LEAVE AND LICENSE AGREEMENT
THIS AGREEMENT made at Mumbai on this ____ day of ________,
200_ BETWEEN ________________, residing at ________________,
_____________________________________________________________.
Hereinafter called the “LICENSOR” (which expression shall whenever the
context so requires or admits means and includes his/her heirs, executors,
administrators and assigns) of the One Part
AND
____________________, Indian Inhabitant having his/her
permanent address at ______________________________________.
Hereinafter called the “LICENSEE” (which expression shall whenever the
context so requires or admits means and includes his/her heirs, executors,
administrators and assigns) of the Other Part.
Whereas the LICENSOR is lawful owner of and otherwise well
sufficiently entitled to and seized and possessed of ______________
_____________________________________________________________.
Hereinafter referred to as the SAID PREMISES.
AND WHEREAS the Licensee being in need of Residential Premises
has approached the Licensor through an agent with a request to permit the
Licensee to occupy ___ bedroom hall, Kitchen in the said premises by Leave
and License for the purpose of residential use for a period of __ months
{along with furniture, fixture, fittings & appliances}.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES AS UNDER:
1.
That the Licensor doth hereby grants to the Licensee – Leave and
License to enter into upon and remain in the said premises for a period
of __ months commencing from ____________to ____________ for
residential use by the Licensee and his/her family.
2.
That the License hereby granted shall unless withdrawn, cancelled or
revoked earlier under any provision of this agreement remain in force
for the period of __ (______) months only.
3.
That the Licensee shall have no right to create any sub License or
assign or transfer in any manner the License or give to any one the
possession of the said premises or any part thereof, except for
residential use only by him/her or with his/her family.
4.
That the Licensee shall not use or permit to be used the said premises
for any illegal or improper purpose or as public house and shall not
do, cause, permit or suffer upon the said premises or any part thereof
anything which may be or become a nuisance or annoyance or cause
damage to or prejudicially effect the interest of the Licensor or any
other neighboring occupiers.
5.
That the Licensee shall not do or suffer to be done anything, which
may invalidate the Insurance of the Society’s building in which the
licensed said premises is situated.
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6.
That the Licensee has before signing of this agreement satisfied
himself / herself with the working of sanitary, electrical and water
supply connection pertaining to the said premises. He/She agrees that
he/she shall be responsible for their return in full working condition at
the time of repossession of the said premises on termination of this
agreement.
7.
That the Licensee is not authorized to make any permanent additions
or alterations in the construction of the said premises whatsoever the
case may be.
8.
The Licensor or his/her duly authorized agent shall have the right to
enter into upon the licensed said premises or any part thereof at
mutually agreed time for the purpose of inspection.
9.
That the Licensor shall not in any event be responsible or liable for
any loss or damage to any goods or property of the Licensee
whatsoever be the cause of such loss or damage.
10.
That the Licensee shall use the said premises {along with furniture,
fixtures and fittings} and shall see that the same is used in careful and
responsible manner and shall make good to the Licensor all such
damages or loss as the Licensor may sustain whether the same be
caused by the Licensee or his/her visitors to the said premise
(reasonable wear and tear or damage by fire, flood, rain, accident,
irresistible force or act of God excepted). The said premises would be
handed over to the Licensor exactly in the same state as it was taken
possession of.
11.
This agreement is governed strictly under Leave and License terms
and the Licensee shall deliver the possession of the premises to the
Licensor {along with furniture, fixtures and fittings} on expiry of the
period of this agreement and the Licensor is entitled to recover
possession of the said premises on expiry of this agreement as per
provisions of section 24 of Maharashtra Rent Control Act, 1999.
12.
In addition to the license fee mentioned the Licensee should pay
electricity bills as per the meter, telephone bills, TV cable charges and
gas charges and car parking charges to the authorities concerned on
time and that the Licensor shall not be responsible for the
disconnection if the payment is not made on time.
13.
The Licensee shall pay to the Licensor, Licence fee and / or
compensation of Rs. ______/- (Rupees ___________________ Only)
which amount shall be payable on or before the __ of every month.
14.
In addition to the monthly licence fee and/ or compensation payable
by the Licensee to the Licensor, the Licensee shall deposit and keep
deposited with the Licensor sum of Rs. ________/- (Rupees
_________ Only) as security deposit for the due performance of the
terms and conditions of this presents. The said deposit shall not carry
any interest and shall be refunded by the Licensor to the Licensee on
expiry or upon the earlier determination of this presents after
deducting there from any amounts payable by the Licensee to the
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Licensor under this agreement and all other losses and damages
caused to the Licensor by damage or distention or demolition of the
said premises or non payment of any bills/taxes agreed to be paid by
the Licensees under these presents. The said sum of security deposits
after deductions shall be repaid by the Licensor to the Licensee at the
time of handing over to the Licensor vacant possession of the said
premises.
15.
In the event of the Licensee:a)
b)
c)
d)
committing a breach of any of the terms and conditions of this
agreement, or
not paying the monthly compensation for a consecutive period
of 2 months.
Going into voluntary or compulsory liquidation or
In any way jeopardizing the rights, title and interest of the
Licensor in respect, title and interest of the Licensor in respect
of the said premises.
The Licensor shall be entitled to terminate this Agreement by giving a
15 days notice, and in such an event, after the expiry of the period of
such notice the Licensee may not be allowed to enter the said
premises.
16.a)
In the event the Licensee fails to hand over vacant and peaceful
possession and occupation on expiry of this agreement either by efflux
of time or sooner its determination as provided hereinabove the
Licensee shall pay Rs. ____/- (Rupees ________________ only) per
day, in addition to the monthly to the monthly compensation, as prorata compensation from the next day until the said premises is in the
possession and occupation of the Licensor. The Licensee shall also be
liable to bear and pay al other consequential expenses that may be
incurred by the Licensor to obtain repossession and occupation of the
said premises from the Licensee and the Licensee hereby undertake to
keep indemnified the Licensor hereto.
b)
In the event the Licensor fails to handover the Interest free
Security Deposit to the Licensee on their eagerness to handover
vacant and peaceful possession and occupation, to the Licensor, on
expiry or by efflux of time, or its sooner determination as provided
hereinabove, then the Licensor shall pay a penalty on the amount of
security deposit @18% per annum as pro – rata compensation till the
day he returns the said deposit and any unutilized portion of the
advance license fee to the Licensee, and in that event the Licensee
shall occupy the said premises without paying any compensation until
the said Security deposit is refunded by the Licensor to the Licensee.
17.
The Licensee hereby admit and acknowledge that it is the express
intention of the parties to this agreement that the relationship of
landlord and tenant shall and be deemed to be created hereby or
otherwise between them under any circumstances whatsoever. This
agreement merely confirms, bares possession of Leave and License
and does not create any interest into or upon the said premises or any
part thereof in favour of the Licensee. It is not intended by this
agreement to create any lease or sub-lease or any other rights, titles
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and interests into upon the said premises in favour of the Licensee and
the Licensee hereby agrees that under no circumstances the Licensee
shall any right to tenancy, sub-tenancy or any other right of any nature
into or upon the said premises.
18.
At the time of handing over the vacant possession the Licensor will be
entitled to retain an amount of Rs. _______/- (Rupees ________ only)
from the security deposit amount of Rs. ________/- (Rupees
___________ only) to ascertain the last electric bill and after receipt
of the same and after deduction of the said bill/s amount the balance
amount remaining from the said retained amount of Rs. ______/(Rupees _________________ only) shall be refunded to the Licensee.
19.
That the Licensor and the Licensee hereby agree that the original key
of the said premises is with the Licensor and whereas duplicate key is
with the Licensee and on no account the said be changed by the
Licensee.
20.
That the Licensor shall pay all existing and future rents, rates, taxes,
assessments, cessess or other outgoings, central, state, municipal
assessed charges, imposed, levies or payable in respect of the said
premises or any part thereof including the ground rent and all
maintenance charges levied recovered by the owner of the building in
respect of the said premises including non-occupation if any.
21.
Both the Licensee as well as the Licensor shall have an option to
terminate this agreement by giving _ (___) month’s notice in writing
to the other side of their intension to do so and at the earlier
termination only after the first ___ months of this agreement, if any.
22.
During the last month of the contract the Licensee shall allow the
Licensor to have access to the said flat, for him to exhibit the flat to
other prospective clients at mutually agreed time and date.
23.
The original agreement will remain with the Licensor and the copy
duly signed by both the parties shall remain with the Licensee.
24.
Stamp duty and registration charges shall be borne by both the parties
equally.
DESCRIPTION OF THE FLAT
Address:
_______________,
_______________,
_______________,
_______________.
Consisting of: ___ - B.H.K. and is unfurnished/furnish.
IN WITNESS WHEREOF the parties hereto have set their hands on the day
and year hereinabove first mentioned.
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Signed, Sealed & Delivered
By the within named LICENSOR
_________________
In the presence of……………..
)
)
)
)
Signed, Sealed & Delivered
By the within named LICENSEE
____________________
In the presence of…………….
)
)
)
)
RECEIPT
Received with thanks a sum of Rs.________/- (Rupees ___________ only)
by cheque No. ____________ drawn on_____________________________
dated __________from the within named Licensee as an interest free deposit
for the possession of the flat as per the above Leave and License agreement
commencing from ___________ to ___________.
I SAY RECEIVED
_______________
(LICENSOR)
WITNESSES:
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1.
2.
ANNEXTURE”A”
LIST OF FURNITURE, FIXTURE, FITTINGS AND
ELECTRICAL APPLIANCES
1. ____________________________________
2. ____________________________________
3. ____________________________________
4. ____________________________________
5. ____________________________________
6. ____________________________________
7. ____________________________________
PRIME REALTORS – www.primerealtors.co.in