• Time limit for letting out premises under Leave and License basis

I have let out my flat to a Private Ltd Company for residential use since the last 54 months. The initial agreement for 22 months was followed by 2 subsequent renewals of 22+ 11 months. The agreements have been duly registered under Section 24 (2) of the Maharashtra Rent Control Act 1999.
How long can I continue with renewing this agreement with the same licensee, without compromising 
on my ownership rights or conferring any adverse rights to the licensee.
Is it safer to keep changing licensees over a particular time period to ensure peaceful and unhindered possession of the flat when required?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) you can again renew the agreement with the licensee

2) licensee does my have any ownership rights on the flat

3) you should be more concerned with receiving rents on time and receipt of security deposit from licensee

4) it is not safer to keep on changing licensees

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

HI

As long as you keep renewing your leave and license agreements by properly registering the new leave and license agreement , it is perfectly fine to keep the same client as a tenant for a long duration.

Just ensure that your existing leave and license agreement does not expire at any point of time and the new agreements are entered in to and registered as per Maharashtra Rent control act on the timely basis .

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Hi, you can renew leave and license any number of times according to your wishes.

2. The tenant can't claim ownership of the property so he can't do anything.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

you should renew this agreement on time, no matter that leave and license is for 11 months or 22 months. licensee has no right in the property and if he wants to claim title in the property on adverse possession it is required by law to first leave the property then file any suit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can renew it as long as you desire. If the lessee pays the rent without default then he is a good lessee and can be reinducted, License does not oust the title of the licensor.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

How long can I continue with renewing this agreement with the same licensee, without compromising

on my ownership rights or conferring any adverse rights to the licensee.

Is it safer to keep changing licensees over a particular time period to ensure peaceful and unhindered possession of the flat when required?

There is no need to change the licensees every now and then. If you do not want to continue with the present lessee, you may inform the in advance by a notice that you are not willing to extend their lease period anymore and they are likely to vacate the premises immediately after the expiration of the current lease period and handover vacant possession failing which necessary action shall be initiated against them for evicting them from the property.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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