Change of use needs consent of landlord
A rented property should be used for the purpose for which it was rented. It cannot be used for a purpose other than what has been agreed to between the lessor and the lessee. Usually, these terms and conditions are agreed upon in advance and embodied in the lease agreement entered into between the parties. In case there is any breach of the terms and the lessee uses the premises for a purpose other than what was agreed upon, the lessor has a right to get the lessee evicted. This view has been made clear by the Supreme Court in various judgments. The change of use of property is a valid ground for eviction under most of the Rent Control Acts as well. In a recent case, the Supreme Court has ruled that a tenant of a residential or business property can be evicted if he change4s the natural of tenancy without the written consent of the landlord. A Division Bench of the Supreme Court said,”….where the premises were put to a use for a purpose other than for which it was let out, then written consent of the landlord was a must”.
The tenant can be asked to vacate the premises for having changed the use without the written consent of the landlord. In the present case, the landlord, who had let out three rooms to sell copies and books, sought the tenant’s eviction as the tenant started manufacturing copies and then installed a printing machine there without his written consent. The court held that the tenant was liable to be evicted for having changed the use from business to manufacturing. The apex court held that without the written consent of the landlord the tenant could neither use the building nor do any act which was inconsistent with the purpose for which the premises was let out, and accordingly ordered evict ion of the tenant.
A written consent form the landlord is a must in case the tenant wants to change the use of the premises. Preferably, the permission should be taken prior to effecting the change of use of premises. The Rent Control Acts of various States also contain similar provisions to this effect. The rented premises cannot be used for a purpose other than the one agreed upon between the parties. The lessee cannot breach the contract and then take advantage of it as well.
Most lease agreements specify the purpose for which the premises may be use. In fact, some are specific to the extent that they also specify the persons who will stay in the premises (this is applicable in case of leases with companies – for companies that provide leased accommodation to their employees). In case the employee leaves the employment of the company, the lessor can terminate the lease with the company. In case the lessee wants to change the purpose for which the property has been leased, then he must take the consent of the lessor. It is advisable that a no objection certificate be taken in writing rather than just an oral consent.



