Leave & License Agreement
Query 1 :
Does a Leave & License agreement give automatic Right to the owner of the premises to takes possession? Particularly when the agreement contains written covenant s as under
“The relationship between the 2 parties is strictly that of a “Facility Provider” & “The beneficiary” thereof, at the charges agreed upon Nothing contained in this agreement shall be construed as a relationship of "landlord" and "tenant" nor shall the anything be construed as a “lease” between the two parties within the meaning of a lease as defined under the Transfer of Property Act, 1882 or any other act including the Rent Control Act nor shall any amounts paid be inferred as a “rent” within the meaning of any act including the Rent Control Act”
“It is to be explicitly understood that nothing contained in this agreement shall imply passing over of the possession of the premises anytime to the occupier and at all times the occupier shall remain only in the capacity of a “beneficiary” of the “facilities” provided by the owner of the premises to him”
Query 2 :
Despite the above clause can the occupier still claim himself as a tenant and take recourse to Rent Control or similar Acts?
Query 3 :
Can a civil Court still give a stay to the occupier if he does not vacate?
Query 4 :
What is really a better OPTION for the Landlord keeping in mind the objective that the occupier (tenant) leaves the premises at the end of the agreed period without being able to obtain a Court Stay Etc or without pushing the Landlord (Owner) to Litigation?
Query 5:
Can some learned member provide me a model format of a “Leave & License Agreement” containing enough safeguards in favour of a landlord including a safeguard that the occupier (tenant) is not able to approach a Civil Court and obtain a stay under the pretext of a Tenant & Landlord Relationship
