LEAVE AND LICENCE AGREEMENT

This Leave and Licence Agreement is made at __________ on __________.

BETWEEN

__________, of __________, PAN * — called the "Licensor"*, which includes the Licensor's heirs, executors, administrators and permitted assigns;

AND

__________, of __________, PAN * — called the "Licensee", which includes the Licensee's heirs and legal representatives, but does not* include any assignee, sub-licensee or transferee.

The Licensor and the Licensee are together called the "Parties".

Background

A. The Licensor is the owner of, and is in lawful possession and control of, the premises described in Clause 1 (the "Licensed Premises").

B. The Licensee has asked the Licensor for permission to use and occupy the Licensed Premises for a fixed period. The Licensee has inspected the Licensed Premises and is satisfied with their condition, area, title and suitability.

C. The Licensor is willing to give that permission on the terms below. The Parties intend to create only a licence within the meaning of section 52 of the Indian Easements Act, 1882 — and not a lease, tenancy, sub-tenancy or any other interest in the Licensed Premises.

1. The Licensed Premises

1.1 The Licensed Premises are: __________.

1.2 Approximate carpet area: .

1.3 Parking: .

1.4 The Licensed Premises are given along with the fixtures, fittings and articles listed in Annexure A. The Licensee has checked that list and accepts those articles in their present working condition.

2. What this agreement is — and what it is not

2.1 The Licensor grants the Licensee a bare, personal and revocable licence to enter upon, use and occupy the Licensed Premises during the Licence Period, on the terms of this Agreement.

2.2 This Agreement creates only a licence. It does not create, and is not intended to create, any lease, tenancy, sub-tenancy, right of tenancy, or any estate, interest, easement or right of any kind in or over the Licensed Premises in favour of the Licensee.

2.3 Legal possession of the Licensed Premises stays with the Licensor throughout. The Licensee has permission to use and occupy; the Licensee does not have, and shall not claim, exclusive possession as against the Licensor.

2.4 The licence is personal to the Licensee. It is not transferable, assignable or heritable, and it does not pass on the death or dissolution of the Licensee — in which case it ends and Clause 14 (handover) applies.

2.5 The Licensee shall not at any time claim to be a tenant, sub-tenant, deemed tenant or protected occupant, and shall not claim any protection under the Maharashtra Rent Control Act, 1999 or under any other rent control or tenancy law.

2.6 If any part of this Agreement can be read in two ways, the reading consistent with a licence — and not with a lease — shall prevail.

3. Control the Licensor keeps

3.1 The Licensor, or anyone the Licensor authorises, may enter the Licensed Premises at reasonable hours after giving the Licensee at least 24 hours' notice, to inspect their condition, carry out repairs, read meters, or show them to a prospective licensee or purchaser during the last two months of the Licence Period.

3.2 In an emergency — fire, flood, gas or water leakage, structural danger, or a direction from a public authority — the Licensor may enter without notice.

3.3 The Licensor is entitled to keep a set of keys to the Licensed Premises. The Licensor shall not use those keys to enter except as Clauses 3.1 and 3.2 allow.

3.4 The Licensee shall not change any lock, or fit any additional lock, without the Licensor's written consent. If consent is given, the Licensee shall hand a duplicate key to the Licensor at once.

3.5 The Licensee shall not obstruct the Licensor's rights under this Clause. These rights are an essential part of the arrangement and reflect that possession and control of the Licensed Premises remain with the Licensor.

4. What the premises may be used for

4.1 The Licensee shall use the Licensed Premises solely for residence of the Licensee and the Licensee's immediate family and for no other purpose.

4.2 The following persons may occupy the Licensed Premises: . No one else may reside in or occupy them without the Licensor's written consent.

4.3 The Licensee shall not use the Licensed Premises for anything unlawful, immoral or dangerous, shall not cause nuisance or annoyance to neighbours, and shall not store any hazardous, inflammable or explosive goods or anything that would make the building's insurance void.

4.4 The Licensee shall not run a paying-guest, hostel, guest-house, dormitory, home-stay or short-stay operation from the Licensed Premises, and shall not list them on any short-stay or holiday-rental platform.

4.5 The Licensee shall not use the address of the Licensed Premises as the registered office of a company or LLP, or for any GST, shop-and-establishment, trade licence or other statutory registration, without the Licensor's prior written consent. Where the permitted use in Clause 4.1 genuinely needs such a registration, consent shall not be unreasonably withheld — and the Licensee shall get the address changed or the registration surrendered on or before the end of the Licence Period.

5. Licence period

5.1 The Licence Period runs from __________ to __________, both days included.

5.2 The Licence Period ends automatically on __________. No notice is needed to bring it to an end. Staying on after that date does not extend the licence and does not create a tenancy.

5.3 There is no automatic renewal. The Parties may renew only by a fresh written agreement, properly stamped and registered. Either Party may propose renewal by writing to the other at least 2 months before the Licence Period ends.

5.4 If the Parties do renew, the licence fee for the renewed term shall be 5% higher than the fee last payable, unless they agree otherwise in writing.

6. Licence fee

6.1 The Licensee shall pay the Licensor a licence fee of __________ per month (the "Licence Fee"), in advance, on or before the 5th of each calendar month.

6.2 The first month's Licence Fee is payable on or before __________. Where the licence starts or ends part-way through a month, the Licence Fee for that month is payable on a pro-rata daily basis.

6.3 The Licence Fee shall be paid through banking channels only — NEFT, RTGS, IMPS, UPI or cheque — to:

__________

Payment counts as made only when the money is credited to that account, or when a cheque is cleared.

6.4 If the Licence Fee, or any other amount due under this Agreement, is not paid on time, the Licensee shall pay simple interest on it at 12% per annum from the due date until payment. This is in addition to the Licensor's right to terminate under Clause 13.

6.5 TDS. If the Licensee is required by law to deduct tax at source on the Licence Fee, the Licensee may deduct it, shall deposit it with the Government within the time allowed, and shall give the Licensor the TDS certificate within the prescribed time. Tax so deducted and deposited counts as payment of that part of the Licence Fee. If the Licensee deducts but does not deposit, the Licensee shall make good the Licensor's loss.

6.6 GST. If GST is payable on the Licence Fee, the Licensee shall pay it in addition to the Licence Fee, against a proper tax invoice from the Licensor. Where the law requires the Licensee to pay the GST directly under reverse charge, the Licensee shall do so and shall give the Licensor proof.

7. Security deposit

7.1 The Licensee shall pay the Licensor an interest-free refundable security deposit of __________ on or before __________ (the "Deposit").

7.2 The Deposit is not advance licence fee. The Licensee shall not adjust any month's Licence Fee against it — including the last month's.

7.3 When the Licensee hands over vacant and peaceful possession of the Licensed Premises with all keys and access devices, the Licensor shall refund the Deposit at the same time, after deducting only:
  (a) any unpaid Licence Fee or interest;
  (b) any unpaid electricity, utility or other charge that Clause 8 makes the Licensee's responsibility — the Licensor may hold back a reasonable amount for bills not yet issued, and shall settle that holdback within 30 days of the bills arriving;
  (c) the actual cost of making good damage beyond fair wear and tear, and of replacing any missing Annexure A article.

7.4 The Licensor shall give the Licensee a written, itemised statement of every deduction, with supporting bills. A dispute about one deduction does not entitle the Licensor to hold back the undisputed balance.

7.5 If the Licensor delays refunding any part of the Deposit beyond 7 days from handover, that amount shall carry simple interest at 15% per annum from the date of handover until it is paid. The Licensee's remedy for a delayed refund is this interest and a claim for the money — the Licensee has no right to stay on in the Licensed Premises, or to withhold possession, because the Deposit has not been refunded.

8. Who pays what

8.1 The Licensor shall pay: society maintenance and service charges, non-occupancy charges, sinking fund, property tax, municipal taxes, ground rent, and every other outgoing that attaches to ownership of the Licensed Premises.

8.2 The Licensee shall pay: electricity, water charges where separately metered or billed for actual use, piped gas or cylinder charges, telephone, internet, cable or DTH, and any other charge for the Licensee's own consumption — for the whole period from __________ until handover.

8.3 The Licensee shall pay these directly to the supplier, on time, and shall show proof of payment if the Licensor asks. Anything left unpaid may be deducted from the Deposit.

8.4 The Parties shall record and both sign the electricity and water meter readings on the day the Licensee takes occupation, and again on the day of handover. Both sets of readings go into Annexure A.

9. Repairs and condition

9.1 The Licensee shall keep the Licensed Premises and the Annexure A articles clean and in good condition, fair wear and tear excepted.

9.2 The Licensee bears minor day-to-day repairs and consumables — bulbs, tube lights, fuses, tap washers, small plumbing jobs and the like.

9.3 The Licensor bears all structural and major repairs — leakage and seepage, water-proofing, external plumbing and drainage, main electrical wiring, and the repair or replacement of any Annexure A article that fails through ordinary use and not through the Licensee's misuse.

9.4 The Licensee shall tell the Licensor in writing about any repair that is the Licensor's responsibility. The Licensor shall carry it out within 15 days. If the Licensor does not, the Licensee may get it done and deduct the actual cost, supported by bills, from the next Licence Fee — capped at one month's Licence Fee unless the Licensor agrees in writing to more.

9.5 The Licensee shall not make any structural change or alteration, shall not drill or nail into tiled, marble or granite surfaces, shall not remove or replace any fixture, and shall not put up any signage or board on the outside, without the Licensor's written consent. Anything the Licensor permits must be restored to the original condition at handover if the Licensor asks.

10. No sub-licence, no sharing, no assignment

10.1 The Licensee shall not sub-licence, sub-let, assign, transfer, share, part with possession of, or allow any other person to use, the Licensed Premises or any part of them.

10.2 Any attempt to do so is void, is a material breach, and entitles the Licensor to terminate immediately under Clause 13.3.

11. Society and statutory intimations

11.1 The Licensor shall obtain whatever no-objection or intimation the co-operative housing society, condominium or apartment association requires, and shall pay any non-occupancy charges.

11.2 The Licensee shall follow the bye-laws, rules and reasonable directions of that society or association — on parking, visitors, pets, noise, waste segregation and the use of common areas.

11.3 The Licensor shall file the occupant intimation the local police require. The Licensee shall promptly give the Licensor photographs, identity documents and details of every occupant for that purpose.

11.4 If the Licensee or any occupant is a foreign national, the Licensee shall comply with the Form C and FRRO reporting requirements and shall give the Licensor whatever information the Licensor needs to comply as well.

12. Stamp duty, registration and e-registration

12.1 This Agreement shall be stamped with the proper stamp duty and registered under the Registration Act, 1908, before the Licensee is given occupation, and in any event within 30 days of the date of this Agreement.

12.2 Where the Licensed Premises are in Maharashtra, section 55 of the Maharashtra Rent Control Act, 1999 requires this Agreement to be in writing and registered, and places the responsibility for getting it registered on the Licensor. The Licensor shall comply — either by e-registration on the Department of Registration and Stamps portal, or by presenting this Agreement at the office of the Sub-Registrar. The Licensor understands that if this Agreement is not registered, the Licensee's version of the terms will prevail unless the Licensor proves otherwise, and that the Licensor is exposed to prosecution under section 55(3).

12.3 Where the Licensed Premises are outside Maharashtra, the Parties shall stamp and register this Agreement as the law in force in __________ requires.

12.4 The stamp duty, the registration fee, and any authorised service-provider or document-handling charge shall be borne by the Licensee. This does not shift the Licensor's legal responsibility under Clause 12.2.

12.5 Both Parties shall attend registration in person, or through a properly authorised representative, and shall provide the Aadhaar details, PAN, photographs, biometric thumb impressions and two witnesses needed to complete it. Neither Party shall refuse or delay.

12.6 Failure to register does not entitle the Licensee to stay in occupation after the Licence Period ends.

13. Ending this agreement

13.1 Lock-in. The Lock-in Period is __________ months from __________. (If that figure is zero, there is no lock-in and the rest of this Clause 13.1 does not apply.) Neither Party may end this Agreement during the Lock-in Period without cause. If the Licensee vacates during it, or the Licensor requires the Licensee to vacate during it without cause, the Party ending it early shall pay the other the Licence Fee for the unexpired part of the Lock-in Period — and where the Licensee is the paying Party, the Licensor may deduct that amount from the Deposit.

13.2 Notice. After the Lock-in Period, either Party may end this Agreement by giving the other 2 months' written notice. The Licensee may instead pay the Licence Fee for the notice period in place of serving notice.

13.3 Immediate termination by the Licensor. The Licensor may end this Agreement at once, by written notice, if the Licensee:
  (a) fails to pay the Licence Fee or any other amount due, and the failure continues for 15 days after a written demand;
  (b) breaches Clause 4 (use) or Clause 10 (no sub-licence);
  (c) causes damage or nuisance and does not put it right within 15 days of written notice;
  (d) uses the Licensed Premises for anything unlawful; or
  (e) breaches any other material term and does not put it right within 15 days of written notice.

13.4 Immediate termination by the Licensee. The Licensee may end this Agreement at once if the Licensed Premises become unfit for the permitted use through no fault of the Licensee and the Licensor does not restore them within 30 days, or if the Licensor's right to grant this licence fails.

13.5 Ending this Agreement does not affect any amount already due or any right that has already accrued to either Party.

14. Handing back the premises

14.1 When the Licence Period ends, or on termination, the Licensee shall — without any demand or further notice — remove himself, his family, employees, guests and belongings, and hand over vacant and peaceful possession of the Licensed Premises to the Licensor, along with all keys and access devices and the Annexure A articles in good condition, fair wear and tear excepted.

14.2 If the Licensee does not hand over on time, the Licensee shall pay the Licensor compensation for use and occupation at twice the daily rate of the Licence Fee for every day of delay, until vacant possession is actually given. The Parties agree this is a genuine pre-estimate of the Licensor's loss and not a penalty. The Licensor accepting this compensation does not extend the licence, revive it, or create a tenancy of any kind.

14.3 Where the Licensed Premises are in Maharashtra and were given for residence, the Licensor may apply to the Competent Authority under section 24 of the Maharashtra Rent Control Act, 1999 for a summary order for possession. Nothing in this Agreement takes that remedy away, and nothing in it requires the Licensor to go to a civil court first.

14.4 Anything the Licensee leaves behind for more than 15 days after handover may be removed and disposed of by the Licensor, and the reasonable cost of doing so recovered from the Licensee.

15. What the Licensor promises

15.1 The Licensor is lawfully entitled to grant this licence, and has obtained every consent needed — from any co-owner, society, association, mortgagee or superior landlord.

15.2 There is no order, injunction, attachment or encumbrance that prevents the Licensor from granting this licence.

15.3 So long as the Licensee pays the Licence Fee and keeps to this Agreement, the Licensor shall not disturb the Licensee's permitted use of the Licensed Premises, except as Clause 3 allows.

15.4 Every outgoing payable by the Licensor up to __________ has been paid.

15.5 If the Licensor sells or transfers the Licensed Premises during the Licence Period, the Licensor shall make sure the buyer honours this Agreement for the rest of its term and takes over the obligation to refund the Deposit. Until the buyer confirms that in writing to the Licensee, the Licensor stays liable.

16. Indemnity and liability

16.1 The Licensee shall indemnify the Licensor against any loss, damage, claim, fine or expense arising from the Licensee's use of the Licensed Premises, from the Licensee's breach of this Agreement, or from any breach of law by the Licensee or by the Licensee's occupants, employees or visitors.

16.2 The Licensor shall indemnify the Licensee against any claim arising from a defect in the Licensor's title or in the Licensor's right to grant this licence.

16.3 The Licensor is not responsible for loss of or damage to the Licensee's belongings, or for personal injury, unless caused by the Licensor's own negligence or breach of this Agreement. The Licensee should insure his own belongings.

17. Force majeure

Neither Party is liable for failing to perform (other than paying money already due) where the failure is caused by an event beyond that Party's reasonable control — flood, fire, earthquake, epidemic, riot, or a binding order of a public authority. If such an event continues for more than 60 days, either Party may end this Agreement on 15 days' written notice, and the Deposit shall be refunded under Clause 7.

18. Personal information

Each Party shall keep the other's identity documents and personal information confidential, and shall use them only for this Agreement and for the statutory filings it requires.

19. Notices

19.1 Every notice under this Agreement shall be in writing and shall be delivered by hand against acknowledgement, by registered post or speed post with acknowledgement due, or by reputed courier, to the address of the receiving Party written at the beginning of this Agreement. A copy may also be sent by email — to the Licensor at and to the Licensee at .

19.2 A notice takes effect: on delivery, if delivered by hand or courier; on the earlier of actual delivery and the fifth day after posting, if sent by post; and on the day it is sent, if sent by email on a working day before 6 p.m.

19.3 A Party that changes its address or email shall tell the other in writing within 7 days. Until it does, notices sent to the old address are valid.

20. Disputes and jurisdiction

20.1 If a dispute arises, the Party raising it shall write to the other, and the Parties shall try in good faith to settle it by discussion within 15 days.

20.2 If they cannot, the courts and tribunals at __________ shall have exclusive jurisdiction. This Agreement is governed by the laws of India.

20.3 Clause 20.2 does not stop the Licensor from applying to the Competent Authority under section 24 of the Maharashtra Rent Control Act, 1999, or to any other authority with statutory jurisdiction, and does not stop either Party from asking a court for urgent interim relief.

21. General

21.1 This Agreement is the whole agreement between the Parties about the Licensed Premises, and replaces every earlier discussion, brochure, email, advertisement and understanding.

21.2 It can be changed only by a written document signed by both Parties and, where the law requires, properly stamped and registered.

21.3 Delay or indulgence by a Party is not a waiver. In particular, the Licensor accepting the Licence Fee after a breach does not waive that breach.

21.4 If any clause is held invalid or unenforceable, the rest of this Agreement continues in force.

21.5 Headings are for convenience only and do not affect the meaning of any clause.

21.6 This Agreement is signed in two counterparts, one for each Party, each of which is an original.

Signatures

Signed by the Licensor

Name: __________

Signature: ______________________________

Place: __________    Date: __________

Signed by the Licensee

Name: __________

Signature: ______________________________

Place: __________    Date: __________

Witnesses

1. Name: _________________________________________

    Address: ______________________________________

    ID number: ____________________ Signature: ____________________

2. Name: _________________________________________

    Address: ______________________________________

    ID number: ____________________ Signature: ____________________

Receipt for the security deposit

Received from __________ the sum of __________ as the interest-free refundable security deposit under Clause 7 of this Agreement.

Mode of payment: ____________________________    Reference / UTR: ____________________

Date received: ____________________

Licensor's signature: ______________________________

ANNEXURE A — Fixtures, fittings and articles handed over

Meter readings

Licensor's signature: ____________________    Licensee's signature: ____________________

Both Parties should photograph the Licensed Premises and each listed article on the day of handover and keep the photographs. Most deposit disputes are decided on this Annexure.