• Leave and license

I have rented my flat on leave and license for period of 22 months but documents are unregistered. Now I want to vacate the licensee.  In my agreement I have mentioned that option to terminate the premises with one month notice and viceverca. Now what to do vacate the flat. Please advice.
Thank you
Asked 3 years ago in Property Law from mumbai, Maharashtra
Religion: Other
1. You should have registered the leave and licence agreement if the term exceeds 11 months.  But, what has been done cannot be undone.
2. If you want to vacate the licensee, you have to compensate him with one month's rent in lieu of one month's notice.
Shashidhar S. Sastry
Advocate, Bangalore
1655 Answers
109 Consultations

5.0 on 5.0

1)issue licencee one month notice to vacate your premises as per terms of your agreement .

2) better get the notice drafted by your lawyer . 

3) if the licencee fails to vacate after period of one month file suit for eviction before competent authority  
Ajay Sethi
Advocate, Mumbai
46908 Answers
2775 Consultations

5.0 on 5.0

1. In Maharashtra a leave and license agreement requires compulsory registration. 

2. 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.

3. So at first get the agreement registered and then only proceed to evict the licensee.
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

1. You have made a mistake in fixing the period for 22 months,

2. Lease and License Agreement for 1 year and above is required to be registered,

3. To avoid the above registration, L&L Agreement is executed for a period of 11 months only and  renewed for furter periods of 11 months,

4. In your case the said L & L Agreement is not valid in the eyes of law,

5. Execute a L.L. Agrement or 11 months afresh and evict him after the said period is over.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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