sub-lease of commercial premises
Gururja Rao
(Querist) 21 March 2008
This query is : Resolved
Hi all.
I am Gururaj, I am the owner of a premises situated at Hyderabad, and I let out the same in the year 2001 to one Trinetra supermarket pvt ltd co.,under a registered lease deed for a period of 10 years,and as per clause 14 of lease deed the lessee is at liberty to hand over the business to any of its associates who are in similar business and that the lessors shall not make any objections or hindrances for the same, but the said Trinetra supermarket continued its business for seven years and all of a sudden it sold entire business to one "MORE SUPER MARKET Company" without intimation to lessor,now I want to Know what is the locus standi of the More supermarket co,.to continue its business under the earliar lease agreement and can it be possible to terminate the lease before expiry period? and further what I need to do to safe guard my interest as lessor, please help me its very urgent
Manish Singh
(Expert) 21 March 2008
Dear Mr. Rao,
Firstly you need to look into the clauses of your lease agreement whether there is any clause authorising the lessee to sub lease the premises to any person he wishes to or not.
If there is no such clause but the agreement only speaks about the sub-leasing of the premises to it's concerns or associates but to nobody else, then you can move on terminate the lease since the present lessee is not occupying the premises with your approval.
But go very minutely through the lease deed or it would be beeter to visit some advocate to have the terms interpreted in terms of legality of the said lease deed.
Gururja Rao
(Querist) 21 March 2008
hi, Manish Singh ji,
There is no clause authorising to sublease the premises, except clause No.14 narrated earliar.One more thing is that earliar the the trinetra super market co,. used to pay rent through A/c payee cheque. at present the new More co,. is also paying same rent through A/c payee cheque. If I want to terminate lease, whom I have to issue notice.
Manish Singh
(Expert) 25 March 2008
It doesnt matter whether the new occupant is paying you the rent or not since it would not make him your legal lessee.
The notice is to be served to the Lessee ie Trinetra for terminating the lease deed on account of sub leasing the premises without any permission and you can serve a notice to the More also for illegaly occupying your premises.
if they dont vacate the premises,knock the doors of a court.
Ashey
(Expert) 03 April 2009
--
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
