Sub Leting of Premises
Kanishk Saxena
(Querist) 27 November 2008
This query is : Resolved
Hi !
My Quer. is as follow :
1. Mr. A Let out his one Building to Mr. B, in which two flours are, but Mr. b get Rent Deed with Mr. A for complete Building both Flour).
2. Now in ground Flour Mr. B (tenant)running his own Business, and to 1st flour(second premises) he want to give on Rent to Mr. C(sub- leting), Can Mr. C take this flour on Rent for his Business.
3. Fact is this that there is no restriction in Rent Deed between Mr. A and Mr. B and also now Mr. B & Mr. C don't want to inform to Mr. A(owner).
4. Can Mr. C take this or He is liable to make any more Rent or Sub Rent Deed with Mr. A or Mr B.
5. If Mr. C not takes this precaution then in Future, at the time of coming the affiar in Mr. A's knowledge, Can Mr. do any type Legal process against Mr. C or not.
6. Or Mr. A can do only legal process against only Mr. B.
7. Or Mr. C can run his Business in said premises without any tension.
My main moto is to save to Mr. 'C'
Plz. guide me what should Mr. C to do for a safe Life and Business side.
8. And also tell me that will Mr. entitled to take any type Business Registration from other authority like Service Tax, Sales Tax and other, on the Basis of Sub Rent Deed, if He make with Mr. B.
...................
Prakash Yedhula
(Expert) 27 November 2008
The rented premises can be sublet to 'C' only with the prior permission from 'A'. Though the rent deed is silent about sub-letting clause, still the prior permission of 'A'is necessary.
'A' can very well sue both 'B' and 'C' for eviction. 'C' cannot legitimately carry on business in the premises.'C' can take the premises for rent at the risk of eviction.
