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leave and license

(Querist) 20 September 2014 This query is : Resolved 
Respected Experts i gave a shop on rent on leave and license for 11 months starting from 1st Sept 2013 ending on 31/July/2014.
New agt is starting from 2nd/Aug/2014.
My tenant gave me rent for 11 month period and for 12 month he is giving old rent. Saying Payment is for 12 calender months.Agreement is for 11 months.

What exactly is correct?
Pls help dear frds.
Thanks in advance.
ROHIT SHARMA (Expert) 20 September 2014
1. The rent has to be paid as per the new live and leave agreement. The previous agreement was for 11 months only. It becomes void after the end of 11 months.
sundar sastri jain (Querist) 20 September 2014
Sir, Municipality taxes are to be borne by licensee/tenant is in Agreement.
But normally basic provisions of law says Licensor/Owner had to pay.
So, having an express provision on municipal tax, tenant to bear this municipal tax.
Can i (Owner/licensor) collect it??
BAALASUBRAMANNYAMM (Expert) 20 September 2014
New agreement will starts from August,2nd 2014. When he has paid rents upto July2014, he has cleared upto date payments for the earlier deed. Hence he has to made payment in August, 2014 month. You both are in confusion.
ajay sethi (Expert) 20 September 2014
the licencee was required to pay license fee till July 2014 under old leave and licence agreement . for period commencing from august 2014 he will pay as per new leave and licence agreement . licensor can recover proprerty tax from licensee as per provision of agreement
Devajyoti Barman (Expert) 20 September 2014
agree with experts.
Rajendra K Goyal (Expert) 20 September 2014
Well advised, agree with the experts.
sundar sastri jain (Querist) 20 September 2014
The issue is, l&l agreement becomes void on 31/07/14, new Agreement dateded 02/08/14. For August month my tenant pays in sept.He should pay me new rent But he is paying me Old Rate Rent for this month. The issue is now i want to issue rent receipt. Can i issue receipt
Under Old Rate.
T. Kalaiselvan, Advocate (Expert) 29 September 2014
If you are agreeing for the olde rate and accepting the rent, you may issue the receipt for the amount received.


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