Lease and license agreement renewal

Querist : Anonymous (Querist) 14 December 2010 This query is : Resolved
Hi,
I have been staying for 3+ years in a Rented flat with LL agreement which we renew and register every 11 months. My question:
1. Who is responsible for renewal registration+ stamp (franking): tenant or landlord?

2. What happens to tenant/landlord rights if the agreement expires due to efflux of time but rent is being paid on time every month and both landlord/tenant wish to continue arrangements without renewal?

Thanks!

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ESTHERPRIYA (Expert) 14 December 2010
Usually Landlord is responsible for making the agreement to avoid any difficulties in future. Similarly the tenant in some cases exceptionally as adviced by landlord will do the same it wholly depends on the intention of the parties.

Khaleel Ahmed Mohammed (Expert) 14 December 2010
If there is mutual understanding there will be no problem. The stamp duty alwayd born out by the tenant only.

Parveen Kr. Aggarwal (Expert) 14 December 2010
It is always between the landlord and tenant to decide who will pay for the stamps. Any of them may pay or they may share in the ratio mutually agreed upon.

In case there is no dispute, the tenant can occupy the demised premises even without a written agreement. Tenant can occupy a tenanted premises under oral agreement.

Kirti Kar Tripathi (Expert) 14 December 2010
yes, agree with Mr. Experts.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 December 2010
In absence of agreement its terms can not be proved. Landlords should avoid agreements their peril.

Devajyoti Barman (Expert) 14 December 2010
yes

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