Leave and license issue
Argha Mitra
(Querist) 05 March 2019
This query is : Resolved
Leave and license issue
I have a residential property in Mumbai, which was given on Leave and licensee for a period of 11 Months with Stamp Duty,Registration paid under Govt of Maharashtra, “ Leave and Licensee Act” with interest free security deposit of Rs.79,000 And Rs.26,600 as monthly Licensee fee from Dec’18, with a clause of 6 months lock in from either of the side like this LOCK IN PERIOD: “Both the parties have agreed to set a lock-in-period of 06 months during which neither the Licensor shall ask the license to vacate the premises, nor the licensee shall leave the premises on his own during the lock-in period. In spite of this mandatory clause, if the Licensee leaves the premises for whatsoever reason, he shall pay to the Licensor licensee fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises”.
Every month by 5th of the Month in advance, Licensee Fee needs to be paid. From 5th of Jan till today My Licensee has not paid any rent citing the reason of First two months-HE IS IN ABROAD…On 15th of February I had written him: Good evening Mr. Sachin. Hope doing well. This has reference to your last whats app message requesting to continue to stay in my Flat and showing the intention to honour the terms of the Leave and License agreement .. In spite of your violation of the payment terms of the agreement, I may still consider your request subject to your confirmation to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019 & further confirm that henceforth all monthly compensation starting MARCH’2019 will be Honored and made on or before the 5th of every month in advance as per the terms of the agreement. You undertake to pay other services provider including but not limited to Electricity, Gas, Cable on or before the respective due date & shall not allow any accumulation of dues, penalties and disconnection of services, kindly note that the above concession is subject to all other Terms & Conditions mentioned in the agreement and does construe to be a waiver of any terms & conditions mentioned therein. Look forward to your confirmation. On this the LICENSOR replied with “OK done”.
Since on 2nd of March ’2019, when Licensee didn’t credit any over dues License fee in my given account, I again written him through Whats App: Good evening Mr. Sachin. Hope doing well.This has reference to your last Whats App message confirmation on 15/02/2019 to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019… But till I hve not received any credit confirmation of same.. Please update and provide me the UTR number of crediting above fund… Awaiting for your confirmation. On which, He replied me through Whats App on 4th of March is “ Yes I will paid rent installments”. In the meantime due to no-payment of Electricity Bill, my electric meter was being taken away by MSEDCL, which also I informed to him, although He didn’t care much for it..
At this juncture:
My query is: 1) What should I do??? As I understand he is taking the advantages of 6 months Lock in period without paying any rent.
2) Since all the Communications are through Whats App, whether that will have legal bindings in case of I need to go to Court?? How will be My chances of evicting him through Court and how much time it might take??
3) Ultimately if He does not pay any rent and stays in Flat for 6+1 Month(Notice Period), is there any possibility of mine to pull out the pending rents from him???
Kishor Mehta
(Expert) 06 March 2019
1.. You have to issue a written notice of eviction setting out all the facts and demand the overdue license rent.
2. You may take recourse to the eviction term included in the Leave and license document.
