Leave and license agreement
Rajiv Agarwal
(Querist) 02 March 2025
This query is : Resolved
In my leave and license agreement the licensor has mentioned that if licensee do not vacate the flat the licensor can disconnect electricity and also other basic amenities ie gas water etc. The agreement was signed 2 years back. Now instead of filling eviction suit he is threatening to cut the electricity if we do not vacate the flat. Is there any judgement wherein it is mentioned that even if mentioned in the agreement the licensor cannot disconnect essential services like electricity water and gas and has to follow due course of law to get the tenant evicted from the premises. We will pay for the judgement copy and would like to see that particular paragraph before proceeding further. Thank you.
kavksatyanarayana
(Expert) 02 March 2025
As the licensor mentioned in the agreement, the licensor can disconnect the basic amenities and you agreed to the same. You have to follow the conditions mentioned in the agreement. You may search e-courts for the judgment you require.
T. Kalaiselvan, Advocate
(Expert) 03 March 2025
Even if the L&L agreement contains covenants authorising the Licensor to disconnect the essential services, it is a one sided condition and not maintainable in law.
There are judgements restricting such acts and terming them as illegal.
You can file a suit for injunction against the landlord to restrain him from indulging in such illegal activities of disconnecting the essential services and to pass an order to the landlord to follow due process of law in this regard.
Advocate Bhartesh goyal
(Expert) 03 March 2025
Yes, lessor can't legally disconnect electricity,water,gas and other essential services provided to lessee/tenant even mentioned /agreed in L.L Agreement in case lessee breaches terms and conditions of agreement,without following due process of law.
Rajiv Agarwal
(Querist) 03 March 2025
As per my understanding the Contract Act says very clearly that any clause mentioned in the contract if it is illegal or unlawful then the contract or clause is void. There is a very clear Supreme Court judgement which says that disconnection of electricity to vacate the tenant is unlawful. As such that clause in the Contract which says that " the licensor can disconnect the electricity if the licensee refuses to vacate the flat" is void or invalid and cannot be enforced. Pls confirm.
Rajiv Agarwal
(Querist) 03 March 2025
Thank you very much for your previous reply. Would like to know from which city and contact numbers.
T. Kalaiselvan, Advocate
(Expert) 04 March 2025
In the L&L agreement or any type of rental agreement the landlord cannot take law into his hands to sever the essential services to the tenant, even though he has made such conditions in the agreement to his convenience.
He can seek remedy through court alone
Rajiv Agarwal
(Querist) 04 March 2025
Thank you Mr T Kalaiselvan and Mr Bhartesh Goyal for giving correct and adequate reply. Im based at Hyderabad. Thank you for your support.
Rajiv Agarwal
(Querist) 04 March 2025
Thank you Lawyersclubindia for providing such a superb platform for Legal interaction. Congratulations for hosting this web site and doing a great job.
Dr. J C Vashista
(Expert) 08 March 2025
Disconnection of basic needs of a licencee is illegal and covinent to such effect, if any, is void ab-initio.
File a suit for permanent and mandatory injunction through a local prudent lawyer before jurisdictional civil courts against licensor restraining him from any such disconnection, there are number of judgments on the issue.
I fully agree with learned experts.
Rajiv Agarwal
(Querist) 08 March 2025
Thank you Advocate J C Vashista. Can find a number of judgements on Landlord and Tenant but unable to find any judgement on Licensor and Licensee in a Leave and License agreement. But even The Leave and License agreement appears to be a sham as it is made wrongly. The court cannot go by only the nomenclature of the agreement it has to see the practical application whether it in actual should be Lease or otherwise. Here a family is staying husband wife and children with exclusive possession of the flat. In Leave and License the Licensee should also be in possession of the flat but in this agreement he has only mentioned that the Licensee can visit for inspection giving 24 hrs notice and one more clause stating a duplicate set of keys will be with the Licensee. There is no where mentioned that the Licensee can come and use the premises which is a requisite of the Leave and License agreement. So can it be inferred that a rental agreement was made as Leave and License just to make it easy for eviction and to harass the tenants.
