I have an existing L&L agreements with my tenants. The same tenants wish to continue use of premises at the expiry of this term. Can i renew the agreement vide a letter, signed by all parties, which will state that the current agreement stands extended for a further period of 11 months and all other t&cs of the original agreement remain the same as per the original agreement?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1)renewal by letter is not sufficient .
2) enter into registered leave and licence agreement for further period of 11 months
3) in Maharashtra leave and licence agreement are required to be compulsory registered
1. Take a letter from him stating that he is leaving your place on expiry of the lease period,
2. Execute and register a freash L & L Agreement for 11 months with the same person giving a gap of atleast one month,
3. Continue this process as long as you want the L & L Arrangement to continue,
4. This will help you to prove later on that the leasee had honourded similar L & L Agreement earlier and vacated the leased premises, in case he raises any question about the lease and vacating your premises in future.
1. Renewal of an agreement is made by express terms or by necessary implication.
2. If you send a letter expressing renewal of the existing L & L Agreement to be renewed for a further period of 11 months the same is valid
3. This method is valid in such states where execution of L & L Agreement need not be registered.If such agreement in your state is required to be registered then sending of letter is not enough.
1.it is better to renew it with another l&l for 11months
2) It's advisable to have the agreement registered. If you wish you can also extend the term by entering into LL registered for 33 months as well.
3) There has to be individual agreements with each of the tenant.
4) Renewal by a letter won't suffice as it has no legal validity.
1. Renewal does not take place through a letter. No rights will accrue from a letter.
2. Enter into a fresh leave and license agreement with your tenants and then register it as the law prevailing in the state of Maharashtra provides for a mandatory registration of leave and license agreement.
The Section 55 Maharashtra Rent Control Act says” Tenancy agreement to be compulsorily registered.” the effect of non-registration of such an Agreement is in favour of the tenant. In absence of such Registered Agreement, the contention of the tenant about the terms and conditions subject to which premises has been given by landlord on leave and licence or let out by him will prevail unless the landlord is able to prove otherwise.
Renewal by a letter won't suffice as it has no legal validity
1. Make a new deed of agreement for further period of 11 months.
2. law prevailing in the state of Maharashtra, so it to be registered according to rent control act