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dev pandya   08 May 2024

Leave and license agreement

Dear Sir,

If a leave and license agreement is not renewed after 11 months but the licensee continues to stay for9 years,does it become a lease /rental agreement, 


 8 Replies

Mr. Sumitra kumar (Advocate)     08 May 2024

To decide the naure of document, the content of the agreement has to perused.


Thank you.

P. Venu (Advocate)     08 May 2024

Is the tenant paying or remitting the rent as and when due?

dev pandya   08 May 2024

Dear Sir,

The tenant is paying the rent regularly, never a complain in 9 years,


Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 May 2024

A rent agreement is always necessary for tenant and landlord. Without agreement there is no tenancy. There can be oral agreement but it is almost impossible to prove the oral agreement in court.

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

By receiving the monthly rental amount regularly  the existence of  the landlord tenant relationship can be established..

The tenancy may be oral but it is still equally valid.

However it is advisable that you either renew the agreement or enter into a fresh agreement to avoid conflicts if any in future

dev pandya   09 May 2024

Thankyou Sir

P. Venu (Advocate)     09 May 2024

Originally posted by : dev pandya

Dear Sir,The tenant is paying the rent regularly, never a complain in 9 years,Thanks 

In the given facts, principle of holding over applies.  Holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant’s new rental term. If the landlord does not accept further rent payments, the tenant is considered to be trespassing, and if they do not promptly move out, an eviction proceedings could be initiated in accordance with the local rent laws.

Sidhhi   09 May 2024

Getting rent regularly doesn't absolve you from future trouble. You should have renewed the agreement as & when it's required. Please do so now with additional terms to protect you from unpleasant situation. Your tenant should not have any objection to this.
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