LEAVE AND LICENCE AGREEMENT
THIS
AGREEMENT
is
made
at
Pune
on
this
,
BETWEEN
(PAN
), aged about
years,
Occupation
,
presently
residing
at
,
hereinafter
called
"THE
LICENSOR” which expression shall unless it be repugnant to the context or meaning
thereof be deemed to mean and include it's successors and permitted assigns) OF THE ONE
PART
AND
(PAN
) hereinafter referred to as "THE
LICENSEE" which expression shall unless it be repugnant to the context or meaning thereof
be deemed to mean and include their successors and permitted assigns OF THE OTHER
PART;
WHEREAS
The
Licensors
are
the
owners,
well
and
sufficiently
entitled
to
along with terraces attached
thereto
situated
at
in
the
Registration District of
and more particularly described in the Schedule
hereunder written ("hereinafter referred to as the "said flat").
The Licensors are also entitled to the use of two covered car parking spaces bearing No.
_________ in the compound of the said building (hereinafter referred to as "the said
parking spaces").
The Licensee being in need of residential accommodation for himself and his family
members has requested the Licensor to provide accommodation to occupy and use the said
flat and the said parking spaces together with their family members and servants without
granting or transferring any estate, interest or tenancy or easement or creating any other
right and merely by way of permissive user of the same, which the Licensor has agreed to
do on the terms and conditions hereinafter referred.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
Tenure
1. The Licensor hereby permits the Licensee and the Licensee hereby takes on Leave and
License basis the said flat and said parking spaces for effective from
__________________ ("the Commencement Date").
2. The minimum hire period shall be _________ months from the Commencement date
(“the lock-in period”).
3. The maximum period shall be __________ months from the commencement date (“the
maximum period”). The last date for this leave and license agreement thus arrives to be
_____________________ (“the last date”)
4. Notwithstanding anything contained in any clause of this agreement, in the event of
breach of any other clause in this agreement, for example, non-payment of monthly
license fees (rent), subletting, internal/external structural damages, etc. the
provision/clause for minimum license period shall not be applicable at all. In such cases,
the licensee shall be served with an immediate eviction notice, at the same time
attracting two months’ notice period pay (see clause 16). All dues may be recovered
from the security deposit mentioned aforesaid.
5. This leave and license agreement may be renewed on new terms and conditions after
the end of the maximum period.
Lease Fees, Society Charges, Security Deposit, etc.
6. In consideration of the licensor allowing the Licensee to use and occupy the said flat and
use the said parking spaces for parking vehicles only, the Licensee shall pay to the
Licensor a compensation or Lease Fee of ₹
(Rupees
)
per month.
7. In further consideration of the Licensor allowing to the Licensee to use along with the
flat for residential purposes, the furniture, fixtures and other articles mentioned in the
list annexed hereto and marked “ANNEXURE A” the Licensee has agreed to deposit with
the
Licensors
an
interest
free
security
deposit
of
₹
(Rupees
) on the execution hereof.
8. Lease fees will be payable in advance, on or before the 1st of each month from the
Commencement date herein above mentioned. A delay of over fifteen (15) days in this
regard, the licensee is liable to be served with an eviction notice with immediate effect
(see clause 4).
9. Lease Fees should be paid by NEFT/RTGS only directly to the bank account specified by
the Licensor (no cash or cheque).
10. Lease fees may be increased after the completion of the maximum period.
11. In addition to the above, the “
Housing Society” charges a monthly fee
for using club house and associated facilities. These fees are payable by the licensee.
The exact amount varies from time to time and the amount should be paid directly to
the society.
12. The Licensee shall also be required to purchase Car Ingress/Egress and Parking Stickers
from the society office at the prescribed price set by the Society at own cost.
13. The Licensor hereby agrees, declares and confirms that they will bear and pay the
following costs:
- All local taxes, cess and charges as levied by the
Municipal Corporation and
any increase thereof.
- Non-occupancy fees charged by the society
14. The Licensor shall lodge and register this agreement with the office of the Sub Registrar
of Assurances within the prescribed period as required by the provisions of
section
of the
Rent Control Act, 1999 and the Licensee agrees to admit
the execution thereof.
15. Stamp duty and registration charges in respect of this Leave and License shall be borne,
paid and shared equally by the Licensor and Licensee.
Termination of Agreement
16. No party can issue a notice of termination before the end of the lock-in period.
1. If the licensee issues such a notice, they shall be liable to pay the Lease Fees to
the licensor till the end of the lock-in period.
2. If the licensor issues such a notice, the licensor shall pay the licensee the
equivalent Lease Fees for the balance period from date of the termination notice
till the end of the lock-in period.
17. After the lock-in period, either party herein may terminate this Agreement any time
before the completion of the term of this agreement, for any reason whatsoever by
giving a
days’ notice to the other, either in writing or email. This date shall be
known as the termination date.
18. At the end of the normal tenure of this agreement, the agreement may be renewed
under new terms and conditions upon mutual consent.
Licensee’s Responsibilities at the end of termination of this agreement
On the expiry of the period of this license or its’ earlier termination, the Licensee shall:
19. Cause to be handed over to the Licensor quiet, peaceful and vacant possession of the
said flat and the said parking spaces and all the furniture fittings, fixtures and articles
belonging to the Licensor in good and proper condition (normal wear and tear expected).
20. Remove from the said flat any furniture, fittings, articles and effects brought in by the
Licensee in the said flat.
21. Settle all dues if any, payable to the Licensor and or any concerned authority with
respect to water, electricity and telephone charges.
22. Repair any damage caused to the furniture, fittings, fixtures and articles of the Licensor
as per Annexure A (other than normal wear and tear). Please refer to clause 24.
Liability and Damages Payable by the Licensee to the Licensor
23. The Licensee will not make or allow making structural changes to the said flat without
prior approval of the Licensor. Failure to do so will result in Licensor repairing the
damage and recovering the actual cost from the security deposit from the Licensor.
24. The flat and its contents as per “ANNEXURE A” must be returned in good condition
(normal wear and tear expected) and all dues settled and paid.
25. If at the end of the tenure and/or early termination of this agreement the flat and the
furniture, fixtures and other articles (as included in Annexure A) are not found to a
reasonable level and standard of maintenance (normal wear and tear expected) then the
Licensor can and will deduct reasonable cost as damages from the security deposit.
26. In case of excessive damage to the Furniture and Fixtures, Wall Paint and Furniture
Polish (beyond expected wear and tear), the Licensor shall get the flat repainted as per
the original specifications in which it was handed over, viz., as follows:
 Lobby Entrance, Living Room, Dining, Kitchen, Master bedroom, all bathroom/
toilets and common passages inside the flat: Lustre quality paint
 All bedrooms other than the Master bedroom: Oil bound distemper paint
 Main terrace, bedroom terrace, and dry balcony to kitchen: Standard White
exterior paint
 All window grills, hand rails on terraces, etc.: Black oil paint
 Main entrance door, wardrobe and dressing table in master bed suite,
TV/Entertainment unit in Living room, Showcase with side drawers in Guest
bedroom: Melamine polish
 All inside doors: standard polish
Please refer to clause 24.
27. In the event of damages claimed by the Licensor for the reasons stated in the said
clause 24, and the licensee does not agree to amount of damages claimed, the same
shall be determined by an independent and expert assessor of that field. Such an expert
shall be mutually agreed upon and appointed by both the parties herein. The cost of
such expert shall be borne and paid equally by the Licensee and Licensor. The decision
of such expert shall be binding on both the parties herein. It is agreed that till the time
the expert gives his/her decision, the claims of the Licensor shall not be held to be
binding on the Licensee.
28. Other than the above, the Licensor agrees to indemnify and keep harmless the Licensee
always from any claims, losses, expenses, costs, damages and/or any or all
consequences from any and/or all persons or parties or Society that may arise and/or be
claimed and/or be incurred with respect to the title and/or possession and/or the usage
of the said flat and said parking spaces licensed to the Licensee.
29. The parties expressly agree that only the Competent Courts of Jurisdiction at Pune shall
have exclusive jurisdiction in all matters arising hereunder.
Refund of Security Deposit
30. The security deposit, as mentioned in clause 7, shall be refunded together with the
handing over of the said flat after the termination date of this agreement subject to the
any or all the clauses mentioned under the section “Liability and Damages Payable by
the Licensee to the Licensor”. It is agreed that such refund of the security deposit shall
be made by either by NEFT/RTGS or Cheque in favour of the Licensee by the Licensor.
31. Refund of the security deposit, less the claims and damages if any as mentioned
aforesaid, shall be together with the handing over of the said flat.
32. At the end of the successful termination of this leave and license agreement (earlier or
otherwise), if the Licensors fail to refund to the Licensee the security deposit, minus
claims and damages, if any, as aforesaid, the Licensee shall be entitled to an interest of
18% per annum on the entire amount or on the balance due whichever the case may
be.
33. In the event notice of termination is given by the Licensor and the Licensee fails to
handover the vacant and peaceful possession of the said flat and the said parking spaces
to the Licensor on or before the expiry of 60 (Sixty) days from the date of receipt of
notice for termination, and in spite of the Licensor’s willingness and readiness to refund
the security deposit as aforesaid to the Licensee at the time of taking over possession
from the Licensee, the Licensee shall from the date of expiry of 60 (sixty) days, pay to
the Licensor the sum of ₹3000/- (Rupees Three Thousand) per day for occupying the
said flat and the said parking spaces till the date of handing over the vacant and
peaceful possession of the same to the Licensor.
Other Terms and Conditions
34. The Licensors have represented and assured that Society of the said building has been
formed and the said building is managed and owned by the said society. The Licensor
shall provide the copy of the share certificate to the Licensee.
35. The Licensor shall intimate and obtain a “No Objection Certificate (NOC)” from the
society for giving the said flat and said parking spaces on leave and license to the
Licensee. A copy of the said NOC shall be obtained within fifteen days of registration of
this agreement.
36. The Licensor represents, ensures and confirms that it shall be the sole responsibility of
the Licensor to ensure that the ingress and egress of the Licensee in the said building,
the said flat and the said parking spaces and occupation of the same is not disturbed by
the said Society or its office bearers acting on its behalf at all times in any manner
whatsoever till such time the Licensee is in possession and/or occupation of the said flat
and parking spaces as per the terms of this agreement.
37. The Licensee will use the said flat for the purpose of residence only and will not carry out
any commercial activity and/or office of profit/non-profit within the said flat.
38. The Licensee at its own discretion shall be entitled to use and occupy the said flat and
the said parking spaces by himself and any of his family members and servants on the
same terms and conditions contained herein.
39. The Licensee shall be responsible for the day to day maintenance of the said flat and the
furniture, fixtures and other articles presently provided by the Licensor in the said Flat
as per “Annexure A” hereto and shall ensure that rectification and/or repairs are carried
out in a manner and form so as to keep and maintain the said flat and the furniture,
fixtures and other articles as is expected of a prudent person. The Licensee shall at its
cost endeavour to do all that is necessary to maintain the said flat and the furniture,
fixtures and other articles to a reasonable level and standard (normal wear and tear
expected) as on the Commencement Date.
40. In the event of failure of any of the appliances or fixtures or fittings provided in the said
flat, not expressly caused by the negligence of the licensee (e.g. failure of airconditioner, refrigerator compressor, heating element of water heater or such other
mechanical or electrical failures) the repairs or rectification of the same will be carried
out by Licensor and such cost shall be borne by the Licensor only.
41. The Licensee and/or any person on behalf of the Licensee shall not make or permit to be
made any alterations or additions to the construction or arrangement (internal or
external) of permanent nature in the said premises without the prior approval of the
Licensor. Unless otherwise, it is understood that on expiry of this agreement or sooner,
as provided herein, the Licensee shall hand over the said flat/premises in the same
condition as it has been given to the Licensee on the commencement of the license
hereby granted.
42. The Licensor reserves its right to inspect the said flat at a reasonable time by giving 2
days prior notice or information in writing or on telephone, E-Mail, etc. to the Licensee.
The Licensee shall not refuse permission to the Licensor or their authorized
representative to inspect the said flat.
43. The Licensee shall pay regularly and on time the electricity usage charges (as per the
respective meters and bills) for the electricity used in the said flat during the Lease
tenure. The same should be paid directly to the concerned authority or its authorized
collection agency. Failure to do so may result in punitive action by concerned authorities
which may result in fines, cutting off the supply, etc. Any financial implication of such
actions shall be borne and paid by the licensee.
44. The Licensee alone shall be responsible for securing supplementary services such as gas,
telephone, broadband, cable/DTH TV, etc. The Licensee is entitled to apply for any
number of gas, telephone, internet, broadband, E-Mail and/or cable/DTH TV connections
in their own name in the said flat at their own cost and expenses. It is agreed by the
Licensor that it shall give its no objection for obtaining such connections. For fixing of
DTH and other such connection, the Licensee shall seek prior approval for drilling holes
into outer perimeter walls, etc. (A hole by cable inlet is already provided in the living hall
at the corner).
45. The Licensee shall be at liberty to bring into the said flat their own furniture, white
goods, appliances and other articles to suit their purpose and conveniences provided
that such furniture, fixtures and other articles shall be removed from the said flat on the
expiration or earlier termination of this agreement without causing any damage to the
said flat by such removal.
46. Pets of any kind/type shall not be permitted.
47. The Licensee shall not commit or permit commission of any acts or activities which are
illegal or prejudicial to the norms of decency or which cause nuisance to other residents
of the said building or in breach of the rules and regulations of the Society or of the
Municipal Corporation or other empowered authorities or which can cause any damage
to the said flat or the said building or any part thereof.
48. The Licensee undertakes to observe and perform all the terms, conditions, agreement,
covenants and provisions on which the Licensor holds the said flat and shall also observe
and perform the rules, regulations and by-laws for the time being in force of the said
Society except for what is agreed herein. A copy of the society by-laws can be made
available on request.
49. The Licensee shall not keep or store in or upon any part of the said premises petrol
(gasoline), goods of combustible, hazardous or explosive nature, except when goods of
such nature are required for regular household use only and as permitted by the Law.
50. The Licensee shall not assign or charge or otherwise transfer the said flat and the said
parking spaces nor shall sublet or part with the possession of the said flat and the said
parking spaces or any portion thereof to any third party.
51. It is expressly agreed, declared and understood that the Licensee shall not have any
right, title or interest of any kind whatsoever in the said flat and the said parking spaces
are being allowed to be used and occupied by Licensee on bare license for occupation by
its senior executive and his family members and servants under these presents and such
occupation shall not be treated as deemed to be nor it is intended to be a tenancy or
ascertaining any interest in the said flat and the said parking spaces. Nothing herein
contained shall be construed as creating any right, interest, tenancy or sub-tenancy
(statutory or otherwise) whatsoever in favour of the Licensee in or over or upon the said
flat or any part thereof or as transferring any interest therein in favour of the Licensee
other than the permissive right of use and occupation hereby granted.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective
hands and seals the day and year first hereinabove written.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT Flat No.
, admeasuring
building
known
at
Village
of
.
SIGNED AND DELIVERED
)
by the “LICENSOR” or by the hand of its Authorised
)
)
Signatory
)
1.
)
in the presence of:
)
)
1.
)
)
2.
)
SIGNED AND DELIVERED
)
by the “LICENSOR” or by the hand of its Authorised
)
)
Signatory ________________________________
)
in the presence of:
)
)
1.
)
)
2.
)
sq. ft. on the
floor of the
as _____________ situated
in the Registration District
ANNEXURE A
SECOND SCHEDULE ABOVE REFERRED TO as
Attached Fittings & Furniture
<Make a full list of the inventory of items in the apartment and mention their condition.
Get the signation of landlord and tenant on this.>
Sr. Room/Location
Furniture or Equipment
Condition
/