LEGAL GUIDE · TENANCY, CIVIL RECOVERY AND COURT ORDERS
Who pays for repairs in a rented property?
Repair responsibility should be assessed from the agreement, the nature of the work and section 15 with the Second Schedule of the 2025 Act where applicable. Structural repairs, routine maintenance and damage caused by a party are different categories. There is no safe rule that every repair belongs to only the landlord or tenant.
What to examine
Record the defect, date reported, effect on use and any immediate safety concern. Obtain an estimate and preserve photographs before work if practical. The Act has procedures for failures to carry out allocated repairs and for premises that become uninhabitable. Do not assume that an invoice automatically permits unlimited deduction from rent.
Records to collect
- Tenancy agreement
- dated defect photographs
- written notice and response
- estimate and invoices
Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.
The applicable framework
The 2025 Act creates separate roles for the Rent Authority, Rent Court and Rent Tribunal. Its definitions, exclusions, agreement-information requirements and savings clause must be considered before selecting a route. Section 40 limits the Rent Court to the tenancy framework and excludes a determination of title or ownership. Current local appointments and submission arrangements should be verified.
A practical next step
Identify who is responsible and follow the applicable notice or authority process before claiming a deduction or reimbursement. Use qualified help promptly for a dangerous condition.
Related guidance
- Subletting or sharing a rented shop without consent
- The tenant dies — who can continue the tenancy?
- A rented shop or commercial premises under the new tenancy law
- Tenancy, civil recovery and court orders — practice information
- Browse this guide collection
Sources and official resources
- J&K Tenancy Act, 2025 — original Gazette text retained by PRS
- J&K Law Department — commencement notification, S.O. 31
- J&K Law Department — Tenancy Rules, 2026, S.O. 189
Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.