My mother had entered into a leave and license agreement for a small shop . The agreement lapsed in August 2023 and since then neither has the tenant vacated nor paid up the rent till date.He refuses to answer my phone calls and when my mother has called him he has spoken rather aggressively including threaten to kill(dont have a recording though) . I have now put a lock on the shutter of the shop . the tenant has been seeing all my messages on whatsapp including requests to co operate but refuses to respond or react. The Leave and license agreement was for 11 months and notarized not registered. While i am aware of filing the eviction suit i want to under if there is a way to resolve this through police on ground of criminal intimidation and tresspasing. not sure if religion plays a role in his blatant exploits but the tenant is of a "minority" religion.
Police will not interfere in this because this is a civil matter.
You issue a legal notice by registered post intimating him to vacate as the licence expired and also for default in rental payment.
After that you can approach rent controller court for relief and remedy.
You have to issue legal notice to license to vacate premises
file suit for eviction if he refuses to vacate
police would not intervene as it is a civil dispute
Tenancy is a civil dispute in which the Police has got nothing to do.
To evict the tenant you can fie a suit for eviction.
For the purpose of amicable settlement you can offer him some amount to quit the property.
Send eviction notice and later file eviction suit and get the tenant evicted
Sir(s) then what is the major advantage of leave and license agreement ? Is it advisable to have a leave and lincense agreement over a rental agreement? This is in Tamil Nadu and the agreement was signed on a 100 rupees stamp paper. Is it sufficient ?
Under Leave and licence agreement licensee is not a tenant and cannot claim tenancy rights
it is better to have leave and licence agreement
- As per law, after the expiry of the leave and license agreement , then tenancy will be considered as month to month basis, and the tenant is under obligation to pay the rent regularly every month.
- Further, if the tenant not pay the rent , then the landlord having his right to evict him from the tenanted premises and to recover the arrears of rent.
- Your mother can issue a legal notice to him for the termination of the tenancy , and further mention that after getting the notice if he not vacated , then his possession in the property would be considered as trespasser.
- Further, she can lodge a complaint before the police for the offence of trespassing , however the police has no power to evict him being a civil dispute.
- The said leave and license agreement is valid as it was 11 months.
Dear Client,
answering both your queries, here are the steps and considerations:
1. Police Complaint: You can take the tenant to police station for the criminal intimidation of your mother as threatened by the tenant. That being said, even without a recording, the incident can still be reported. Trespass could also be another reason because the tenancy has come to an end, and the tenant still occupies the premises without lawful authority.
2. Legal Recourse: This pact was notarized rather than being registered and thus it would most probably not be as effective in court. Yet, it is possible to file an eviction suit as a response to the tenant not paying rent along with aggressive behavior.
3. Leave and License vs. Rental Agreement:
- Leave and License Agreement: Usually provides more control of and to the property to the owner and less time for tenants to the latter. It is a common choice for configuration that is usually temporary, while it can be registered to enhance the obligation’s robustness.
- Rental Agreement: Usually grants the tenant more privileges and is best suited for long term use like in leasing.
4. Religion: Religion and customs, in general, have no place in justice and legal processes. Focus on the facts: the withdrawal from the agreement, failure to make payments for the rent, and threatening messages.
5. Stamp Paper: Scriping an agreement on ₹100 stamp paper is not unusual; however, registering the agreement would help in giving it a better legal protection.
In conclusion, do file a complaint to police regarding intimidation and trespassing and also consult a legal expert to commence eviction process.
Hope this helps!
The definition of the leave and license agreement can be found in the Indian Easements Act, 1882. Section 52 of the Indian Easements Act states:
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property, the right is called a license.
According to the Supreme Court (SC), if a leave and license agreement permits only the usage of a property in a specific way or under specific terms, while it is in the possession and control of the owner, it will be a license. This means that no interest in the property is transferred to the tenant.
So the owner of the property still maintains legal possession of his or her property. The Supreme Court states, “The 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. But for this permission, his occupation would be unlawful. It does not create in his favor any estate or interest in the property.’
As there is no easement right granted, the landlord of the property can revoke the permission granted to the tenant at any time. The landlord can choose to let out his property for short periods by working out a leave and license rental agreement. This benefits tenants as well as they will not have to give extended notice periods when they want to vacate a property.
Sir(s), If L&L does not create any legal possession of the licensee or any interest in the property then why cant i just put a padlock on the shutter of the shop? While the licensee may claim loss of belongings he shouldn't have any right to keep the property and his belongings inside. i have been advised against putting a pad lock and i still cant understand why i cant do it with a L&L agreement.
- You cannot take the law of the land in your hand after putting a lock , when the items of the tenant are inside
- Further, if there are belonging of the tenant inside , then he can approach the court for breaking the lock and to get his kept items with stay order.
You cannot take forcible possession without following due process of law
Any agreement after vacation of not left by tenant them you need to file eviction proceedings. Leave and license is always better if registered
Dear Client,
Although a Leave and License (L&L) agreement does not give the licensee legal possession or interest in the property, taking a unilateral action such as closing the store can cause legal complications Reason Here are a few reasons:
1. RISK OF CLAIMS: The licensee may file a criminal complaint for wrongful imprisonment, trespassing, or intimidation. This could lead to police action and legal trouble for you.
2. State law action: The licensee may seek relief from the court, such as an order to remove the device and restore access. This could lead to a prolonged legal battle and damage to any claimed losses.
3. Court Approach: Courts generally dislike self-help arrangements and prefer to resolve disputes through legal means. Unilateral actions could be viewed as taking the law into their own hands, which the courts would not look kindly upon.
4. Evidence and Procedure: Although the L&L Agreement is clear, you must pursue legal eviction to avoid any charges of eviction which is illegal. For these reasons, legal removal through the courts is necessary to avoid these potential issues.
If you want to go against law of the land then perhaps you may have to face the legal consequences in this connection hence you may better be aware of the law and take steps carefully.