I normal circumstances you should pay rent but as tye permissions etc were not granted due to the laxity of the landlord he is also liable and hence full rent should not be paid unless full possession is obtained.

 A force majuere must be there in your agreement. That allows you to suspend the agree3ie not pay rent till such a problem goes away.

Owner cannot take rent as he has failed to deliver possession of flat to you 

2) landlord ought to have obtained permission from builder 

3) since no permission was granted no rent can be recovered from you 

4) ask owner to adjust rentals paid in future rent 

5) if landlord refuses terminate the agreement 

6) even if landlord sues you he would not succeed as he could not offer possession of flat to you 

Dear Sir/Madam,

When not occupied, you are suggested to inform both the builder as well as to landlord for this trivial issue and ask for relaxation in rent payment. In ethics, you are not supposed to pay when property not occupied and the rent paid should be adjusted in future rents. Also, keep in mind that these days the condition of force majeure exists and you can't burdened in any way.  

1. generally rent becomes payable after the tenant is put in possession of the premises

2. but the above is subject to what is actually agreed between the parties in the leave and license agreement

3. i fail to understand why permission of Lodha is required for shifting to the flat

4. if Lodha has not formed the society then it cannot require the flat buyers to treat it as an owner. It is to be kept in mind that the flats are allotted to flat buyers on ownership basis and not any tenancy basis for which permission is needed. Yes, had society been formed, a formal NOC would be required for letting the premises on rent

5. generally the liability of getting the permission from society/builder is that of the owner because it is the owner whom the society/builder would recognise since it is with the owner they have dealt

6. you need to check the clauses in your rent agreement as to when exactly the rent liability begins - is it from date of handover of possession or is the rent payable even if possession is not handed over - all this is a matter of contract between the parties for which the agreement terms will govern

7. ideally since you are still not in possession of the premises, you should not be paying the rent

8. also lodha may require you to get a police permission for shifting 

9. i suggest that if the agreement says that rent would become payable after the licensee is put in possession of the premises, then in that event you will be entitled to claim adjustment for the rents already paid by you in future months' rent 

1. Well, if you have not shifted the materials as yet then it is good for you as this means technically you have not taken possession of the tenancy.

2. The delay in taking possession of tenancy for the landlord does not bind the tenant.

3. So in this case you did a mistake in paying the rent for a month for which you even did not enjoy the occupation.

4. So now on wards you have the liberty not to pay the rent any more. 

5. However you have the continued liability to pay the rant provided you have been handed over with the key of the premises in which case you can at the most request the landlord to modify the rent amount till the situation normalises. 

The underlying principle of a lease is that it is the separation of the right of possession from ownership of property.It is to be noted that mere transfer of right of possession without a right to use is not a lease. Similarly, a mere right to use, without the right of possession, cannot be termed as a lease.

In view of the above, you cannot be asked to pay, unless without you having been given the right of possession. You need to sort this out with your landlord. 

Hi

You don't have to pay the rent,

If owner takes any legal action than you can take the shelter of law under Force Majeure. 

Agreement stands cancelled due to Force Majeure due to this pandemic. 

Licensor shall be entitled for rent from the date possession was made available to you. 

Rent paid by you should be adjusted against future rent .

Licensor can revoke the licence by giving due notice .

You can also terminate the agreement for possesssion not given to you and claim refund of the rent paid by you .

1. In case the owner has failed to provide the possession of the flat and also appropriate permission is not received meaning thereby the agreement is not executed and the owner is not entitled to receive the rent in lieu of the same. 

2. You may ask the owner to adjust the rent and the agreement can be amended accordingly. See in case the owner denies to adjust or give any legal notice in this regard you can reply same by citing the fact that owner failed to give possession of the property and the agreement is not executed.

3.  Also, you may send a notice to the owner to terminate the agreement and asking him to refund the amount since still the possession is not received. if he fails you can file a suit to recover the amount.

1) licensor can send you mails from Chennai 

2) terms of agreement are sacrosanct 

3) you have to pay rentals if possession delivered to you 

4) it is responsibility of landlord to deliver you possession of flat 

5) refuse to pay rentals as no possession delivered to you 

1. since NOC of Lodha is required for the licensee to use the premises, in my view, even if there is nothing stated in that behalf in the rent agreement, you can still contend that you become liable to pay rent only after you come in possession, which would happen only after the noc is in place

2. for taking the above stand, you can use your agreement as well as any prior correspondence or communication between you and the owner which together will constitute an agreement between you and owner

3. owner cannot say that he should not be penalised as lodha gave the noc late or does not give the noc. Generally this liability is on the owner and he should give the premises to the licensee in such a manner that he can begin to 'use and occupy' the same as stated in the agreement. Since in absence of the noc, the premises cannot be 'used and occupied', the licensee can always take the stand that due to want of noc he was unable to so 'use and occupy' and thus he is liable to pay the rent only after the premises is rendered fit for 'use and occupation' as stated in the agreement, even if the license commencement date happens to be 1st march

4. the owner is not acting reasonably in my view

You are already advised.  I couldn't understand the reason behind repetition of your query.

• You gave the rent in good faith that he would help you in shifting quickly and resolve all problems. Your good faith cannot be disadvantageous to you.
• The problem is with the builder who didn't approve your letter on time.
• The force majuere clause in tge agreement should come in handy for you.
• The landlord cannot take advantage of his own wrong and demand rent while not shouldering his part of the responsibility.

Dear Sir/Madam,

1). The landlord may send the notice from Chennai but the same is required to be replied strongly and all his allegations are to be falsified. 


2). However there may be no mention of force majeure, but you are suggested to take the plea of it and don't pay the rent till you enter the house/property. 

3). Though you have paid the rent for MARCH 20 and APRIL, but the same may be taken to be on good faith that the you will get entry to house but due to uncertainty created by builder as well as the lockdown, you are forced to raise the pleas as suggested. 

Hence, you are suggested to serve the legal notice to landlord as well as the builder to do needful on their parts. The builder will be asked to pay for damages and the landlord will be asked for revision/modification of agreement. 

You have already paid the rent without using the premises.

Owner have 2 months advance rent, so no more rent payable for next 2 months after possesion secured.

Owner is responsible to provide ready to use possesion and not you.

If he again asks for rent and charges , send him legal notice stating Force Majeure. 

You can try negotiating if you wish to

In this case owner can only charge you the rent after he seeks every permission from lodha and you shift. The owner can seek compensation from the lodha by filing consumer court case for deficiency of service as he has occurred losses if you don't pay. You can recover your rent amount by way of future rent

- As per law, A person who has direct physical control of something on or around his person, is then in actual possession of it.

- Since the actual and legal possession of the said flat has not handed over to you by the said builder on the instruction of owner of the said flat , hence you have not availed the right of a tenant into the same. 

1. No, since you have not occupied the tenanted premises due to any reasons by the owner , hence he cannot claim the rent without physically/actual handing over the possession to you, and further the owner is liable to refund the rent received without possession . 

- You should reply the said notice after narrating the facts as above. 

2.  Since there is no clause for the payment from the date of agreement , it means that the rent would be started from the date of actual possession of the tenanted premises. 

3. Yes, he can take the such plea . You should reply that on the premises of landlord , that the paid rent will be adjusted towards the date of actual possession by you , and thats why you have paid the same timely. 

4. You can file a case against the landlord for the recovery of the amount deposited by you on the ground of absence of actual possession and conspiracy of the landlord with the builder . 

5. same as above 

-  Being the owner of the said flat it is his duty to approach the lodha builder and not you , to ask him for handing over the actual & physical possession to you on time after completing the project . 

- Further , you should sent a legal notice to the said builder as well , after mentioning that he is accountable to pay the rent for the months of delaying in possession to you. 

Actually the owner should have handed over the vacant possession of the rented premise.

It is his duty to obtain permission from the society or the builder who is in charge of the association by completing all the formalities in this regard.

It was your fault to pay the rent when the vacant possession was not given to you.

Did you verify that the owner has the registered sale deed to confirm his title to the property?

If yes, then it becomes his duty to handover vacant possession of the rented premise to you and until he ha not handed over the vacant possession of the rented premise, he cannot claim monthly rental.

The natural calamity is applicable for everyone.

He cannot take shelter under the current national pandemic crisis.

You issue a notice to the owner to handover the rented premise to enable you to shift your goods into it  failing which you may inform him that the agreement stands cancelled and he is liable to return the rental amounts received so far or he will be dragged to court for recovery.

You can discuss with a local advocate and issue a legal notice to this effect. 

1. The licencor can very issue  legal notice but you have to issue a reply notice denying his claim and also you may make your claim as suggested in my previous post in this regard.

2. It is an understood clause tht you may have to pay the monthly rental amount from the date of agreement because generally the tenant occupies the premise immediately after the date of agreement.

You do not go into deep technical legalities , that can be taken care at the time of dispute before rent controller court in case a dispute is referred to the rent controller court.

3. He will  be right in his claim, you may have to manage the situation if that situation arises. 

4. You can claim it back by sending a legal demand notice as suggested earlier.

5. ignore the conditions, he should hav handed over the vacant possession, he cannot sit elsewhere and say that it is between you and the builder because he is the owner of the property.

6. The law is differnt to that of the routine procedures followed.

When it comes to the court of law, the law only will speak and not the routine procedures followed by them.

8. You were suggested to send a legal notice to the owner giving the details and instruct him to hand over vacant possession  and also to adjust the two months rental amount for next two months from the date of you occupying the premise physically.

If he is not agreeing then he may be dragged to court to either return the amount held by him or to allow you to avail the rental amount available with him as suggested above.

Hello sir , the lease agreement is executed only when the owner provide you the possession of the property..It is the legal liability of the owner to provide you the possession ..You can cancel the agreement and can demand back your money ..it is also advisable to send a legal notice to the owner ..

Your owner has no legal right to ask you to pay the rent without possession. 

if possession delivered you have to pay rent. 

withoutut possession is absolutely meaningless. 

1. You should have stopped the rent in month of April on this ground but you can ask owner for adjustments because you have not shifting to premises due to lockdown.

2. You are not liable to pay the rent if possession of premises is not taken by you. 

3. Agreement is not enforceable due force Majeure clause of unavoidable event of lockdown due COVID crisis. 

1. No rent is due and recoverable from you as landlord has not delivered the possession to you.

2. It was incumbent on landlord to obtain all required permissions from the builder, failing which he cannot penalise the tenant for his own shortcomings.

3. Refuse to pay any rent.

1. As per the information mentioned in the present query, makes it clear that you are not at fault at all, and in fact, you would have allowed to shift on the day the agreement was executed if not mentioned any specific date in the agreement for shifting.
2. I would like to apprise you that you have two points legally in your favour, one is on the merits of the fault the builder.
3. Second is the MHA guidelines to not to collect rent from any tenant if they do not have any source of income in this very unfortunate phase of pandemic/ epidemic.
4. If they further harass you then please first serve them with a legal notice and then take them to court and get your money refunded as well as ask for compensation for mental trauma and litigation fess too.