Q: A flat owner in our block has rented out his flat for commercial use. Of late, several vehicles are being parked on the premises, which is inconveniencing all of us. The tenant claims that the flat owner has rented out the parking lot too. Can a residential flat be given on rent for commercial use? Can common spaces such as a parking lot also be given on rent? What should we do?
P.A. Maguire, Calcutta
A: If a building has flats which are exclusively for residential purposes, they should not be rented out for commercial use. If a parking lot is part of the common area, it cannot be rented out without the consent of the other flat owners. You could try to settle the matter amicably or send a legal notice to the flat owner addressing your issues. If the same proves futile, you could institute a civil suit for permanent mandatory injunction against him.
Q:I had taken an office space on rent about 20 years back. I used to pay the rent to the landlord. But for the past couple of years I could not pay the rent as his whereabouts are not known. In the meantime, I received a letter from the income tax department asking me to pay it to his income tax account directly. This advice was withdrawn after a few months. Who should I pay the rent to?
Sujan K. Ghatak, Jodhpur Park, Calcutta
A: First of all, try to trace the present address of your landlord and send the rent to him through money order. If your landlord refuses to accept the notice or not claim the same, you can deposit the rent in the Rent Control office in favour of your landlord.
Q:My employer is deducting employees’ provident fund (EPF) at a statutory rate. I am interested in voluntary contribution to my EPF account. I want to contribute my entire salary, including allowances and the annual bonus, as a voluntary EPF contribution. As per the EPF Act, can an employee contribute his gross salary to the EPF account?
Amlan Gupta, Calcutta
A: No, an employee cannot contribute his gross salary to the EPF account. If an employee is interested in voluntary contribution to the EPF he can contribute an amount not exceeding eight and one third per cent of basic wage, dearness allowance and retaining allowances, if any, as per Section 6 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in