A Leave and License
Agreement is an Agreement where the licensor (Owner) allows the licensee
(Renter) to temporarily occupy and use one portion of immovable property for
carrying on his business for residential purposes.
“Leave and License” is different compared to rental or lease agreement. Under
'Leave and License', the 'Owner' leaves the property with various facilities and
amenities and give license to the other party to use the complete set of things
including services and amenities while the Owner is on 'Leave' for a specific
period. Once the 'Leave' is over when the 'Owner' returns, the entire set of
facilities are to be left behind and another party should leave the
premises.
Leave and License Agreement holder should not make any other alterations or use
the premises for other activities than what was initially projected.
We at Easy Rent Agreement,
Pune,Maharashtra provide Online Leave and Licence Agreement, you
can fix an appointment, we provide doorstep visit for verification and other
procedures.
Important clauses to add in Leave and License agreement
Leave and license agreement is important in protecting the rights of both the
parties Owner and the renter. It is important that conditions must be put down
on legal stamp paper and legally registered by government authorities i.e the
Sub-Registrar’s Office to protect the interests of both parties.
Licensees( renter )need to guarantee that the agreement openly records splitting
of license fee payable and also respective obligations towards his/her share of
the aggregate license fee. However, if there are more than one licensees then
all will be responsible for the total fee.
There is a provision In case if one of the licensees wants to leave the
agreement, there is no need to terminate the whole agreement, the remaining
licensee can continue with the same. This provision must be inserted while
drafting to save time and other procedures.
If the Licensee or renter incur any major expenses regarding furnishing or
maintenance, add a clause that ensures that licensor has to repay such major
expenses in the agreement period.
Licensee should reserve the right to retain occupancy of premises and property
free of rent if, after the termination of term or agreement, the licensor
refuses to return the security deposit.
Why Registration of Leave and License Agreement is Important
Nobody wants to see themselves involved in legal disputes, Any agreement for
leave and license has to be in writing and it is mandatory to register the
agreement.
The responsibility of getting such agreement registered is on the licensor. Any
licensor who violates these provisions is liable to be punished with
imprisonment up to three months or with fine up to Rs. five thousand or with
both.
The Renter or the Licensee is liable for paying the Stamp Duty and the
E-Registration charges. Though, it is the Licensor who will be responsible in
his absence while registration of the agreement. Hence, the landlord must ensure
that the registration of the document is obligatory.
You can complete the procedure of Leave and Licence Agreement
Registration at Easy Rent Agreement in all over Maharashtra our
experienced experts will guide you from drafting the Leave & License
Agreement to its Registration.
The unregistered Agreement has no legal value in case of a dispute going to the
court of law, it will not be taken as evidence. To protect the rights of both
parties, Licensor and Licensee(owner and renter) Leave and Licence Agreement and
its Registration is a must.