Leave and license agreements
Shiju
(Querist) 13 June 2012
This query is : Resolved
I have a house in Pune which I have given on rent since 2007,
2007-2008 ( for 11 months ) I had made a leave and licence agreement , got it registered ,and gave it for rent.
2008-2009 ( for 11 months ) the tenants are the same and again , I had made a new leave and licence agreement , got it registered ,and gave it for rent
2009-2011 ( for 2 years ) the tenants are the same and again , I had made a new leave and licence agreement , got it registered ,and gave it for rent
So in my case, although the tenants are the same, I got a new leave and licence agreement everytime and also got it registered. So will I face any issues in this case.
I have read it somewhere that,
" It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm will be more to landlord than tenant." and I want to clarify my doubts about the same.
Thanks
Adv.R.P.Chugh
(Expert) 13 June 2012
1. 11 month L & L is not required to be registered.
2. I don't find any substance in what you've stated there. what Harm to the landlord ?
Shiju
(Querist) 13 June 2012
Thanks Sir for the reply.
So it means even if the tenants are the same, i can go on re-newing the leave and licence agreement year after year without any problem.
Shiju
(Querist) 13 June 2012
Thanks Sir for the reply.
So it means even if the tenants are the same, i can go on re-newing the leave and licence agreement year after year without any problem.
ajay sethi
(Expert) 13 June 2012
well 1) you could have entered into agreement for 33 months . no need for fresh agreement every year
2)the reason why llandlord change tenants after 3 or 5 years is for the fear that once tenant get s used to staying as license he may not vacate .
3) if however you know licensee well dont fear . protect your interests by consulting local lawyer and having safeguards in agreement
R.K Nanda
(Expert) 13 June 2012
Take the help of lawyer.
Shiju
(Querist) 14 June 2012
Thanks to All.
Shiju
(Querist) 14 June 2012
Thanks to All.
Shonee Kapoor
(Expert) 14 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 17 June 2012
As regards Mr. Bharat Chugh's statement that 11 month LL agreement need not be registered, I would like to clarify that under Maharashtra Rent Control Act it is compulsory. It is the responsibility of the Land Lord to ensure that the agreement is stamped and registered. Otherwise any plea by the Licensee that he is a tenant and not a licensee will be accepted by the Court and failure on the part of the Land Lord to register the LL agreement is punishable offence.
