Keep a gap of a week or so then enter into leave and licence agreement for 12 months
register the leave and licence agreement
Leave and license agreement instead of lease agreement
Is it advisable(any legal implications?)to sign a leave and license agreement under 12 months with the same tenant for the same property in Delhi after having signed a lease agreement with the same tenant for two years with extensions of two years at a time?
Asked 12 months ago in Property Law
Religion: Hindu
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14 Answers
As such there is no legal implications if other formalities are completed.
The tenant may be advised to enter into the leave and license agreement for a period of 12 months instead of renewing the 2 years lease agreement, it is your own decision especially after the expiration of the current lease agreement
If the earlier lease agreement is expired then you can execute fresh leave and license agreements
Dear Client,
The tenant might consider opting for a 12-month leave and license agreement instead of renewing the existing 2-year lease agreement. This decision is entirely up to the tenant, particularly once the current lease agreement has expired.
No repercussion. Execute leave and license agreement.
Dear sir,
A lease creates an interest in the property unlike a leave and license agreement. Leave and license agreement. gives only a right to use the property in a particular way or under certain terms, while it remains in the posession and control of the owner thereof, it will be a license. Basically, no interest in the property is transferred to the tenant. “Te legal possession, thereof, continues to be with the owner of the property but the licensee is permitted to make use of the premises for a particular purpose. It does not create in his favour any estate or interest in the property.
A lease grants a tenant with exclusive possession while a leave and licence agreement only grants permission to occupy the property. Licences are revocable; leases are not. Leases are transferable while licences are not. A lease creates inheritable rights unlike licences.
Once there is a lease agreement there exist no use of executing a leave and licence agreement. Go for leave and licence agreement and cancel the lease agreement. Thank you
- As per law , the registration is mandatory if the lease agreement is executed for more than 11 months.
- Hence, you can opt for a leave and license agreement under 12 months ,
- Further, if you execute a leave and license agreement , then at the termination or the end of the license period , the tenant will have to vacate the premises , as this agreement doesn’t come under the Rent Control Act.
As per one of the answers,"As per law , the registration is mandatory if the lease agreement is executed for more than 11 months.". Does this imply that one can sign an 11 month leave and license agreement after two years of lease agreements with two year extensions of the same property with the same tenant in Delhi
Asked 12 months ago
The lease agreement is different to that of the leave and license agreement.
In order to enter into a fresh leave and license agreement the earlier lease agreement has to be terminated.
Thus the leave and license agreement becomes a fresh one.
There should not be a continuous period of more than 11 months for unregistered leave and license as well as lease agreement.
There is no legal bar to execution of leave and licence agreement on expiry of lease deed
- The agreement should be for a fixed period and not for the continuation , and further in both the cases registration is mandatory if time period is more than 11 months.
The execution of a leave and licence agreement upon the expiration of the lease deed is legally permissible.
Yes in Maharashtra it’s mandatory to register but in Delhi specific provision is needed