Saturday, July 31, 2010

LEAVE AND LICENSE AGREEMENT

If and when our building goes for re-development, we will have to look for a rented apartment for years.....for which there has to be an agreement between lisensor and licensee.

It is important to know certain details. The Licensor agreed to give the said flat on Leave and license to the Licensee for the use and occupation of the said Licensee on the terms and condition as detailed hereunder.


An Agreement made at Mumbai
on this 27th day of May 2010 between -----------an adult, Indian inhabitant of Mumbai residing at ---------(Hereinafter called the Licensor of the first Part) AND------------------, an adult, Indian Inhabitant having his working address at--------------------, hereinafter referred to as “the Licensee”, which expression shall, unless it be repugnant to the subject or contexted or thereof be deemed to include its successors and assigns) of the OTHER PART.

WHEREAS the Licensor is the exclusive and lawful owner of and absolutely seized and possessed of or otherwise well and sufficiently entitled to the premise --------------------------------------

more particularly described in the Annexure hereto (hereinafter referred to as “the said flat”).

The Licensor agreed to give the said flat on Leave and license to the Licensee for the use and occupation of the said Licensee on the terms and condition as detailed hereunder.

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1.The Licensor hereby grants unto the licensee and the licensee hereby takes on leave and license the said flat for the use and occupation of the said License for a period of Eleven month from --------------------------

2.The said flat shall be used only for residence of the said Licensee and his family, and for on other purpose whatsoever.

3. The licensee shall pay to the Licensor a compensation of---------------------for the use the said flat including one car parking. The compensation so stipulated shall be paid by the Licensee to the licensor on or before the 5th day of each month in advance. The Licensee shall also pay for Gas, Electricity and Telephone over & above the monthly compensation.

4. That the Licensor shall continue to hold the sum of Rs. -------------------- Only) which has to be paid by the Licensee in one part as per terms & conditions of Leave and License agreement to the Licensor free of interest as Security deposit and which amount shall be refunded by the Licensor to the Licensee without and delay forthwith on expiry or sooner determination of the license after deducting there from any money owing to the Licensor by the Licensee under the terms of the Licensee. The Licensor shall refund the security deposit amount as mentioned above simultaneously with the handing over of the demised premises by the Licensee to the Licensor to the Licensor on expiry or sooner determination of the license.

5. The Licensor shall prepare an inventory / list of items, equipments etc. which from a part of the said flat and / or which the Licensor intends to provide along with the said flat to the Licensee. The compensation payable and the Security Deposit negotiated/agrees upon by the said licensee with the Licensor as per clause 3 and 4 of this Agreement respective, shall be all inclusive of the value of usage of the aforesaid items, equipments etc. provided by the Licensor with the said flat.

6. The licensee shall ensure that the said licensee delivers vacant and peaceful possession of the said flat on the expiry or earlier termination of this agreement in as good condition as it was when the licensee obtained possession except normal wear and tear.

7. The licensee shall not assign, mortgage or charge or otherwise transfer the said flat nor shall sell, sublet or part with the possession of the said flat or any portion thereof and the license shall be a personal one restricted to the use and occupation of the said Licensee alone and/or his family and is neither transferable nor intended to be transferable and shall be used only for the residential purpose of the said licensee. The licensee shall not carry on or permit or suffer to be carried on upon the said flat or any part thereof any business.

8. Nothing herein contained shall be construed as creating in the Licensee and/or the said Licensee any tenancy rights in respect of the said flat or any portion thereof or as creating any right other than a bare right to use and occupy the said flat as a Licensee under these presents, the intention of the parties hereto being to create a bare license only.

9. It is specifically understood by and between the parties that the licensee shall be liable only for payment of the compensation and security deposit as agreed in clause 3 and 4 of this agreement and for NOT any other amount (E.g., Society/Maintenance charges, water tax etc)

10. The licensee shall be at liberty to fix or install or bring all furniture, fittings including air conditioners, shelves, screens, racks, etc. into the said flat required for such residence with liberty, to remove the same on expiry or termination of this agreement or any time during the currency of this agreement without causing any damage to the said flat.

11. The Licensee shall not make any structural alterations of any kind whatsoever and also not erect or build or permit to be erected or built on the said flat any construction or erection without the prior permission in writing of the licensor and not to cause any damage to the said flat or to the fitting therein. If anything found damaged on expiry of license period damage amount will be recovered from the b\security deposit.

12. The License shall not carry out any acts or activities which are obnoxious, antisocial illegal or prejudicial to the norms of decency or etiquette or which cause a nuisance to the other members of the society in the building.

13. The Licensee shall not to do any act deed or thing willfully as would constitute a breach of the relevant standard rules, regulations and byelaws of the society.

14. The Licensee shall not do, omit or suffer to be done anything whereby the Licensor’s right, title and interest in the said flat is avoided, forfeited or extinguished.

15. The Licensee shall maintain the said flat clean and tidy and shall take care so as not to cause any damage to the fittings and fixtures in the said flat. The licensee shall not store in the keeping of which a license is required.

16. The entire possession and control of the said flat at all times shall remain with the licensor.

17. The Licensee shall not be deemed to be in exclusive occupation of the said flat and the Licensor or his agent or representative at all reasonable time, but with prior written notice, during the period of leave and license will have the right to enter upon the said flat for inspecting the state and condition of the same.

18. The Licensor hereby states that the licensor is the absolute owner of the said flat and all the rights, title and interests in the said flat vest absolutely in the licensor and the licensor is entitled to give the said flat on leave and license without any limitation, restriction or hindrance whatsoever.

19. The Licensor has not done or omitted to do any act, deed or things and shall not do or omit to do any act, deed or things, whereby the License in respect of the said flat granted hereunder shall become void or avoidable or be affected in any manner or cancelled or revoked or determined during the said period. Where the license is prematurely cancelled, revoked or determined on account of any act or omission on the part of the Licensor to do any act, matter, deed or things, the compensation shall stand reduced proportionately.

20. On expiry of the term of this license unless the license is renewed as provided hereunder or on termination of the license by either or the parties the Licensee shall ensure that the said licensee occupying the said flat shall remove himself/herself and all the goods from the said flat without demur and without any hindrance and hand over vacant and peaceful possession of the said flat to the Licensor.

21. Either party shall have the right to terminate this agreement without assigning any reason by giving the other party a one-month written notice.

22. All charges including registration and stamp duty charges if any shall be borne and paid by the Licensor and the Licensee equally in respect of this Agreement.

23. The Licensee shall keep and maintain the said flat along with the furniture, fixtures, fittings and articles lying therein and more particularly mentioned in Annexure 1 hereto in good and clean condition. However, the annual maintenance charges and any major repair costs of these equipments would be borne by the Licensor.

24. The Licensee shall not make any changes or alterations whether of temporary or of permanent nature in the said flat.

25. If any damage is caused to the said flat for any part thereof or to the articles lying therein during the period of this Agreement (usual wear and tear) the Licensee shall reimburse cost of such damages.

26. Save and except usual wear and tear in respect of the said flat, if any damage is caused by perpetual default or by any breach made by the Licensee during the period of this agreement, Licensee shall reasonable reimburse cost of such approved damages on actual basis.

27. The Licensee shall not change the lock of the main door of the said flat and duplicate key will be with Licensor. Except the Latch lock of the main door.

28. This Agreement expires on------------. The licensee shall have no right to enter the said room after that date.

29. If the Licensor fails to refund the Security Deposit of Rs. ------- either at the end of this Agreement or post notice period, then the Licensee shall have the right to continue to use the premises without paying any compensation until the Security Deposit is returned. Further, in the event there is a delay in refunding the Security Deposit, then the Licensor shall also be liable to pay 15% p.a. interest charge for each day of delay in handing over the Security Deposit to the Licensee.

30. That the facilities given to the licensee to use the undivided portion of the said flat shall not be construed by them as tenancy or sub-tenancy. The possession of the said entire Flat is with the Owner and shall continue to be so even during continuance of this Agreement.

31. This agreement is subject to the exclusive jurisdiction of Courts at Mumbai only and notice to be served hereunder shall be sufficiently served on the licensee and the Licensee and the Licensor if served by registered post at their respective addresses first hereinabove written.

32. Nothing herein contained shall be construed as creating any right, interest, tenancy or sub-tenancy or statutory tenancy of the said flat in favour of the Licensee, other than the permissive right of use and enjoyment of the said flat hereby granted nor shall the Licensee be deemed to be in exclusive possession of the said flat.



33. Upon expiry and non renewal of this agreement if the licensee fails or refuses to handover vacant and peaceful possession of the said flat to the Licensor for any reason whatsoever the Licensee shall be liable to pay twice amount of compensation specified above for each month or part thereof during such wrongful occupation.



34. This Agreement shall be subject to the provision of Maharashtra Rent Act, 1999.











IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals to this agreement in duplicate, the day and year hereinabove written.





SIGNED AND DELIVERED

By the within named Licensor

Mr/ Mrs. -------------------------

In the presence of……………….……………..



1.



2.







SIGNED AND DELIVERED

By the within named Licensee

Mr--------------------------------

In the presence of …………………………….



1.



2.

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