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kaushik pandya (owner)     12 May 2024

Leave and license agreement

I have given my 3 bhk flat on LL agreement since 2008,I have renewed the agreement for 11 months only 2 times in 2014,2018,with same licensee, now I sent a notice to vacate the flat,he refused to vacate saying since I was a longterm tenant ,I will seek protection under tenancy act,

Please guide



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 13 Replies

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

You have no option than to file an eviction suit to evict him by due process of law.

If you have been receiving the monthly rent regularly then the landlord tenancy is established hence you can file an eviction suit only because in the absence of a valid registered agreement you may not be able to evict him by filing a petition before rent controller court.

1 Like

kaushik pandya (owner)     12 May 2024

Dear Sir,Thankyou for the prompt reply, 

Can I file a criminal complaint for trespassing Sir ?

 

Thanks 

Dr. J C Vashista (Advocate )     12 May 2024

If you do not want to extend tenancy, file a suit for eviction of tenant through a local prudent lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

Since the landlord tenancy relationship has been established as you have been receiving the monthly rental amount, it cannot be treated as criminal trespass, therefore you do not imagine your own remedy on this, you may follow the procedures of law in a proper way if you are really serious to find a solution to your current problem

1 Like

kaushik pandya (owner)     12 May 2024

Thankyou Sir,

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

You are welcome Mr Kaushik 

kaushik pandya (owner)     12 May 2024

Dear Sir,

is the below mentioned correct,

Claim of tenant is legally not maintainable. As per law tenancy stand extended on monthly basis till landlord accept rent as tendered by tenant. So terminate his tenancy and file eviction petition. 

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You have got the point.

You can proceed as suggested to evict the tenant.

kaushik pandya (owner)     14 May 2024

Thankyou Sir,

Dear Sir,

is the below mentioned correct,

Long duration of the occupation doesn't provide lease right under the tenancy law. The agreement provides only the occupation / leave and license right

Thanks

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

A leave and licence agreement is a contract between a licensor and licensee that allows the latter to occupy the former's property for a certain period

As a result, rather than a tenancy, permission to occupy is granted on a leave and licence basis. A contract like this makes eviction easier and gives the landlord more power overall.

he benefits of a leave and license agreement are manifold, as it provides legal clarity and protection for both landlords and tenants. This agreement grants restricted rights to tenants without transferring property ownership.

Dr. J C Vashista (Advocate )     14 May 2024

A tenant shall always remain a tenant, irrespective of  period of occupancy.

kaushik pandya (owner)     14 May 2024

leave and licence agreement is a contract between a licensor and licensee that allows the latter to occupy the former's property for a certain period,

Dear Sir,

You mention above for a certain period,but what happens after the certain period is over,and the leave and licence agreement is not renewed for over 5 yearsant the tenant is paying rent regularly, does it not become a landlord/tenant relationship rather than licencor/licencee ??

Read more at: https://www.lawyersclubindia.com/forum/leave-and-license-agreement-234059.asp

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

It is the fault of the landlord to continue with tenancy without renewing the L and L agreement.

Whatever it cannot be converted into regular rental agreement, on the basis of the leave and license agreement you can very well instruct him to vacate by giving just 15 days time.


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