• 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 months ago in Property Law from Nashik, Maharashtra
Religion: Hindu
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
23217 Answers
1219 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
868 Answers
43 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
4105 Answers
133 Consultations
4.3 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
2737 Answers
41 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
18102 Answers
448 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
14006 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0