Lease VS leave
Abhishek Lyall
(Querist) 27 July 2009
This query is : Resolved
I want to know what is the difference between lease agreement and leave & licence agreement.
If following clauses are in the agreement whether the same will be called lease agreement or Leave and licence agreement?
Right to landlord to inspect the premises
Use of the premises only for the purpose for which it is taken.
Tenant not having right to sublet or assign their interest to any other person without written consent of the owner.
Thanks & regards
A V Vishal
(Expert) 27 July 2009
Going by the clause three viz."Tenant not having right to sublet or assign their interest to any other person without written consent of the owner." it looks like a simple leave agreement but in fact it is a lease agreement since the wordings in the clause are relevant i.e the tenant cannot assign or sublet his interest. Generally in a leave and license agreement the interest, rights and liabilities does not flow to the tenant, but only in case of lease agreement it flows to the lessee, hence it is a lease agreement.
Manish Singh
(Expert) 03 August 2009
it is extremely difficult to state hereby after taking a snap of this clause whether it is a lease agreement or just a license to use the property.
it can be ascertained only after goinf through the main provisiosn or the whole agreement.
