Hi, We had rented out the ground floor of our commercial property in Bhubaneswar and registered the lease agreement with the tenant in May 2016. Due to certain reasons the tenant , who was from Kolkata, couldn't set up his business. He sent us an email asking us to terminate his agreement. The agrrement has a clause wherein the agreement can be cancelled by either sides by giving 4 months notice. Now my question is , how do I cancel the Registered rent agreement ? The tenant is not willing to travel down to Bhubaneswar . I have to rent out my property and a new agreement needs to be signed. Kindly advise.
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1) since notice has been issued by lessee for termination lease would be terminated on expiry of period of 4 months
2)Cancellation of registered lease deed is a must while ending the tenancy. Otherwise encumbrance certificate issued by the registration Department will contain the remark of the lease, which is an encumbrance which may lead to unwanted complications
3) lessee can execute POA in favour of family member for cancellation of regd lease deed
Since it is a registered lease deed it can be cancelled through a registered cancellation deed. The cancellation has to be bilateral. The tenant should personally sign the cancellation deed which you can then present for registration in the office of the sub-registrar.
The tenant is not picking up our calls. What if he doesn't cooperate ? Then how do we cancel the deed ?
you must be having tenant security deposit
2) use it as bairganing chip for tenant cooperation
The registered agreement cannot be unilaterally cancelled by the landlord.
The tenant has to jointly execute the cancellation deed towards the agreement which is in full force.
Since you hold the security deposit from the tenant, ask him to execute the cancellation deed jointly before the registrar either in person or through his GPA agent.
The registration of any cancellation deed cancelling the registered deed cannot be done unilaterally by one party, both the parties are to execute the cancellation deed jointly.
The tenant is not picking up our calls. What if he doesn't cooperate ? Then how do we cancel the deed ?
You should send the communication by registered post and instruct him to be present before the registrar for this purpose or else you may initiate legal action on this for which he would be held responsible for the consequences and costs.
Then issue a lawyer's notice for cancellation of the deed and then file a suit for his eviction in the court.