leave & license
Querist :
Anonymous
(Querist) 19 January 2010
This query is : Resolved
I had entered a leave & license agreement with a licensor and two other members along with me as licensees.
-The agreement read :
Leave & license agreement between:
xyz -licensor
&
1.abc
2.me
3.str
Hereafter called the licensees.
It was for a period of 11 months with six months lock in.
Terms of terminating were that any of the parties can terminate with one month's written notice period.
When I wanted to leave at the end of six month's as I had a mutual agreement with my flatmates that they would pay the rent after my one months notice period, I did not give the landlord notice. I assumed that the licensees need to give notice only if all the parties are vacating.
My flatmates have now gone back on their earlier agreement and the landlord has cut one month's rent from my deposit.
I have now sent a written notice but the landlord says that I can't give notice alone and all three have to give notice or I will have to continue to pay rent.
Is this true? What can be done now?
Guest
(Expert) 19 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE LL AGREEMENT KINDLY NOTE THAT.
1.YOU MAY REFER THE COPY OF YOUR LL.AGREEMENT.
2.ANY ONE CAN GIVE NOTICE OF ONE MONTH FOR TERMINATION OF AGREEMENT.YOU HAVE NOT GIVEN LEGAL NOTICE OF TERMINATING THE LL.AGREEMENT.HENCE LANDLORD HAS DEDUCTED ONE MONTH RENT IN LIEW OF ONE MONTH NOTICE.
3.BUT HE CAN NOT COMPEL YOU TO CONTINUE THE SAID LL.AGREEMENT
4.YOU MAY ENCLOSE THE COPIES OF RELEVENT DOCUMENTS INCLUDING LL.AGREEMENT AND ANY DOCUMENTARY PROOF REGARDING DEDUCTION OF ONE MONTH RENT IN LIEW OF NOTICE.AND YOU MAY FILE A CIVIL SUIT FOR RECOVERY OF YOUR DEPOSIT WITH LAND LORD.
5.YOU MAY WRITE OR SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
R.R. KRISHNAA
(Expert) 19 January 2010
Look into the agreement. If there is any clause that all the three licencees should pay the rent or together give quit notice, then the landlord is right. If there is no clause like that then you are entitled to give quit notice and vacate the premises by paying one month notice as per the agreement.
But since you have not given notice to the landlord regarding your agreement with your flatmates, the agreement with your flatmates will not be binding on the landlord and you are bound to pay the one month rent or one month notice to the landlord.
Querist :
Anonymous
(Querist) 20 January 2010
Thank you very much for your advice. I have now sent a letter of notice by speed post acknowledgement due.
Please confirm if the date of notice is the date of posting or receiving.
What happens in the circumstance that they are not at home repeatedly or do not accept the letter.
