidence relevant to land
transactions or land-use disputes. These include:

 Deeds and Title Documents: These legal materials prove ownership of land and
construction rights. The sale deed, lease agreements, or mortgage documents serve as
important materials for verifying the legality of a construction project.
 Building Permits and Approvals: For any construction, a set of documents is required,
including permits from local authorities confirming that the construction will use legal
materials, adhere to zoning regulations, and follow building codes. These documents are

pg. 5
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
legally binding and ensure that the materials used in construction are compliant with safety,
health, and environmental regulations.
 Inspection and Compliance Reports: These reports, issued by municipal authorities or
other regulatory bodies, certify that the materials used in a construction project meet the
required standards and do not violate any local laws. These documents serve as important
legal materials for future disputes or ownership issues.

5. ALTERATIONS

In the context of land and tenancy laws in Pakistan, the term "alterations" refers to any
structural or physical change made to a leased, rented, or owned property, particularly
immovable property such as land or buildings. Such changes may include additions,
demolition, renovation, reconfiguration of internal space, or change in the structure or façade
of the property.

These alterations are governed by a combination of federal and provincial tenancy laws,
municipal building regulations, and in some cases, contractual lease agreements.
Unauthorized alterations may result in eviction, penalties, or restoration orders under
Pakistani law.

1. Alteration under Rent and Tenancy Laws

Under Pakistani rent laws, tenants are not allowed to make alterations to the premises
without the landlord’s written permission. This is a ground for eviction.

Sindh Rented Premises Ordinance, 1979 (Section 15(2)(iv)):

A landlord may seek eviction if the tenant “has committed such acts as are likely to impair
the material value or utility of the premises.”

This law imply that unauthorized structural changes can result in eviction proceedings,
especially if such changes decrease the utility or market value of the property.

6. NON-OCCUPANCY

Non-occupancy refers to the absence of actual use or physical possession of land or property
by its legal owner or tenant over a continuous period. Under Pakistani land and tenancy laws,
non-occupancy can have legal implications, particularly for tenants, allottees of government
land, and agricultural landowners. Prolonged non-occupancy may lead to eviction,
cancellation of allotment, or revenue penalties, depending on the type and classification of
the land involved.

1. Non-Occupancy in Urban Tenancy Laws

Under various provincial rented premises laws, a landlord may seek eviction of a tenant on
the ground of non-occupancy.

pg. 6
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
Key Provisions:

 Sindh Rented Premises Ordinance, 1979 Section 15(2)(v):

A landlord may apply for eviction if the tenant has ceased to occupy the premises for six
months without reasonable cause.

These laws aim to prevent tenants from hoarding or underutilizing valuable urban real
estate, especially in commercial zones.

Requirements for Landlords:

 The landlord must prove the tenant's non-occupancy for the specified time period.
 The burden of proof shifts to the tenant to show valid reasons (e.g., temporary relocation,
repairs, medical treatment, etc.).

2. Non-Occupancy in Cooperative Housing Societies

Many cooperative societies in Pakistan include rules that:

 Forbid leasing or subletting property if the owner is not residing in or using it.
 Impose fines or maintenance charges for prolonged vacancy or lack of upkeep.

These rules aim to prevent depreciation of communal infrastructure and discourage

speculative holding of property.

7. NUISANCE

Under the land laws and general legal framework of Pakistan, nuisance refers to any act or
omission by a landowner, occupant, or tenant that interferes with the use or enjoyment of
land by others, or causes damage, inconvenience, or harm to neighboring property, public
spaces, or the environment. Nuisance is broadly categorized into public nuisance and private
nuisance, and it is actionable under both civil and criminal law in Pakistan.

1. Types of Nuisance

a. Public Nuisance

 Defined under Section 268 of the Pakistan Penal Code (PPC).

 It involves acts that cause annoyance, injury, or danger to the public, such as:
o Obstruction of public roads or drainage
o Improper disposal of waste
o Emission of smoke or foul odors
o Illegal construction on public land
 Punishable under Section 290 PPC, with fines and/or removal orders by authorities.

pg. 7
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
b. Private Nuisance

 Affects the use or enjoyment of private property by another person.

 Includes:
o Noise from construction beyond acceptable limits
o Illegal commercial activities in residential areas
o Water leakage or damage from adjacent property
o Encroachment or overhanging structures
 Actionable through civil suits for damages or injunctions.

2. Nuisance in Tenancy and Lease Relationships

Under provincial rent laws (e.g., Sindh Rented Premises Ordinance, 1979), a landlord can
seek eviction of a tenant who:

 Uses the premises for immoral or unlawful purposes

 Creates a nuisance or annoyance to neighbors or co-tenants
 Impairs the utility or value of the premises

Example (Sindh Rented Premises Ordinance, Section 15):

A tenant may be evicted if they commit acts “nuisance to the neighbors or damage the
premises.”

8. DILAPIDATION

Dilapidation refers to the state of disrepair, deterioration, or damage to a property, particularly

one that is leased or rented. Under the land and tenancy laws of Pakistan, dilapidation
becomes a legal concern when a tenant, occupant, or in some cases the owner, fails to
maintain the premises in the condition required by law or under the lease agreement. It
is typically considered a breach of tenant obligations and may serve as a ground for eviction,
legal notice, or financial liability for repairs.

Key Legal Provisions:

 Sindh Rented Premises Ordinance, 1979 – Section 15(2)(iv):

Landlord can seek eviction if the tenant has “committed such acts as are likely to impair the
material value or utility of the premises.”

9. BONAFIDE REQUIREMENT OF LANDLORD

Under the land and tenancy laws of Pakistan, one of the recognized and legitimate grounds
for the eviction of a tenant is the bonafide personal requirement of the landlord. This principle
is grounded in the idea that an owner should not be forced to remain deprived of the use of

pg. 8
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
their own property if they genuinely need it for personal use. However, such a claim must be
genuine, not arbitrary, and proved in good faith.

1. Legal Framework

The concept of bonafide requirement is provided for under various provincial tenancy statutes
in Pakistan, including:

Sindh Rented Premises Ordinance, 1979 – Section 15(2)(vii):

A landlord may seek eviction if he requires the premises in good faith for his own use or for
that of his spouse or any of his children.

2. Key Elements of Bonafide Requirement

To successfully seek eviction on the basis of personal need, a landlord must satisfy the
following conditions:

 Genuineness of Intent: The requirement must be sincere and not based on false pretenses.
 Present Need: There must be a current, not hypothetical or future, need for the premises.
 Specific Purpose: The intended use should be clearly stated (e.g., residential use, office, or
for a family member).
 No Alternative Accommodation: Courts often look at whether the landlord has other
available properties that could fulfill the same need.

3. Application in Commercial and Residential Tenancies

The bonafide requirement applies equally to both:

 Residential properties – For self-use by landlord or family.

 Commercial properties – For use by landlord’s own business or office (subject to stricter
scrutiny, as commercial evictions have greater economic impact).

10. ALTERNATIVE ACCOMMODATION

Under the land and tenancy laws of Pakistan, "alternative accommodation" is a critical factor
in determining the validity of a landlord’s eviction request—particularly when eviction is
sought on the ground of bonafide personal requirement. The concept plays a balancing role
between the rights of landlords to use their own property and the protection of tenants from
arbitrary or unjustified eviction.

1. Legal Context

The requirement to consider alternative accommodation primarily arises when a landlord files
for eviction, claiming they need the rented premises for personal use. Provincial tenancy laws

pg. 9
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
do not explicitly define "alternative accommodation," but courts have consistently treated it as
a relevant consideration when evaluating the genuineness of the landlord’s need.

Relevant provisions include:

 Sindh Rented Premises Ordinance, 1979 – Section 15(2)(vii)

While these statutes permit eviction for bonafide need, courts have held that the availability of
alternative suitable accommodation weakens the landlord’s claim.

2. Common Scenarios Involving Alternative Accommodation

a. Residential Use

If a landlord claims they need the premises to live in but owns another house or flat in the
same city that is unoccupied or underused, courts may deny eviction.

b. Commercial Use

If a landlord wants to start a business in a rented shop but owns another commercial property
nearby, courts may question the necessity of evicting the existing tenant.

c. For Family Members

Where landlords seek eviction for use by children or spouses, courts assess whether that
family member has other suitable living or business arrangements.

11. BUILDING AND RE-CONSTRUCTION

Under the land and tenancy laws of Pakistan, one of the recognized grounds on which a
landlord may seek eviction of a tenant is for the purpose of building and reconstruction. This
refers to cases where the landlord requires possession of the rented premises in order to
demolish, rebuild, or substantially renovate the structure. The law balances the landlord’s right
to develop or improve their property with the tenant’s right to security of tenure, and provides
conditions under which such eviction may be permitted.

1. Legal Framework

The right to evict a tenant for building or reconstruction is provided under various provincial
tenancy laws, including:

Sindh Rented Premises Ordinance, 1979 – Section 15(2)(viii):

A landlord may seek eviction if the premises are required for reconstruction or rebuilding and
the same cannot be carried out without vacating them.

pg. 10
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
2. Conditions for Eviction Based on Reconstruction

To succeed in an eviction, claim for building or reconstruction, the landlord must prove:

 Genuine intention to reconstruct or rebuild.

 That the existing structure is old, unsafe, or unsuitable for continued use.
 Necessary approvals or no-objection certificates (NOCs) from municipal authorities (e.g.,
KDA, SBCA) have been obtained.
 Reconstruction cannot be carried out without eviction of the tenant.
 In some cases, that the landlord has financial capacity to undertake the proposed
construction.

3. Application in Residential and Commercial Properties

 In residential properties, eviction for reconstruction is allowed where the building is

dilapidated or where the landlord wishes to build a new residence.
 In commercial properties, landlords often seek eviction to construct shopping complexes,
plazas, or upgraded business premises. Courts scrutinize these cases carefully, especially
if large-scale commercial gains are involved.

12. LIMITED TENANCY

Limited tenancy refers to a lease or rental arrangement where the duration of the tenancy is
fixed in advance either through a written agreement or an express understanding between the
landlord and tenant. In Pakistan, such tenancies are governed by the general principles of
contract law, rent laws, and property law, and are commonly used in both residential and
commercial leases.

1. Legal Recognition

Limited tenancy is recognized under Pakistani tenancy laws, particularly when there is:

 A written tenancy agreement clearly stating the start and end date of the tenancy.
 A mutually agreed understanding (oral or written) about the duration of occupation.
 An explicit clause regarding renewal or non-renewal at the expiry of the term.

Laws governing limited tenancies include:

 Sindh Rented Premises Ordinance, 1979

 Punjab Rented Premises Act, 2009
 Cantonment Rent Restriction Act, 1963
 General principles under the Contract Act, 1872 and Transfer of Property Act, 1882

2. Nature and Duration

A limited tenancy can be:

pg. 11
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
 Short-term or long-term, typically ranging from 11 months to several years.
 Non-renewable, unless the lease provides for automatic renewal.
 Commercial or residential in nature.

In practice, limited tenancies are often used to:

 Avoid long-term obligations.

 Secure temporary business operations or housing.
 Manage rental relationships with defined legal consequences at the end of the term.

3. Tenant's and Landlord’s Rights

Landlord’s Rights:

 To reclaim possession without showing further grounds if tenancy is for a fixed period and
expires.
 To deny renewal unless contractually bound.
 To seek eviction and compensation if the tenant overstays.

Tenant’s Rights:

 To occupy peacefully for the agreed period.

 To seek renewal, if provided by the lease agreement.
 To challenge eviction if landlord accepts rent after expiry, potentially creating a tenancy
by holding over under Section 116 of the Transfer of Property Act, 1882.

4. Importance of Written Agreements

In limited tenancies, written agreements are crucial for legal enforceability. A proper lease
deed should include:

 Duration of the tenancy,

 Commencement and expiry dates,
 Renewal terms,
 Rent amount and payment terms,
 Conditions for termination and eviction.

Agreements exceeding one year must be registered under the Registration Act, 1908 to be
legally valid and admissible in court.

13. SETTLEMENT OF RENT DISPUTES

In Pakistan, disputes related to rent and tenancy issues are common, particularly in urban areas
with a significant number of residential and commercial tenants. The settlement of these
disputes is governed by a combination of statutory laws, civil law principles, and specific rent
control laws. The main aim of these laws is to provide a fair and transparent process for

pg. 12
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
resolving conflicts between landlords and tenants, ensuring that both parties are treated
equitably.

1. Relevant Legal Framework

Rent disputes in Pakistan are primarily addressed through the following legal frameworks:

 Sindh Rented Premises Ordinance, 1979 (Sindh)

 Cantonment Rent Restriction Act, 1963 (for tenants in cantonment areas)
 The Transfer of Property Act, 1882
 The Contract Act, 1872

These laws primarily focus on issues like non-payment of rent, eviction, unlawful occupation,
and the terms of tenancy agreements.

2. Common Rent Disputes

The following are the most common types of rent disputes:

 Non-payment of Rent: Where the tenant fails to pay rent as per the agreed terms.
 Eviction Issues: A landlord may wish to evict a tenant for various reasons, such as non-
payment, misuse of property, or expiry of lease, leading to legal disputes.
 Increase in Rent: Disagreements over the amount of rent or rent increases, particularly in
long-term leases.
 Condition of Property: Disputes over the maintenance and repair responsibilities of the
landlord and tenant.
 Security Deposits: Disagreements over the return of security deposits upon the termination
of tenancy.
 Subletting and Change of Use: Unauthorized subletting or change in the use of rented
property can result in disputes.

3. Mechanisms for Settlement of Rent Disputes

A. Rent Control and Rent Tribunal

In many regions of Pakistan, Rent Tribunals or Rent Control Courts are set up specifically
to handle rent disputes. These forums are designed to provide an expedited process for
resolving issues between landlords and tenants. The powers and functions of the Rent
Tribunals include:

 Filing a Complaint: Tenants or landlords can approach the Rent Tribunal with a formal
complaint. The complaint can address issues such as non-payment of rent, eviction, or
illegal occupation.
 Jurisdiction: The Rent Tribunal usually has jurisdiction over disputes related to rented
premises within a specified geographic area, as outlined in local rent laws.

pg. 13
 QAZI MUHAMMAD ASIF ALI
LECTURER LAW AT SHAHEED ZULIFQAR ALI BHUTTO UNIVERSITY OF LAW
 Eviction and Rent Arrears: The Rent Tribunal can issue orders for eviction, payment of
arrears, or modification of rent increases.
 Interim Orders: Rent Tribunals have the power to issue interim orders for the payment of
arrears or temporary stay on eviction until a final judgment is delivered.

The Rent Tribunals offer a summary procedure to resolve rent disputes, often providing
quicker decisions than regular courts.

B. Mediation and Negotiation

Many landlords and tenants prefer to settle rent disputes through mediation or negotiation
rather than going to court or rent tribunals. Mediation involves the assistance of a neutral
third party to help the disputing parties reach an agreement. In Pakistan, this process can be
formal or informal and can be undertaken through:

 Community Leaders: In some localities, influential community figures, including local

councilors or union councils, play a role in mediating between tenants and landlords.
 Professional Mediators: In some cases, professional mediators or arbitrators can be hired
to facilitate the settlement of disputes outside the formal judicial process.
 Negotiation typically involves direct communication between the landlord and tenant to
resolve the dispute amicably. While this can be quicker, it requires a willingness to
compromise from both sides.

C. Court Litigation

If disputes are not resolved through mediation or rent tribunals, they may be referred to
regular civil courts. The Civil Procedure Code (CPC) governs the procedures for litigation,
including disputes related to property and rent. The process is typically longer and more
complex, involving the following steps:

 Filing of a Suit: Either party can file a suit in the District Court or Civil Court if they seek
a formal decree for eviction or recovery of rent.
 Issuance of Notices: The court will issue notices to both parties, and hearings will be
scheduled.
 Judgment: Based on the evidence and arguments presented, the court will deliver a
judgment, which may include an order for eviction, compensation, or adjustment of rent.

Court litigation can take a long time, especially in congested judicial systems, and involves
costs for both parties.

pg. 14