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Sayed Maqsood Ahmed   26 November 2023

leave and licence agreement

dear learned advocates

I gave my flat on rent for 11 months for 16000 pm rent and deposit Rs. 40,000 and executed a registered leave and license agreement with tenant

The agreement is expiring on 3rd December 2023. The tenant had defaulted in rent payment of rent for the last 2 months, and the deposit amount was adjusted towards rent so far.

I am afraid that the tenant is in no mood to vacate next month.

Sir, for your kind information, there's is a clause about taking possession of the flat by owner in the agreement that the owner can remove the belongings of the tenant if he doesn't vacate the flat upon expiration of agreement and without recourse to court of law.

In view of the above, you are kindky requested to advice a suitable legal action against the tenant.

thank you in advance.

kind regards


Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 November 2023

Asked the same query in the expert's column and was replied.

T. Kalaiselvan, Advocate (Advocate)     26 November 2023

You can proceed as per the clauses mentioned in this regard in the leave and license agreement. 

The person who occupies a room on the basis of a leave and license agreement is not a tenant, he is a licensee. 

After expiry of leave and license agreement the licensee cannot occupy that room by himself or by his things. If he does, he is a trespasser.

Licensor may evict a licensee by recovery of possession suit

a leave and licence agreement only grants permission to occupy the property.

the basis of the leave and licence agreement is found in the Indian Easements Act, 1882.

“Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property, the right is called a license,” reads Section 52 of the Indian Easements Act.

According to the Supreme Court (SC), if a document gives only a right to use the property in a particular way or under certain terms, while it remains in the possession and control of the owner thereof, it will be a license. Basically, no interest in the property is transferred to the tenant.

You can invoke the conditions of the L&L agreement and proceed. 

Sayed Maqsood Ahmed   27 November 2023

Many thanks sir

I highly appreciate your valuable legal point of view

Dr. J C Vashista (Advocate and Legal Consultant)     27 November 2023

Very well explained, opined and advised by learned expert Mr. T Kalaiselvan, I fully agree and appriciate his acumen.

Issue notice to hand over physical vacant possession and make payment of outstanding rent on or before last date of L & L failing which he has to be declared as "tresspasser" and you can claim damages and mesne profits.

T. Kalaiselvan, Advocate (Advocate)     27 November 2023

You are welcome for your appreciations 

Sanskriti Tiwari   27 November 2023

I'm sorry to hear about the difficulties with your tenant. The clause allowing the owner to remove belongings if the tenant doesn't vacate after the agreement's expiration could be enforceable if it's legally sound and complies with local landlord-tenant laws. However, before taking any action, it's crucial to consult with a legal professional or a real estate attorney specialized in landlord-tenant disputes. 

Meanwhile, document all the instances of non-payment of rent and any communication between you and the tenant regarding the issue. Send a formal notice to the tenant addressing the non-payment and the impending end of the agreement, clearly stating the consequences of not vacating as per the agreement terms.

Seek legal advice promptly. Depending on your location, there may be specific procedures and legal steps to follow, such as serving an eviction notice or obtaining a court order for possession. This process can vary widely across jurisdictions.

Engaging legal counsel can guide you through the correct legal procedures and help protect your rights as a landlord while ensuring the process is carried out within the bounds of the law.

P. Venu (Advocate)     29 November 2023

In my view, whatever be the terms and conditions, the landlord cannot take law into his hands. He is bound by the due process of law.

Of course, he can issue a legal notice based on the terms and conditions.


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