Residential Leave and Licence Agreement free essay sample

RESIDENTIAL LEAVE AND LICENCE AGREEMENT This leave and licence agreement is made at on 30jan 2011 by and between hereinafter referred to as â€Å"LICENSOR†) which expression shall unless it is repugnant to the context be deemed to include its successors and assigns of THE ONE PART. AND Mr. aged ,having permanent address WHEREAS THE LICENSOR is the sole and absolute owner of the residential premises at flat. and after mutual negotiations the licensor’s has agreed for the use of said premises on leavea and licensee basis on following terms conditions. NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOW: 1. After the mutual consent, both the licensor licensee hereby renew this leave license agreement for further 11months 10% increase in rent. 2. The Licensor’s do hereby confirm will give to the Licensee and the licensee do hereby conform will take over the said premises from 1st day of April 2011 completely with rent payable with effect from the same day. 3. The said leave and license agreement will come into force from 01. 04. 011 And shall be in force for a period of 11 months from the date of commencement. The said premises shall be used only for residential purpose, for the licensee. 4. The licensee agree to pay the licensor a sum of Rs. 4500/-(four thousand five hundred) in advance as monthly compensation for the said premises which will be inclusive of maintenance charges and property Tax if any, on or before 5th day of every month. 5. The LICENSEE shall deposit with the LICENSOR an amount of Rs. 45,000/- (Rupees Fourty five thousand only) as security deposit. The security deposit may kindly paid to The same shall not carry any interest and shall be refunded to the LICENSEE at the time of Termination of the lease, whether by afflux of time or otherwise after deducting all amounts due from the LICENSEE to the LICENSOR at that time. In the EVENT of non-refund of the security Deposit the LICENSEE shall continue to occupy the premises on a non-rental basis until the outstanding amount due to the LICENSEE is fully paid up. Any delay in refunding the security deposit will carry as interest @18% per annum, commencing from the date of termination of the said premises. 6. The stamp duty registration charges at actual for the said Leave and Licence agreement shall be borne and payable by both parties in equal proportion. 7. The Licensee agree to upkeep and maintain the interior of the said premises in reasonably good repair order and condition (Wear and tear and loss of damage by fire, flood, earthquake, tempest, violence of any army or mob, act of god or any other irresistible force or accident except) 8. That, the Licensee shall be withholding income tax at the applicable rate and depositing the same with the relevant treasury and issue the TDS certificate in the name of the owner in case if applicable. . It is agreed by the parties between the parties the Licensee shall give have no right of tenancy, sub-tenancy / or any right title and interest in the said premises or shall not sublet, re-let or underlet the said flat or any portion thereof. 10. The licensee agrees not to make any structural or other changes to the said premises, fixture and fitt ing without the prior written approval of the Licensor’s/ society. Also licensee cannot approach society directly for any major/ minor work to be carried out in flat as per rules regulations of the society. 11. That the day-to-day and minor repairs such as fuses, leakage of water taps etc. to be done by the licensee at his own cost. The Licensee further hereby agrees and confirms that in case of any breakage damage loss to existing fitting/fixture in the said flat, he shall make good these articles as may be mutually decided by parties hereto. 12. The Licensee aggress to permit the Licensor’s or their agent to enter in the said premises at all reasonable times on receipt of prior intimation (except in an emergency ) from the Licensor for the purpose of viewing the condition of the said premises. 13. The Licensee hereby undertake and agrees that without the prior written consent of the Licensor’s will not obtain / get transferred any telephone connection at the said flat and / or will not obtain at the address of the above said flat. 14. The Licensee further agrees to deliver the said premises at the end of the term of the agreement or sooner on determination of the said terms together will all the Licensor’s fitting and fixtures (save only much as the Licensee is entitled to remove as hereinafter provided) in such repairs order and condition as consisting with the covenants and condition on the part of Licensee contained herein. 5. The Licensee shall also reimburse to the Licensor the charges recovered from him by the said society. 16. The Licensee shall be responsible for all damage or breakage of the said fixture and fitting, subject to however to reasonable wear and tear damage by fire earthquake and act of god. 17. The Licensee hereby admits and knowledge that it is the express intention of the parties to this agreement that the relationship of the â€Å"LANDLORD and TENANT’’ shall not be deemed to be created hereby or otherwise between them under and circumstance whatsoever. This agreement hereby confirm bare permission of Leave and License and does not create any lease or sub-lease or any other right, title and interest into or upon the said flat in favour of the License and the Licensee hereby right to tenancy, sub-tenancy or any other nature into upon the said flat. 18. The Licensor shall be the owner and possessor of the fixture and fitting in the premises in question and the hereby confirms that the ownership and possession of the fixture and fitting for all the purpose and shall all the material items is that of the Licensor. 19. The Licensee shall observe the rules, regulation and byelaws of the society so far and to the extent he is required to be observed by License as the occupant of the said flat or any part thereof. The Licensee shall not to do omit or suffer to be done anything whereby the Licensor’s right to hold said flat is prejudiced, avoided forfeited or extinguished or jeopardized in any manner. 20. That the Licensee shall not do anything which is not permissible or is prohibited under law or is in contravention of bye-Laws, rules and regulation of the Housing Society Ltd. , or any order of central / state or local Authorities. Also the Licensee shall not store any narcotics and explosive such as RDX crackers or any type of firearms, etc. which is prohibited by law. 21. The Licensor shall not in event be held responsible or liable for any loss or damage to any goods or property of the Licensee whatsoever to be the cause of such loss or damage. 22. THE LICENSOR HEREBY CONVENATS WITH THE LICENSEE AS FOLLOW : A. To pay and discharge all existing and future rates, taxes, cess charges, assessments and outgoing assessed, charged imposed or payable in respect of the said premises including land revenue tax and/ or ground rent or service taxes if applicable. B. The Licensor shall observe and perform all the terms and necessary conditions agreement, covenants and provisions on which the Licensee occupies the said premises and not to do, omit or suffer to be done anything whereby the Licensee’s right to occupy the said premises is hindered, forfeited or affected in any prejudicial manner. The Licensor agrees to keep the Licensee indemnified against all suits ad proceedings filed against and all cost, charges, expenses loss or damage incurred, suffered, caused or sustained by the Licensee by reason of any breach, non performance or non payment by the Licensor as aforesaid. Licensee will strictly obey a society rule which is mentioned in by laws. 23. PROVIED IT IS HEREBY MUTUALLY AGREES AS FOLLOWS: A. In the event of the Licensor not having paid the stipulated, arrears of electricity charges before taking over by the Licensee the same shall be deducted from the compensation payable to the Licensor. In the event of the Licensee failing to pay the compensation within the time stipulated /or electricity charges, or commits breach of any of the terms covenants and conditions contained herein the Licensor shall be entitled to give notice revocation to the Licensee in writing. B. In case the Licensee does not comply with and/ or rectify the default within fifteen days or such extended time as the Licensor would have granted, the Licensor reserves the right to revoke this deed and on such revocation being made the Licensee shall within one month from the date of revocation remove all articles and other belonging and hand over the premises to the Licensor without prejudice to the clams as may be subsisting between the parties to this deed. 24. Both the Licensee as well as the Licensor’s hereby agrees that if any one of them wants to terminate this agreement before expiry period of 11months, shall give one month advance notice in writing to other party after completion of six month’s stay in the said flat. 25. This agreement can be renewed for further 11 months with 10% increase in the rent. 26. The Licensee agrees to pay on actual the electricity/cable/telephone charge pertaining to the said premises as demanded by the authorities/association on due dates. 27. This agreement shall be within the provision of section 24 of the Maharashatra rent control act, 1999 and the Licensee undertakes honor the provisions of section 24 of the said Maharashtra Rent Control Act 1999. The licensor shall be entitled to approach the Competent authority for getting possession of the said flat, after the Expiry of this Agreement as per the provision contained her in , in case The Licensee failing or refusing to hand over the charge of the said flat And the Agreement shall be subject to exclusive jurisdiction of court at . 8. This agreement is made at , the flat is situated at (w),and hence it subject to (w) jurisdiction. SCHEDULE OF THE PROPERTY MENTIONED ABOVE IN WITNESS WHERE OF the parties here to have here unto set and subscribed their hands on the day and the year find herein above mentioned. SINGNED, SEALED AND DELIVERED By within named Licensors. 1} In the presence of, 1} 2} SIGNED, SEALED AND DELIVERED By within named Licensee. 1} In the presence of 1} 2} OATH I, the undersigned licensee promise give and undertaking to vacate _________________________ (LICENSEE) ANNEXTURE The built in fixtures and fittnings existing at the time of commencement of this agreement in 2 Nos. Fan 1. 3 Nos. Tube lights 2. 4 Nos. Curtain Rods 3. 2 Nos. Bulbs Power Saver 4. 1 Nos. Small Mirror Cabinet above wash basin in bathroom 5. 1 Nos. Bath mirror 6. 1 Nos. Blue Guard Water purifier 7. 10 Nos. Kitchen wooden cabinet with trolleys (LICENCEE)(LICENSOR) RECEIPT - Received a sum of Rs. 45,000/- (Rupees Forty Five Thousand only) wide Cash Cheque No†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Dated:_________________ drawn on ____________________________________________________________ from Mr. _____________________________ towards INTEREST FREE REFUNDABLE SECURITY DEPOSIT FOR LEAVE AND LICENCE and also received compensation for period - - - I Say Received - - Witness 1. - - 2. - - Date: - Place : - Electric Meter Reading on 28 Feb’2011:-