Why is it called a leave and license?

Why is it called a leave and license?

A Leave and Licence agreement is a document that bestows the Licensee with the permission to occupy the Licensor’s property. Hence the occupancy is granted on Leave and Licence basis and not on tenancy basis. Such an agreement makes eviction easier and is general provides the landlord with greater power.

What does leave and license mean?

A leave and licence agreement is a legal document that enables one party to allow another party to use their immovable assets, i.e., property, for a specific period without any change in the ownership of the asset.

Is leave and license same as lease?

The most important point of distinction between a lease and a leave and license is the transfer of interest in the property. The parties to a lease are the lessor and lessee. Lessor is the person who grants the lease and lessee is the person who accepts the lease. The parties to a license are licensor and licensee.

Can leave and license agreement be for more than 11 months?

Can leave and license agreement be for more than 11 months? Most of the rent agreements which are signed for 11 months so that the stamp duty and other charges can be avoided. According to the Registration Act, 1908, lease agreement registration is compulsory if the leasing period is 12 months or more than that.

Why are rental agreements for 11 months?

Most rent agreements are signed for 11 months so that they can avoid stamp duty and other charges. According to the Registration Act, 1908, the registration of a lease agreement is mandatory if the leasing period is more than 12 months. The stamp paper can be in the name of the tenant or the landlord.

Is notarised rent agreement is valid?

However, it to be noted that in case of any legal proceedings, the notarized agreement cannot be admissible in the Court, as it does not validate the rental transaction. It just verifies the documents furnished along with the agreement. Nevertheless, there is no legal requirement to notarize a rent agreement in India.

Who should keep the original rent agreement?


What happens if lease Not registered?

It is the tenant’s responsibility to complete the registration. Failure to register the lease within the relevant time period means it is not a valid legal lease and only takes effect as an equitable lease, or possibly a legal periodic tenancy. This can leave tenants in a vulnerable position…

What if lease agreement is not registered?

An unregistered and/or deficient stamped lease deed / rent agreement is not admissible as evidence in the court of law. Section 35 of the India Stamp Act,1899, imposes a bar as to the admission of an un-stamped in evidence. This means that lessee cannot enforce the agreed lease period on the lessor.

Is it necessary to register the rental agreement?

As per Section 17 in the Registration Act 1908, it is quintessential to register for leases and rent of immovable property from year-to-year or for any term beyond one year. For rental agreements of less than one year, only the stamp duty charge is applicable as no registration is mandatory.

Is it mandatory to register lease agreement?

According to the Registration Act, 1908, clause (d) of sub-section (1), registration is mandatory for a property that is on lease for one year or more. More often than not, 11-months Tenancy Agreements are not registered as they are over all too quickly and can be renewed by the end of a year with less or no hassles.

Do we need to register lease agreement?

In Karnataka, it is a mandate to register the leave and license agreement for the rental period of more than 11 months. Registering a rent agreement is optional in case the rental period is less than or equal to 11 months. * Consideration Value refers to the average annual rent payable, as mentioned in the document.

Who pays the stamp duty on a lease?


What should be the value of stamp paper for lease?


How lease can be executed?

Execution of a lease deed implies that the lessor has only transferred to the lessee the rights of usage of the property in accordance with the terms agreed by the parties. The partial or absolute ownership rights of the property are not transferred during the lease execution process.

What are the essential of lease?

The essential elements of a lease are as follows: Parties- The parties to a lease are the lessor and the lessee. The lessor is also called the landlord and the lessee the tenant. Duration of lease- The right to enjoy the property must be transferred for a certain time, express or implied or in perpetuity.

When should a lease be registered?

Leases for more than seven years must be registered with the Land Registry, and it’s usually the tenant’s responsibility to complete that registration. If they fail to do so within two months of completion, it is not a valid legal lease and only takes effect as an agreement for a lease (a contract).

Does a 5 year lease need to be registered?

If your landlord’s title is registered, then you must register the lease, no matter what the term. If your landlord’s title is unregistered, the lease will only need to be registered if it is granted for a term more than 7 years. If it is more than 364 complete weeks, you must apply to register the lease.

Do you pay stamp duty on a lease?

Stamp Duty Land Tax (SDLT) is sometimes payable by tenants on leases. The SDLT payable is determined by the value of the lease, which is calculated based on any premium paid, the rent payable and the length of the lease. SDLT is more likely to be payable with medium to longer term leases or when the rents are higher.

How long does it take to register a lease with Land Registry?

Simple updates to the register More than half are processed in just over a week but in some instances it can take up to a month. However around a fifth of all applications require us to make requests for information (requisitions) – which then take considerably longer, with most only being completed after 6 weeks.

How much is the Land Registry fee?

Don’t forget the Land Registry fee This fee’s dependent on how much your property is worth. Houses sold for between £100,001 and £200,000 will face a fee of up to circa £200, and those sold between £200,001 and £500,000 will need to pay up to circa £300.

Does Land Registry prove ownership?

Title deeds are documents which prove ownership of land or property. During the last 90 years, Land Registry has been compiling a central register of property and land in England and Wales. This means a record of your ownership is not held centrally at Land Registry.

What happens if a property is unregistered?

If your property isn’t registered, it doesn’t mean there is a problem with your ownership – it simply means there hasn’t been a transaction to trigger the requirement to register since it became compulsory for your area. To sell an unregistered property you need to produce the physical title deeds.

How do I prove that I own my house?

The easiest way to prove your ownership of a house is with a title deed or grant deed that has your name on it. Deeds typically are filed in the recorder’s office of the county where the property is located.

How do I sell unregistered property?

Without registration, a buyer has no legal right over the property so, one cannot sell it to anyone under the Transfer of Property Rights Act. Section 17 of the Registration Act, 1908, mandates that documents of immovable property need to be compulsorily registered.

Is it safe to buy unregistered land?

Despite the great benefits, buying unregistered land has inherent risks which should be considered before signing the contract, such as: Some unscrupulous property developers may cancel the contract (sunset clause) if they find that they can resell the land at a much higher price.

Can I purchase unregistered land?

Can I buy unregistered land? Unregistered land is available for purchase, but it can take significantly longer to purchase than registered land. First, the seller of the land must find the title deeds, which prove original ownership.

Can you get a mortgage on unregistered land?

In the case of both registered and unregistered land, it is possible to create a legal mortgage by a charge by deed expressed to be by way of legal mortgage (and for registered land this is the only method of creating a legal mortgage).

What happens if a property is not registered with Land Registry?

If a property is not registered at the Land Registry when a sale is completed, the law requires that it must be registered on completion of the sale of the property by the purchaser. This will be done by the purchaser’s solicitors as part of the conveyancing process.

Can I register land without a solicitor?

The short answer is yes you can, and we do provide some procedural guidance on what’s involved, such as how to complete a transfer form and what to do when a property owner dies.