Leave & Licence
prakash
(Querist) 05 April 2011
This query is : Resolved
I have given my flat on L & L , for 11 months having condition that main door original latch key ( i.e lock fixed on door )will be with me ( Licensor),
& duplicate key with Licensee . Now Licensee requests that I allow him to fix a additional Latch with lock on main door
Advice whether it is desirable to allow fixing one additional latch on main door & putting his Lock.(licensee )
It appears to me that if I allow his(licensee) lock on main door, it amounts to possessory rights of flat given to him . If main key of flat is with me , it amounts that licensee has only user rights or occupancy rights. I am confused what is legally valid , whether allowing to fix a additional latch with lock-key to licensee is detrimental to my ownership rights or it may cause problems during eviction of licensee. What is settled law in this case, please kindly advice
M.Sheik Mohammed Ali
(Expert) 05 April 2011
you have tenancy agreement, so you dont worry, if you fear that, you can mentioned about latch in the agreement copy
M.Sheik Mohammed Ali
(Expert) 05 April 2011
once expired the 11 months automatically the loss the tenancy.
Raj Kumar Makkad
(Expert) 05 April 2011
It is better to insert additional term in agreement for the latest chapter so as to avoid any future dispute as you anticipate.
prakash
(Querist) 06 April 2011
Dear Sheik
I appreciate your advice , but I may state he is my licensee & not tenant.
Landlord has no main key , tenant has exclusive entry , but in case of Leave & License , licensor has main key & only duplicate is given to licensee , which means that license law does not give exclusive entry under easement rules as in case of tenancy
My query is that if I allow exclusive entry to licensee by allowing him to install a movable lock on main door in addition to main door unmovable lock already provided by me then would it impliedly be construed as I with consent & conduct give him a status of Tenant in which case it would be impossible to vacate him . All L & L formats on internet state that licensor has main key which means collateral entry & not exclusive entry to licensee
prakash
(Querist) 06 April 2011
Dear Raj Kumar
I have already incorporated a clause that licensee shall not install any locking system other than provided by me. I have downloaded L & L formats from net , all formats state that main key will be with licensor & duplicate with licensee , which is a characteristic of “License.” Which means collateral entry to licensor & not exclusive entry to licensee , unlike in tenancy , tenant has exclusive right of entry.
If I make a supplementary agreement to my existing L & L allowing him exclusive entry by installing his lock ,then it amounts to exclusive possessory rights which is not a character of leave & license premise what all law firms mean in their L & L formats.
Rajpal Sharma
(Expert) 07 April 2011
Dear Mr. Prakash
You are absoluely rightand clause you have in your agreement is correct one. You should not go for any amendment. The moment you insert addition clause in L & L agreement to allow licensee to put an additional lock;licencee will get exclusive possession and the agreement would loose its status of L & L agreement and you will also loose your favourable rights i.e. possesion and termination. It is best to not to allow the licencee to put an additional lock. It may also leads to implications under The Indian Stamp Act.
prakash
(Querist) 07 April 2011
"A license is normally created where a person is granted the right to use premises without becoming entitled to exclusive possession of them. If the agreement is merely for the use of the property in a certain way and on certain terms while the property remains in the owner's possession and control, the agreement operates as a license.
"A ... license does not create any estate or interest in the property to which it relates. It only makes an act lawful which otherwise would be unlawful.
"A purely personal license is not assignable.
Def Halsbury's Laws of England
It means licensee should not come in exclusive possession failing which doctrine of equitable estopel will protect licensee's right not to evict please advice thanks to Rajpal
prakash
(Querist) 07 April 2011
Dear Rajpal . after undersdanding the def of license from duhaime.org I am now confirmed that licensor shall exclusively possess & control the premises.The main lock key with licensor signifies his legal possession & control,& hence even if additional movable lock is allowed its main key will again be with Licensor by conduct & writting . Under any circumstance the licensee cannot be given to install his own lock for his exclusive use This will prove fatal at eviction The Easement Act 1882 sec 54 on License gives a good illustration of equitable estoppel
But yet I request experts to give their valuable advice
