MODEL FORM
[LEAVE & LICENCE AGREEMENT WITH LOCK-IN OPTION]
LEAVE & LICENCE AGREEMENT
THIS AGREEMENT OF LEAVE AND LICENCE is made & entered into at Mumbai this _____ day of February 20___ between ABC, aged ____ years, r/o _________________________________________, hereinafter referred to as “The Licensor of the First Part” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean & include his legal heirs, executors, successors &/or administrators) and DEF, aged about _________ years, currently residing at __________________________________________, hereinafter referred to as “The Licensee of the Other Part”
WHEREAS the LICENSOR is the absolute owner and otherwise fully possessed of a flat being __________________________________________________, Mumbai- , admeasuring. ________sq. ft. [carpet area], together with all fittings & fixtures installed therein, hereinafter collectively referred to as “the said flat”,
AND WHEREAS THE LICENSEE has approached the LICENSOR & requested him to give him the said flat on Leave & Licence basis for 33 months & the LICENSOR has agreed to the said request on the terms & conditions as appear hereinafter:
NOW THIS AGREEMENT FOR LEAVE & LICENCE WITNESSTH AS UNDER: –
1) The LICENSOR hereby grants Leave & License & the LICENSEE takes on leave & license basis the said flat, for residential purpose only, temporarily for a period of 33 (thirty-three) months, i.e., from __________to ________ , both days inclusive, subject to terms & conditions & covenants herein.
(a) The first six months of the license period shall be known as LOCK-IN period & if the Licensee vacates the said flat within the LOCK-IN period, he shall have to pay royalty/licence fee for 6 months plus Registration expenses, Stamp Duty and the appropriate legal fees incurred by the Licensor, from the date of vacating the said flat.
(b) No extension shall be allowed & any overstay by the Licensee shall be deemed to be an act of trespass on the said flat by the Licensee for which he shall be liable to face appropriate punitive action and/or penalty.
2) The Licensee shall pay monthly royalty/licence fee to the Licensor as per the following schedule of payment:-
(i) Rs. _____/- (Rs ______________ only) per month during the period between __________and ______ &
(ii) Rs. ________/- (Rs ________ only) during the period between _________and _____ &
(iii) Rs. _______/- (Rs _________only) during the period between _________ and _______
However, the Licensor shall be responsible to pay the maintenance charges of the housing society and no other liability shall be attached to the Licensee under any other account save & except as provided herein.
3) The Licensee shall pay the monthly royalty/licence fee to the Licensor on or before the 1st day of each English calendar month, in advance. It is agreed by and between the parties that the Licensee shall pay a penalty of Rs. 500/- per day, from the 6th day of the month, being penalty for delayed payment, in addition to the monthly royalty/licence fee as stated hereinabove.
4) The Licensee shall pay the Electricity bills for his domestic power consumption & handover to the Licensor all the duly paid bills on or before the 10th day of each calendar month.
5) The Licensee shall furnish a deposit of Rs. _______/- (Rupees _____________only) as & by way of Interest Free Security Deposit with the Licensor, for the due performance of the terms and conditions of this agreement by the Licensee. The Licensee has paid the said sum to the Licensor & the Licensor doth hereby acknowledge to have received the same on or before the execution of this agreement. The said Interest Free Security Deposit shall be refunded to the Licensee after deducting therefrom any costs, damages, charges and/or unpaid expenses which the Licensor may be required to incur by reason of occupation & use of the said premises by the Licensee & which costs, charges & expenses should have been met & borne by the Licensee in the normal course of such occupation & use, but not paid and upon the Licensee removing all his belongings and handing over peaceful and vacant possession / keys of the said flat to the Licensor, subject to adjustment of outstanding arrears of Electricity bills / cable / parking charges and/or any other dues, including the arrears of monthly royalty/licence fees.
6) The Licensee shall use the said flat for the residential purposes of his family members only shall not induct any other person / party in the said flat.
7) The Licensee shall not demolish / repair / renovate/ alter or cause to be done anything in the said flat without obtaining prior written permission of the Licensor. Moreover, he shall under no circumstances make any structural changes in the said flat, which might endanger the stability of the building. In the event of any default, he shall make good the loss at the end of the license period.
8) The Licensee shall not sub-let, re-let, sell, transfer, mortgage, dispose-off, assign and/or create any third party interest or induct any third party or create any encumbrances or claim any rights in respect of the said flat. It hereby agreed by and between the parties that this agreement shall in no way confer any right of tenancy or otherwise upon the Licensee and that the Licensee shall not claim any such right.
9) The Licensee shall not store any illegal, combustible, or inflammatory articles in the said flat nor shall he use the said flat for carrying on any illegal / immoral / anti-social activities.
10) The Licensee shall not cause any nuisance or annoyance to the neighbours & shall abide by all the laws, regulations or bye-laws for the time being in force.
11) The Licensee shall not obtain a Ration Card/Passport or any other document furnishing proof of residence either in his own name or that of his family members on the strength of the said Leave & Licence agreement.
12) That the Licensee, before executing this Agreement, has satisfied himself about the proper working of sanitary, electrical and water supply fittings and fixtures in the said flat. He shall be duty bound to maintain them in tenantable repairs during the subsistence of this agreement and shall restore them in the same condition at the time of handing over possession of the flat back to the Licensor on the expiration / termination / cancellation of this agreement. In the event of any loss or damage being caused to the said flat, articles, fittings or fixtures, the Licensee shall be liable to make good such losses either by paying commensurate monetary compensation to the Licensor or by rectifying/repairing the damage by appropriate material of standard quality.
13) The Licensor shall always have the option to terminate this agreement by giving one month’s prior notice in writing to the Licensee. On the other hand, the Licensee can terminate this agreement by giving one month’s written notice to the Licensor only after the expiration of the Lock-In period.
14) If the Licensee commits breach of any of the terms & conditions contained herein, leading to termination or cancellation of the said agreement, he shall reimburse proportionate expenses incurred by the Licensor for the documentation, Stamp Duty, Reg. fees & other ancillary expenses of this agreement in respect of the remaining period covered under this agreement plus one month’s royalty/licence fee to the Licensor.
15) In the event of failure on the part of the Licensee to pay monthly royalty/licence fee for two consecutive months with applicable penalty and /or if the Licensee is found to be carrying on any unlawful, illegal, immoral or prohibited activities in the said flat, then the Licensor shall be entitled to evict the Licensee from the said flat, with immediate effect and without prior notice.
16) On the expiration, cancellation and/or termination of this agreement, the Licensee shall handover vacant and peaceful possession of the said flat in a good & tenantable condition, without any delay or hindrance. In such event the Licensee shall be eligible for the refund of the Security Deposit to such extent as may be left after defraying the arrears of the electricity bill, Licence fees and/or any other sums on account of any damage caused to the said flat.
17) The Licensor shall be entitled, during the subsistence of this agreement, to enter the said flat at all reasonable hours after giving reasonable oral intimation to the Licensee, for the purpose of inspecting the said flat or otherwise.
18) Any notice required to be given under this agreement by the Licensor shall be deemed to be sufficiently served, if addressed and delivered to the Licensee at the licensed premises. Similarly, any notice on the part of the Licensee shall be deemed to be sufficiently served, if addressed and delivered to the Licensor at the above mentioned address.
19) No extension of this agreement shall be allowed & any clauses in this agreement contrary to or inconsistent with the said stipulation shall be deemed to be null & void.
20) Notwithstanding anything contained hereinabove, the Licensor shall be entitled to recover possession of the said flat on the expiration, cancellation or termination of the said agreement as also to recover damages alongwith costs, penalty & compensatory amounts for any overstay in the said flat in accordance with the relevant laws, regulations or bye-laws for the time being in force.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HERE UNTO SET & SUBSCRIBED THEIR RESPECTIVE HANDS TO THIS AGREEMENT, IN MUMBAI, ON THE DAY & YEAR FIRST HEREINABOVE MENTIONED.
SIGNED, SEALED & DELIVERED ]
By “THE LICENSOR” ABC ]
IN THE PRESENCE OF ]
WITNESS:- ] ……………………
…………………………………………….. ABC
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……………………………………………….
SIGNED, SEALED & DELIVERED ]
BY “THE LICENSEE” DEF ]
IN THE PRESENCE OF ]
WITNESS:- ] ……………………
……………………………………………… DEF
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SCHEDULE OF THE FLAT
Flat No._________, admeasuring ______sq. ft. carpet area, situate at _____________________________________, Mumbai – ________.
RECEIPT FOR DEPOSIT
Received from the Withinnamed Licensee, DEF, a sum of Rs. ______/- [Rs. _________________only], in Cash, by way of INTEREST FREE SECURITY DEPOSIT.
I say received.
ABC
The Licensor.