Kaagazaat

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Lock-In Breach Compensation Notice

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  1. Landlord and tenant
  2. The lease and its lock-in clause
  3. The breach and the compensation claimed
  4. Demand and serving this notice

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Landlord and tenant

For example: Sethi Estates Private Limited

Landlord isNeeded
Landlord's address for correspondenceNeeded

For example: Northline Analytics Private Limited

Tenant isNeeded
Tenant's address for serviceNeeded
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NOTICE OF BREACH OF LOCK-IN PERIOD AND DEMAND FOR COMPENSATION

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Breach of the lock-in period under the Lease of the Premises described below, and demand for the compensation the Lease provides for it.

Dear Sir / Madam,

1. THE LEASE AND THE PREMISES

1.1 __________ ("the Landlord") is the lessor, and __________ ("the Tenant") is the lessee, under __________ dated __________ ("the Lease"), of the premises described as: __________, situated in __________ ("the Premises").

1.2 In this notice, "the Lease" means that instrument together with every variation, renewal or supplement to it.

2. THE LOCK-IN PERIOD

2.1 Clause __________ of the Lease binds the Tenant to a lock-in period of __________ months and expiring on __________ ("the Lock-in Period"), during which the Tenant may not terminate the Lease or vacate the Premises for convenience.

2.2 The Landlord confirms that it has not defaulted under the Lease in any manner that would excuse the Tenant from the obligations of the Lock-in Period.

3. THE BREACH

3.1 The Tenant has __________ on __________. That date falls before __________, the date on which the Lock-in Period expires.

3.2 The Tenant has accordingly breached Clause __________ of the Lease by vacating, or by giving notice of intention to vacate, the Premises before the expiry of the Lock-in Period.

4. COMPENSATION CLAIMED

4.1 Clause __________ of the Lease provides that where a Tenant vacates or terminates during the Lock-in Period otherwise than because of the Landlord's default, __________. The rent payable under the Lease at the date of the breach is __________ per month.

4.3 On that basis, the Landlord claims from the Tenant, as compensation for the breach of the Lock-in Period, a sum of __________.

4.4 The Parties agreed this amount, or the basis on which it is computed, as a genuine pre-estimate of the Landlord's loss on an early exit within the Lock-in Period. It is claimed as such, and remains subject to Section 74 of the Indian Contract Act, 1872, under which a sum named in a contract for breach operates as the outer limit of reasonable compensation and not as a penalty the Landlord may recover merely by proving the breach.

4.5 The Landlord will give credit against the amount claimed for any sum actually recovered by re-letting the Premises for the balance of the Lock-in Period, to the extent the Lease so provides or the law otherwise requires.

5. DEMAND

5.1 The Landlord calls upon the Tenant to pay the sum of __________ to the Landlord on or before __________.

5.2 Payment may also be tendered or delivered to the Landlord at the address stated above.

6. RESERVATION OF RIGHTS

6.1 This notice is given without prejudice to, and does not waive, any other right or remedy available to the Landlord under the Lease or at law — including the right to re-let the Premises to a third party, to recover any shortfall in rent for the balance of the Lock-in Period after giving credit under Clause 4.5, to recover the amount claimed in this notice as a debt by suit or other lawful proceeding, and to claim interest and costs.

6.2 Nothing in this notice is, or is to be read as, an admission by the Tenant of the matters stated in it, or as a representation by the Landlord that the amount claimed, or any part of it, is or will be held enforceable in the form claimed. That is a matter for the Tenant to accept, negotiate or contest, and for a court to decide if it is not resolved between the Parties.

7. NO WAIVER

7.1 Acceptance by the Landlord of vacant possession, or of any sum paid or payable under the Lease up to the date of this notice, is not a waiver of the claim made in this notice, and does not release the Tenant from liability for the compensation claimed.

8. GOVERNING LAW AND JURISDICTION

8.1 This notice and the Lease are governed by the laws of India. Courts at __________ will have jurisdiction, subject to the terms of the Lease and to any exclusive jurisdiction conferred by law on another forum.

9. SERVICE AND REPLY

9.1 This notice is served __________.

9.2 Please acknowledge receipt of this notice and confirm, in writing, whether the amount claimed will be paid within the time stated.

Yours faithfully,

_____________________________
__________
Landlord
__________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT

Received a copy of the above notice dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

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NOTICE OF BREACH OF LOCK-IN PERIOD AND DEMAND FOR COMPENSATION

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Breach of the lock-in period under the Lease of the Premises described below, and demand for the compensation the Lease provides for it.

Dear Sir / Madam,

1. THE LEASE AND THE PREMISES

1.1 __________ ("the Landlord") is the lessor, and __________ ("the Tenant") is the lessee, under __________ dated __________ ("the Lease"), of the premises described as: __________, situated in __________ ("the Premises").

1.2 In this notice, "the Lease" means that instrument together with every variation, renewal or supplement to it.

2. THE LOCK-IN PERIOD

2.1 Clause __________ of the Lease binds the Tenant to a lock-in period of __________ months and expiring on __________ ("the Lock-in Period"), during which the Tenant may not terminate the Lease or vacate the Premises for convenience.

2.2 The Landlord confirms that it has not defaulted under the Lease in any manner that would excuse the Tenant from the obligations of the Lock-in Period.

3. THE BREACH

3.1 The Tenant has __________ on __________. That date falls before __________, the date on which the Lock-in Period expires.

3.2 The Tenant has accordingly breached Clause __________ of the Lease by vacating, or by giving notice of intention to vacate, the Premises before the expiry of the Lock-in Period.

4. COMPENSATION CLAIMED

4.1 Clause __________ of the Lease provides that where a Tenant vacates or terminates during the Lock-in Period otherwise than because of the Landlord's default, __________. The rent payable under the Lease at the date of the breach is __________ per month.

4.3 On that basis, the Landlord claims from the Tenant, as compensation for the breach of the Lock-in Period, a sum of __________.

4.4 The Parties agreed this amount, or the basis on which it is computed, as a genuine pre-estimate of the Landlord's loss on an early exit within the Lock-in Period. It is claimed as such, and remains subject to Section 74 of the Indian Contract Act, 1872, under which a sum named in a contract for breach operates as the outer limit of reasonable compensation and not as a penalty the Landlord may recover merely by proving the breach.

4.5 The Landlord will give credit against the amount claimed for any sum actually recovered by re-letting the Premises for the balance of the Lock-in Period, to the extent the Lease so provides or the law otherwise requires.

5. DEMAND

5.1 The Landlord calls upon the Tenant to pay the sum of __________ to the Landlord on or before __________.

5.2 Payment may also be tendered or delivered to the Landlord at the address stated above.

6. RESERVATION OF RIGHTS

6.1 This notice is given without prejudice to, and does not waive, any other right or remedy available to the Landlord under the Lease or at law — including the right to re-let the Premises to a third party, to recover any shortfall in rent for the balance of the Lock-in Period after giving credit under Clause 4.5, to recover the amount claimed in this notice as a debt by suit or other lawful proceeding, and to claim interest and costs.

6.2 Nothing in this notice is, or is to be read as, an admission by the Tenant of the matters stated in it, or as a representation by the Landlord that the amount claimed, or any part of it, is or will be held enforceable in the form claimed. That is a matter for the Tenant to accept, negotiate or contest, and for a court to decide if it is not resolved between the Parties.

7. NO WAIVER

7.1 Acceptance by the Landlord of vacant possession, or of any sum paid or payable under the Lease up to the date of this notice, is not a waiver of the claim made in this notice, and does not release the Tenant from liability for the compensation claimed.

8. GOVERNING LAW AND JURISDICTION

8.1 This notice and the Lease are governed by the laws of India. Courts at __________ will have jurisdiction, subject to the terms of the Lease and to any exclusive jurisdiction conferred by law on another forum.

9. SERVICE AND REPLY

9.1 This notice is served __________.

9.2 Please acknowledge receipt of this notice and confirm, in writing, whether the amount claimed will be paid within the time stated.

Yours faithfully,

_____________________________
__________
Landlord
__________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT

Received a copy of the above notice dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________

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