Leave & Liscence agreement
1 week ago
L& L agreement of 5 yrs done.
Tenant not paying rent from 23 months.
Legal notice given 6 months ago. Agreement mentioned that without recourse to the court liscensor can remove belongings of liscensee.
Can tenants electricity meter surrendered?
What tenant can do in that case?
If the landlord is in need of that house for his relative, isn't it his right to get that premises?
Surrendering electricity meter, can criminal case filed against landlord?
Which court this case will go?
A.Dear Client,
It may be worth noting that a Leave and License Agreement if executed for more than 11 months or a year requires registration under the Registration Act, paying requisite stamp duty and registration fees to make the documents legally enforceable under law. The leave and license Agreement is usually valid for an 11-month duration, with an option to renew it for another 11 months. In some states, it is mandatory to register the leave and license agreement for a rental period of more than 11 months. Registering a rent agreement is optional in case the rental period is less than or equal to 11 months. If the L & L agreement is not registered, the consequences of non-registration of a document under the Registration Act, 1908 shall follow. In the event of a dispute between the landlord and tenant, the unregistered document will not be admissible as evidence, and the Court may decline to pass an order for the eviction of the tenant. Apart from the eviction suit, a dispute between a tenant and landlord is also resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. You can also file an application explaining your grievance before the concerned Rent Controller to resolve the issue, but facing of same consequences before this forum may not be ruled out. Reached out to an Advocate for guidance and steps.
It may be worth noting that a Leave and License Agreement if executed for more than 11 months or a year requires registration under the Registration Act, paying requisite stamp duty and registration fees to make the documents legally enforceable under law. The leave and license Agreement is usually valid for an 11-month duration, with an option to renew it for another 11 months. In some states, it is mandatory to register the leave and license agreement for a rental period of more than 11 months. Registering a rent agreement is optional in case the rental period is less than or equal to 11 months. If the L & L agreement is not registered, the consequences of non-registration of a document under the Registration Act, 1908 shall follow. In the event of a dispute between the landlord and tenant, the unregistered document will not be admissible as evidence, and the Court may decline to pass an order for the eviction of the tenant. Apart from the eviction suit, a dispute between a tenant and landlord is also resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. You can also file an application explaining your grievance before the concerned Rent Controller to resolve the issue, but facing of same consequences before this forum may not be ruled out. Reached out to an Advocate for guidance and steps.
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A.Dear Client,
The licensor cannot curtail basic necessities to the licensee on the expiry of the leave and license agreement. However, the licensor can file a suit for eviction and recovery of possession before the jurisdictional civil court and seek for the eviction of the licensee and deposition of pending arrears of rent. If required, you can consult an advocate for advice and further recourse.
Hope it helps.
Thank you.
The licensor cannot curtail basic necessities to the licensee on the expiry of the leave and license agreement. However, the licensor can file a suit for eviction and recovery of possession before the jurisdictional civil court and seek for the eviction of the licensee and deposition of pending arrears of rent. If required, you can consult an advocate for advice and further recourse.
Hope it helps.
Thank you.
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A.Dear Sir,
You cannot stop basic necessities of such tenanted house which is illegal as per law. The proceedings before the Courts cannot be taken away by mutual agreement also. You have to file a suit for eviction and interim application asking him to deposit the arrears of rent if not deposited summarily a judgment of eviction will be passed.
You cannot stop basic necessities of such tenanted house which is illegal as per law. The proceedings before the Courts cannot be taken away by mutual agreement also. You have to file a suit for eviction and interim application asking him to deposit the arrears of rent if not deposited summarily a judgment of eviction will be passed.
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