If the licence agreement is speaks about tenancy then can be treated as rental agreement and valid one.
Is leave/license agreement valid in Chennai, Tamil Nadu?
Is leave/license agreement valid in Chennai, Tamil Nadu? Or any similar provision in Chennai different from rental agreement considering the drawbacks of a tenant when compared to licensee? Thank you,
Asked 6 years ago in Property Law
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12 Answers
No, there is no that such drawback if you go for the same.
As there are laws in our country which talk about the validity of both the above options which you have mentioned above in your query.
It just that need to be careful while putting it going through the provisions of the same.
yes it is valid in all parts of India it is an agreement for tenancy which give limited rights to tenant for limited period.
1) you can give your premises on leave and licence
2) it is advisable to register leave and licence agreement
3) get agreement drafted by a lawyer
1. Leave and license agreement is valid form of agreement in all over India.
2. however where the state Rent Act is applicable like in West Bengal then the nomenclature of agreement is of no consideration and the agreement is made in lieu of money would be considered as tenancy agreement.
3. So even if you make such agreement in TN the same would be treated as Rent Agreement only and not a permissive occupation agreement provided there is rent or fees involved.
1. Yes you can make a leave and license in Chennai
2. Granting a license is always better for the owner than granting tenancy rights
3. A licensee is merely an occupant who is authorised to occupy the premises as per contract
4. Whereas a tenant has exclusive possession of the premises. Further there are various protections available to a tenant like standard rent and guard against being evicted
5. In a license you can terminate the agreement anytime (subject to any lock in) when the licensee defaults in complying with the license terms
6. So always opt for leave and license if you are the owner
Yes, a leave and license agreement is valid in Chennai, like in other parts of India.
Contact a local lawyer to get this leave/license agreement drafted for you.
It is also advisable that you get this registered.
Leave and licence is also a valid form of letting out premises on rent.
There are different forms, i.e., 11 months rental agreement;
lease agreement for a period beyond 11 months up to number of years as agreed between the parties.
Leave and license agreement valid all over India.
Maximum period of 5 years.
1.Leave & License Agreement is valid in Tamilnadu as in any part of India.
2. There is a citation in connection with leave & license agreement viz., V.Shanmughasundaram : vs Indian Oil Corporation Ltd on 18 August, 2009 which will establish with evidence that the L & L Agreement is valid in Tamilnadu.
3. You shall have to register the L & L Agreement if it is for more than 12 months.
4. Giving premies on rent as per Tenancy Act is risky in all the Sates of our Country , not only Tamilnadu.
Yes it is allowed. Both the kinds of agreements are valid. There are no major drawbacks. Landlord-Tenant relationship is legally recognized, because licencor -licensee is not so much in fashion.
1. L&L agreement is valid thru out India, without any legal complications, subject to proper registration of L&L agreement and proper clauses in the agreement.
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