Whether you are renting a house for yourself or giving your house on rent, it is important to understand the legalities that are associated with renting. One of the most important agreements in the realm of renting is understanding why a Leave and Licence Agreement is crucial for both landlords and tenants.

This legal document serves as the foundation for a harmonious landlord-tenant relationship, outlining rights, responsibilities, and the terms of occupancy. In this article, we will provide a comprehensive guide that will give you information about all the key aspects of Leave and Licence Agreements, how it is different from a rent agreement, and also mention the kind of formats of Leave and Licence agreements and from where you can download these formats.

Also Read:  How to Pay Property Tax in Delhi 2024

Identification of Parties

A Leave and Licence Agreement clearly state the following:

• Party Category
• Addresses of both the Party
• First, Middle, and Last Name of Party
• Gender
• Age
• PAN Number
• Occupation
• E-mail ID
• Mobile number
• ID proof, etc.

Property Details

The details of the property being licensed, including the address and any specific terms related to its use such as :

• Plot Number
  
• Khata Number
• CTS Number
• Milkat Number
• Building Name/Building Number/Floor Number
• Parking Area and Parking Area Unit
• Gallery Area and Gallery Area Unit
• Street or Locality
• Taluka
• City
• Pin Code
• State
• Property type
• Location
• Duration of Licence
• The start and end dates of the agreement are defined such as
• Date from the calendar from which the agreement is applicable
• The date at which the agreement terminates

• The start and end date of the agreement defined suchas
• Date from the calendar from which the agreement is applicable
• The date at which the agreement terminates

Rent and Deposit

• The agreed-upon rent amount, payment frequency, and any security deposit requirements. Include details about penalties for late payments.
  
• Refundable Deposit
• Non-Refundable Deposit
• Type of rent
• Amount of Monthly Rents

Maintenance Responsibilities

 The responsibilities of both parties concerning property maintenance, repairs, and upkeep should be mentioned clearly

Clarity of Terms

Clearly outlines the expectations and obligations of both the landlord and tenant, minimizing misunderstandings.

While leave and licence agreements don't necessarily need to be registered, it is advisable to do so to ensure legal validity. The agreement should be executed on stamp paper of appropriate value, signed by both parties, and ideally attested by witnesses.

Also Read:  Stamp Duty and Property Registration Charges in Delhi 2024

LEAVE AND LICENSE AGREEMENT

Particulars Amount Paid GRN No. Date Deface No. Stamp Duty Rs. (Amount) /- (GRN) (Date) Registration Fee Rs. (Amount) /- (GRN) (Date)

LEAVE AND LICENSE AGREEMENT This agreement is made and executed on (Date) at (City) Between, (Name) , Age:About Years,Occupation: , PAN: , UID: . Residing at:

HEREINAFTER called the Licensor (which expression shall mean and include the Licensor above named as also his respective heirs, successors, assigns, executors and administrators) AND (Name) , Age: About Years, Occupation: ___ , PAN:_________, UID:________ . Residing at ___________________________________________________________________

HEREINAFTER called the Licensee (which expression shall mean and include only Licensee above named).

WHEREAS the Licensor is absolutely seized and possessed of and or otherwise well and sufficiently entitled to all that constructed portion being unit described in Schedule hereunder written and are hereafter for the sake of brevity called or referred to as Licensed Premises and is/are desirous of giving the said premises on Leave and License basis under Section 24 of the Maharashtra Rent Control Act, 1999.

AND WHEREAS the Licensee herein is in need of temporary premises for his use has/have approached the Licensor with a request to allow the Licensee herein to use and occupy the said premises on Leave and License basis for a period of Months commencing from and ending on , on terms and subject to conditions hereafter appearing. AND WHEREAS the Licensor have agreed to allow the Licensee herein to use and occupy the said Licensed premises for his aforesaid purposes only, on Leave and License basis for above mentioned period, on terms and subject to conditions hereafter appearing;

NOW THEREFORE IT IS HEREBY AGREED TO, DECLARED AND RECORDED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1) Period: That the Licensor hereby grants to the Licensee herein a revocable leave and license, to occupy the Licensed Premises, described in Schedule hereunder written without creating any tenancy rights or any other rights, title and interest in favour of the Licensee for a period of Months commencing from and ending on

2) Rent & Deposit: Note:The clause 2 will depend on your selection That the Licensee shall pay to the Licensor Rs. Per month towards the compensation and Rs. Interest free refundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR That the Licensees shall pay to the Licensor the following amount per month towards the compensation for the use of the said licensed premises . a) Rs ----------------per month for the first --------months, b) Rs-----------------per month for the next --------months, c) Rs-----------------per month for the next --------months The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR That the Licensees shall pay to the Licensor Rs--------------per month towards the compensation and Rs--------------interest free refundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR That the Licensees shall pay to the Licensor Rs--------------per month towards the compensation and Rs--------------interest free nonrefundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR That the Licensees shall pay to the Licensor the following amount per month towards the compensation for the use of the said licensed premises . a) Rs ----------------per month for the first --------months, b) Rs-----------------per month for the next --------months, c) Rs-----------------per month for the next --------months. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. Licensees shall also pay to the Licensor Rs--------------interest free refundable deposit, for the use of the said licensed premises. OR That the Licensees shall pay to the Licensor the following amount per month towards the compensation for the use of the said licensed premises . a) Rs ----------------per month for the first --------months, b) Rs-----------------per month for the next --------months, c) Rs-----------------per month for the next --------months. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. Licensees shall also pay to the Licensor Rs--------------interest free nonrefundable deposit, for the use of the said licensed premises.

3) Payment of Deposit: Note:The clause 3 will depend on your selection That the Licensee have paid / shall pay the above mentioned deposit/premium as mentioned above by Cash. Amount Rs.________ OR That the ---------------------- has/have paid / shall pay the above mentioned deposit/premium as mentioned above by Demand Draft No.----------, dated --------, drawn from ---------------- Bank, ------------- Branch. Amount Rs.------------- OR That the ---------------------- has/have paid / shall pay the above-mentioned deposit/premium as mentioned above by Cheque No. -----------, dated--------, drawn on the Banking Account of Licencee with ---------------- Bank, ------------- Branch. Amount Rs.------------- OR That the ---------------------- has/have paid / shall pay the above-mentioned deposit/premium as mentioned above by Transaction Reference No. -------------, dated----------, drawn on the Banking Account of the Licensee with --------------- Bank, ----------- Branch. Amount Rs.-----------

4) Maintenance Charges: Note:The clause 4 will depend on your selection That the all outgoings including all rates, taxes, levies, assessment, maintenance charges, non occupancy charges, etc. in respect of the said premises shall be paid by the Licensor. OR That the Licensee/s herein shall bear and pay all the maintenance charges in respect of the said Licensed Premises, and other outgoings including all rates, taxes, levies, assessment, non occupancy charges, etc. in respect of the said premises shall be paid by the Licensor/s

5) Use: That the Licensed premises shall only be used by the Licensee for purpose. The Licensee shall maintain the said premises in its existing condition and damage, if any, caused to the said premises, the same shall be repaired by the Licensee at its own cost subject to normal wear and tear. The Licensee shall not do anything in the said premises which is or is likely to cause a nuisance to the other occupants of the said building or to the prejudice in any manner to The rights of Licensor in respect of said premises or shall not do any unlawful activities prohibited By State or Central Government.

6) Alteration: That the Licensee shall not make or permit to do any alteration or addition to the construction or arrangements (internal or external) to the Licensed premises without previous consent in writing from the Licensor.

7) No Tenancy: That the Licensee shall not claim any tenancy right and shall not have any right to transfer, assign, and sublet or grant any license or sub-license in respect of the Licensed Premises or any part thereof and also shall not mortgage or raise any loan against the said premises.

8) Inspection: That, the Licensor shall on reasonable notice given by the Licensor to the Licensee shall have a right of access either by himself or through authorized representative to enter, view and inspect the Licensed premises at reasonable intervals.

9) Cancellation: That, if the Licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke and / or cancel the License hereby granted, by giving notice in writing of one month and the Licensee too will have the right to vacate the said premises by giving a notice in writing of one month to the Licensor as mentioned earlier.

10) Possession: That the immediately at on the expiration or termination or cancellation of this agreement the Licensee shall vacate the said premises without delay with all his goods and belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his articles from the said premises on expiry or sooner determination of this Agreement, the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his belongings from the Licensed premises, without recourse to the Court of Law. LEAVE AND LICENSE AGREEMENT

11) Registration: This Agreement is to be registered and the expenditure of Stamp duty and registration fees and incidental charges, if any, shall be borne by the Licensee.

Schedule:

(Being the correct description of Flat which is the subject matter of these presents)

All that constructed portion being residential unit bearing___( Apartment/Flat No.) ____, Built-up (Area): ___________, situated on the Floor of a Building known as ______________ standing on the plot of land bearing ___________________________________________________ , of Village: , situated within the revenue limits of Tehsil and Dist and situated within the limits of Municipal Corporation. IN WITNESS WHEREOF the parties hereto have set and subscribed their respective signatures by way of putting thumb impression electronic signature hereto in the presence of witness, who are identifying the executants, on the day, month and year first above written.

LEAVE AND LICENSE AGREEMENT Name & Address Photo Thumb Impression Digitally Signed Licensee Name :

UID:

Address: Licensor Name :

UID: Address:

Witness of execution -cum- identifier for Name :

UID :

Address:

Witness of execution -cum- identifier for Name :

UID :

Address:

Thumb

Photo

You can download Leave and Licence for the state of Maharashtra here.

Also Read:  How to Pay Property Tax in Pune 2024

It is important to note that when you register a leave and licence agreement for stamp duty, one has to pay a certain amount as Registration fees along with the stamp duty to the Registrar of Assurances which is a State Authority. When it comes to stamp duty on rental agreements, a fixed charge of 0.25% of the total rent applies to all leave and license agreements. It is important to note that this stamp duty rate remains consistent for both residential and commercial properties, spanning a lease period of up to 60 months.

As per the law, the following formula can be used to calculate the stamp duty payable on a Leave and License Agreement

Let us assume:

License Fee per month X Number of months = E

10% X Refundable deposit X Number of years of the agreement = F

Non-refundable deposit / Advance Licence Fee = G

Total economic value subject to Stamp Duty = H = E + F + G

The final stamp duty that needs to be paid = 0.25% x H

It is important to note that the higher the monthly licence fees and deposit, the higher the stamp duty.

However, In cases where the agreement extends beyond 60 months, the stamp duty calculation may differ based on prevailing laws and property valuation.

Also Read: Guide to Stamp Duty and Registration Charges in Bangalore 2024