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ESN MURTY (RETD)     12 January 2011

Leave and license agreement

Dear experts,

 While the rent control act in AP atracts all cases  where the rent is less than Rs.3000,  kindly clarify , whether a LEAVE AND LICENSE  agreement for 2800 per month is enforceable with out falling under the restrictive laws of the AP Rent control Act ?



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 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 January 2011

Once your tenancy is more than twelve months the tenant has protection.

ESN MURTY (RETD)     13 January 2011

Dear Sasikumarji,

                               Kindly notice that there is distinction between tenancy and  leave and license agreeement THE LATTER  is a derivative of easements and your point therefoe does not stand to reason.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     13 January 2011

Yes it may be derivative of easement but can not be streched beyond twelve months in voilation of TP act. If you disagree please give relevant legal provisions.

ESN MURTY (RETD)     13 January 2011

Dear Sasiji,

                    There is no provision preventing term of lease/  licenseagreemebt  BEYOND 12 MONTHS  in any of the ACTS. The only thing that the provisions of respective state laws say is that the document of lease/ license is to be registered if it is beyond 11 months( in AP  all such agreements irrespective of 11 months above or below are cumpulsorily registered).The  most prominent distinction  is that the licensee does not get any rights as in the case of al lessee (lease hold rights and extension of such rights to the next heir in case of the death of the lessee).

ESN MURTY (RETD)     13 January 2011

Dear experts,

 While the rent control act in AP atracts all cases  where the rent is less than Rs.3000,  kindly clarify , whether a LEAVE AND LICENSE  agreement for 2800 per month is enforceable with out falling under the restrictive laws of the AP Rent control Act ?


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