Leave and Licence Agreement
Leave and Licence Agreement
Leave and Licence Agreement
BETWEEN
AND
___________ LICENSEE” (which expression shall mean and include his heirs,
successors, legal representatives and assigns) of the OTHER PART.
WHEREAS the Licensor is the lawful owner vide sale deed dated and in
possession of flat bearing no___________
AND WHEREAS the Licensee has approached the Licensor for using the
afore said house / premises (herein after referred to as the “said premises” for the
sake of brevity) more fully described in schedule on a temporary basis for a period
of 11 months commencing from the the effective date , with option always that the
Licensee shall be entitled at his option to vacate the said premises after giving one
month’s advance notice to the Licensor even before the expiry of the aforesaid
period of license.
AND WHEREAS the Licensor has acceded to the said request of the
Licensee, and has agreed to permit the Licensor to occupy for a term of 11 months
only at a time, the said premises, purely on leave and license basis, strictly on
terms and conditions as appearing herein below.
AND WHEREAS the the date for occupation of premises by the Licensee
is on 1/3/2020.
3. The Licensee shall on the expiry of the period of eleven months ,vacate the
said premises unto the Licensor unless the same is not renewed.
4. The Licensee shall pay the agreed monthly license fee to the Licensor,
promptly, within the time stipulated in clause 1 hereinabove, and the Licensor
shall discharge a receipt of having received the said Licensee fee.
5. Upon non payment of agreed monthly license feeby within stipulated time
the interest of 10% per month shall be levied on the amount due and unpaid .
6. In case the Licensee commits any default in payment of the monthly license
fee, the license hereby granted will stand terminated at the behest of the Licensor
without any notice being served to the Licencee , and the Licensee will not be
entitled to continue to occupy the said premises and any occupancy in the said
premises will amount to illegal trespass. In such siuation ,Non action by the
Lincesor shall not be deemed to be waiver of right to take back the posession of
the rented premises.
7. The Licensee shall maintain the said premises however all the fixtures &
fittings brought by the Licensee in the said premises, the licensee shall be entitled
to take it back upon the expiration of the present deed or at the time of vacating the
said premises whichever is earlier.
9. That the Licensee shall keep the said premises, fitting and fixtures therein
in a good and habitable condition subject to normal wear and tear which also will
be repaired by the Licensee. The Licensee shall not, in any way impair, impede or
depreciate the value of the said premises. If any damages are caused to the said
premises on account of the fault or negligence of the Licensee, the same shall be
made good by the Licensee and in default , the licensor shall have right to recover
from the Licensee compensation of the damages so caused.The Licensee shall give
back the posession in the original state as handed over to him by the Lincensor
upon termination/expiry of the this agreement.
10. . In case of any damage and destruction, the Licensee shall pay the expense
for bringing back the property in its original form as mentioned in the schedule,
failing which the Licensor is entitled to remove the Licensee and or take
appropriate action against the Licensee.
11. The Licensee shall act with proper conduct with other occupants of the
building, and he shall not disturb / interfere with the neighbors in any way or shall
not commit any nuisance in or about the said premises. In the event of any dispute,
the lincesor shall have right to terminate the agreement on non followance of cease
and desist notice issued to the Lincensee
12. The Licensee shall not waste / misuse any amenities like electricity, water
etc. or commit any other act of waste or damage.
13. The Licensee shall, in addition to the license fee, pay during the continuance
of this agreement of Leave and License, the electricity and water charges for
consumption made by the Licensee in the said premises, however not the dues
which are pending before the execution of the present agreement. It is understood
that the said payments will be made on behalf of, and in the name of the Licensor,
and the paid receipts shall be made over to the Licensor.
14. THAT the LICENSEE shall not throw any dirt, rubbish, rags, garbage or
other refuse or permit the same to be thrown from the said premises in the
compound of the building or any other portion of the said property and hence shall
not create any nuisance to the other occupiers in the building or in its vicinity
15. The Licensee is strictly forbidden to stock in or about the said premises any
inflammable, explosive or hazardous articles/matter or any drugs as are restricted
under the NDPS Act.
16. That in the event for any reason the said premises is being sealed / seized etc
by the government authorities it shall be the responsibility to indemnify by either
party to this agreement on whose default such action has been initiated and
giveback the vacant and uninterrupted possession of the said premises to the other
so also bear the entire expense / cost for the same.
17. The Licensee shall not sublet the property to anyone except the prior
approval of the Lincesor nor can operate any business without prior approval and
production of licences permissions to the run such business, to the Lincensor .
18. That the Licensee is not authorized to sign any document on behalf of the
Licensor in respect of the said Premises without prior intimation to the Licensor
and without the prior written permission from the LICENSOR.
19. Both the parties cam give 1(one) months notice to the other party before
terminating the agreement prior to the expiry of this Agreement, inlieu of notice
,shall pay 1 (one) months rent to the other .
20. The Refundable deposit shall be payable upon termination and expiry of this
agreement
21. In the event of breach of any of the other terms and conditions of this
Agreement by the Licensee, the Licensor shall be entitled to revoke and cancel the
license hereby granted, with 2 days notice in writing to the Licensee, and
thereupon, the Licensee shall remove all his belongings/ wares / furniture, and
shall vacate the said premises without any demur.
22. TheLicensee, on failure to vacate or hand over the duplicate keys to the
Licensor on expiry of the said agreement or on revocation of the present agreement
the Licensee, shall be liable to pay the sum of Rs 800/-(Rupees eight hundred
only) per day towards illegal occupation of the said part of the Premises.
23. The Licensee hereby acknowledges the receipt in sound and proper
condition of the said premises &fixtures contained therein and agrees to use the
same with care, and to return the same to the Licensor in proper condition on the
expiry of this agreement or prior termination thereof. In case of any breakages /
damages thereto, the Licensor shall be compensated in full by the Licensee.
24. The Licensor covenant with the Licensee that the Licensor has full authority
to enter into the present agreement and in the event it is found unsatisfactory then
the Licensor shall compensate the Licensee as claimed by the Licensee.
25. All the communication to the parties shall be done on following means and
the parties shall be deemed to be served if communicated –
Lincesor – contact-
_______________
Lincesee – contact -
___________
26. The renewal of the present license has to be only in writing and by way of a
separate leave and license agreement duly signed by both the parties and duly
notarized.
27. The Licensee shall on the expiry of the period of eleven months or on prior
determination of this Agreement vacate the said premises unto the Licensor
without any demur incase the present license is not renewed .
29. Non payment of rent for two months will lead to automatic
termination,tenant to vacate,without notice from owner,non action by owner not be
deemed as waiver to take back the possesion of property or termination of
agreement
30. Lincensee Shall cooperate with police verification within two weeks or the
Lincesor is entitle to terminate the agreement .
31. Lincencee shall cooperate with police verification within two weeks from
the posession of the poroperty failing which the Lincensor shall be entitled to
terminate this agreement.
SCHEDULE
IN THE PRESENCE OF
1.
2.