use of premises after expiry of license agreement
yogesh
(Querist) 29 August 2009
This query is : Resolved
I had given my res premise to a listed pub ltd company on leave and license basis. The agreement was for three years expiring on 30 Apr 2009.there was a lock in on part of company so notice period for termination of agreement was not mentioned.On expiry of agreement company had to either vacate the premise or renew the agreement for a further period of 11 months on same conditions.Orally company had told me that they would be renewing the agreement.Yo be safe on 28 Apr i wrote company that they have to either vacate premises on 30 Apr or if premises is used after 30 Apr for whatever period it would be deemed as renewal of agreement and they will have to pay rent for 11 months. Suddenlly company vacated premises in June 2009.I intimated them that they have to pay rent for 11 months or atleast for three months which was notice or buffer period in previous agreements.I think there is a Mumbai Highcourt judgement directing licensee to pay double the rent if they use premise after expiry of agreement.Since i had clearly intimated company beforehand can i get above license fees for three months?I have also put my claim for repairs and damages to property due to use by company.How do i get both my above claims?
Raj Kumar Makkad
(Expert) 04 November 2009
Better you observe minutely the terms of your Lease and License Deed in this regard. It is legal and natural that yo are paid with the license fee at least for 3 months during which lessee used your premises.
