Hi, Please provide me with a format of Rent Agreement of Office Space Lease as soon as possible. Regards AD
From India, Pune
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From India, Pune
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Differences Between Lease-Rent and Leave & License Agreements
Please find enclosed herewith the required format. It is advisable not to opt for a Rental or Lease agreement. The difference between a Lease-Rent and a Leave & License Agreement is as follows:
- A lease grants the tenant the right to exclusive possession, while a license does not confer such a right on the licensee.
- A lease can be assigned, but a license is generally non-transferable.
- A license is revocable by the licensor under section 60 of the Easement Act unless it falls within the two exceptions mentioned in that section. This implies that a Leave and License agreement cannot be revoked by the licensor if it is coupled with a transfer of property and such transfer is in effect. The agreement also cannot be revoked by the licensor if the licensee, acting upon the license, has undertaken a work of a permanent nature and has incurred expenses in the process. The lease is irrevocable by the lessor.
- A lease is not terminated by the grantor making an assignment or its subject matter, but a license is terminated in such a scenario.
- A lessee can pursue legal action for trespass, but a licensee cannot sue in their own name.
- A lease establishes a heritable right under the Transfer of Property Act and also under the Bombay Rent Act. A license ceases upon the death of a licensee. Upon the death of a licensee, their heirs will not inherit the right as a licensee to utilize the premises.
- A lessee can bear the responsibility of contributing to structural alterations, repairs, and improvements, insurance, and paying taxes and assessments, whereas a licensee cannot bear such responsibilities.
Thank you.
Regards
From India, Halol
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36Please find enclosed herewith the required format. It is advisable not to opt for a Rental or Lease agreement. The difference between a Lease-Rent and a Leave & License Agreement is as follows:
- A lease grants the tenant the right to exclusive possession, while a license does not confer such a right on the licensee.
- A lease can be assigned, but a license is generally non-transferable.
- A license is revocable by the licensor under section 60 of the Easement Act unless it falls within the two exceptions mentioned in that section. This implies that a Leave and License agreement cannot be revoked by the licensor if it is coupled with a transfer of property and such transfer is in effect. The agreement also cannot be revoked by the licensor if the licensee, acting upon the license, has undertaken a work of a permanent nature and has incurred expenses in the process. The lease is irrevocable by the lessor.
- A lease is not terminated by the grantor making an assignment or its subject matter, but a license is terminated in such a scenario.
- A lessee can pursue legal action for trespass, but a licensee cannot sue in their own name.
- A lease establishes a heritable right under the Transfer of Property Act and also under the Bombay Rent Act. A license ceases upon the death of a licensee. Upon the death of a licensee, their heirs will not inherit the right as a licensee to utilize the premises.
- A lessee can bear the responsibility of contributing to structural alterations, repairs, and improvements, insurance, and paying taxes and assessments, whereas a licensee cannot bear such responsibilities.
Thank you.
Regards
From India, Halol
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In a rental agreement entered, the owner of the building had passed away during the enforcement of the agreement. The monthly rent for the building is being credited to his bank account. Since the owner, who was a party to the agreement, is no longer with us, please advise on the legal formalities required for disbursing the monthly rent and ensuring the enforcement of the agreement for the future period. The owner has left behind his wife, a son, and a daughter.
Thanks & regards,
From India, Mumbai
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Thanks & regards,
From India, Mumbai
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You shall have to confirm as to in whose name the rented property has been transferred. Till then, you can credit/deposit the monthly rent to the deceased's account through cheque only. It is better for you to execute a fresh agreement with the new owner.
A. Prakash
From India, Halol
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A. Prakash
From India, Halol
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VEHICLE LEASE AGREEMENT.doc
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