Bhavesh M. Thaker (nil) 12 May 2016

Licencee refuses to abide conditions mentioned in registered leave and licence agreement

In my Leave and Licence agreement condition was set that It is agreed by and between the parties hereto that the Licensee shall bear and pay the entire charges for consumption of Electricity and Consumption of Gas and use of the Telephone, Internet, Cable Charges, Plumbing Charges, Electrician Charges, Society Maintenance Charges, Annual Maintenance Charges of any equipment used and Other Utility Bills . The payment on these and other counts shall be made by the licensee through the Licensor. Even in that agreement it is mentioned that : The parties hereto expressly agree to have a “Lock-in-Period of 12 (Twelve) months from the date of commencement of this agreement during which the Licensee shall not be entitled to terminate this agreement. If the Licensee vacates the said premises or terminates these presents before expiry of Lock-in-Period, for whatsoever reason he shall be liable to pay to the Licensor the compensation up to expiry of Lock-in-Period. However, the Licensor may do so only after giving one month’s prior notice in writing to the Licensee even during the Lock-in-Period. Now licencee is refusing to pay Society Maintenance charges and informed me that he will vacant the flat by giving one month notice. The agreement is registered in the office of sub-registrar. What should I do?

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4 Replies

Kishor Mehta (CEO) 13 May 2016

Sir, Issue a notice and file eviction suit if the licensee does not rectify the breaches. Good Luck, Kishor Mehta

Bhavesh M. Thaker (nil) 13 May 2016

What is eviction suit? Any good lawyer name and contact nos.who can do this for me in Mumbai & Appx. how much fees is to be paid in such matter

P. Venu (Advocate) 13 May 2016

The condition that licensee is bound by 12 month lock-.in-period without any corresponding obligation on the licensor is not equitable and hence unenforceable. So is the condition that dues should be paid through the licensor.

T. Kalaiselvan, Advocate (Advocate) 14 May 2016

If the licencee is not obliging or complying to the conditions agreed vide registered L&L agreement, and insists on vacating the premise with one month notice, after receiving such notice the licencee may be informed in the reply to the notice mentioning the said clause of the condition and can inform him/her that the balance amount shall be deducted from the security deposit amount if he refuses to pay the same.

Further, this should be properly implemented