Leave and License Agreement to a Company for
Residence of Its Officers
This Agreement is made at ... this
... day of ... between Mr. A hereinafter referred to as 'the Licensor' of the
One Part and M/s. ABC & Co. Ltd., a Company registered under the Companies
Act, 1956 and having its registered Office at ... hereinafter referred to as
the 'Licensee' of the Other Part, as follows-
Whereas the Licensor is the owner of a
Residential Flat No... on the ... floor in the building known as ... and
situate at ... bearing Survey No... which, building with the land attached
thereto belongs to ... Co-operative Housing Society Ltd., and which Is situate
And Whereas the said Flat has a carpet of...
sq. ft. and has ... rooms besides toilet rooms, kitchen, and balconies. It
belongs to and is in possession of the Licensor as a member of the said
And Whereas the said Flat Is at present not
required by the Licensor as he has been transferred to ... by his employer.
And Whereas the Licensor has agreed to grant
leave and license to the Licensee for the occupation and use of the said Flat
by its one or the other officer on the following terms and conditions agreed to
Between The Parties Hereto.
Now It Is Agreed By And Between The Parties
Hereto As Follows:-
1. The Licensor hereby
grants leave and license to the Licensee to occupy and use the said Flat
(hereinafter referred to as the Licensed Premises) for a period of three years
from the date hereof for the residence of any one Officer of the Licensee
alongwith his family members and for no other purpose.
2. The Licensee will
Intimate In writing to the Licensor the name and designation of the Officer who
is allotted the said Flat and also the names of members of his family who will
be occupying the said premises alongwith that officer.
3. The Licensee shall
pay to the Licensor a sum of Rs... per month (calculated at the rate of Rs...
per sq. ft.) as License fee or compensation to be paid in advance for each
month on or before the ... day of each month.
4. All the Municipal taxes
and other taxes and levies in respect of the Licensed premises will he paid by
the Licensor alone.
5. The electric charges
and water charges for the Licensee to the authorities concerned and the
Licensor will pay electric and water consumption in the said Licensed Premises
will not be responsible for the same. For the sake of convenience separate
electric and water meters if possible will be provided in the said premises.
The maintenance charges payable to the said Co-operative Society by the
Licensor will be payable by the Licensee through the Licensor or direct to the
Society but for and on behalf of the licensor. The said charges will be
exclusive of the monthly compensation payable by the Licensee as aforesaid.
6. The Licensee or its
Officer occupying the said premises will be allowed to use the open space No...
under the stilts of the said building for parking one car only during the
period of the License and no separate compensation will be payable for the
same. The said parking space will be deemed to be a part of the Licensed
7. The Licensed premises
will be used only for residence of the Officer of the Licensee and for no other
8. The Licensed Premises
have normal electricity fittings and fixtures. The Licensee or Its officer
shall not put up any additional fittings and fixtures and no other changes, by
way of additions or alterations will be made to or in the said Licensed
9. The Licensed Premises
are given to the Licensee on personal basis and the Licensee or its officer
occupying the same will not be entitled to transfer the benefit of this
agreement to anybody else or will not be entitled to allow anybody else to
occupy the premises or any part thereof. Nothing In this agreement shall be
deemed to grant a lease or tenancy, and the Licensee agrees and undertakes that
the Licensee shall take up no such contention at any time.
10. The Licensee shall
not 6e deemed to be in the exclusive possession of the Licensed premises and
the Licensor will have the right to enter upon the premises at any time during
working day hours to inspect the premises. The juridical possession shall be
deemed to be with the Licensor.
11. The Licensee shall
maintain the licensed premises in good condition and will not cause any damage
thereto. If any damage is caused to the premises or any part thereof by the
Licensee or its employees, servants or agents, the same will be made good by
the Licensee at Its cost either by rectifying the damage or by paying cash
compensation as may be deter- mined by the Licensor's Architect.
12. The Licensee or the
Officers occupying the same shall not cause any nuisance or annoyance to the
people in the neighbourhood or store any hazardous goods on the premises or
near about and shall not do any act which would be a breach of the bye-laws of
the said society.
13. If the Licensee
commits a breach of any term of this agreement then notwithstanding anything
herein contained the Licensor will be entitled to terminate this agreement by
fifteen days prior notice to the Licensee. Any act of commission or omission
committed by the Officer of the Licensee occupying the Licensed Premises will
be deemed to be an act of omission or commission of the Licensee.
14. On the expiration of
the said term or period of the License or earlier termination thereof, the
Licensee shall hand over vacant and peaceful possession of the Licensed
Premises to the Licensor in the same condition In which the premises now exist
subject to normal wear and tear. The Licensee or its Officer remaining in
occupation of the premises after such termination will be deemed to be an act
15. If the Officer of the
Licensee occupying the said Licensed Premises under this agreement, ceases to
be the Officer of the Licensee for any reason whatsoever, the Licensee shall
take steps to immediately remove him from the said premises. As a security for
the said assurance or obligation of the Licensee, as well as a security for the
performance and observance of the terms and conditions of this agreement, the
Licensee has deposited with the Licensor a sum of Rs... without interest. If
the Licensee commits breach of any term or condition of this agreement and this
agreement and the license hereby granted are terminated by the Licensor, the
said deposit will stand forfeited to the Licensor. without prejudice to the
other rights of the Licensor under this agreement or In law and without the
Licensee being absolved of his obligations under this agreement. If. however,
this agreement is terminated without any default on the part of the Licensee,
its servants and agents or by the efflux of time, the said deposit will be
refunded to the Licensee on such termination forthwith.
16. This agreement will
also stand terminated on the Licensee going into liquidation voluntarily or
IN WITNESS WHEREOF the parties hereto have
put their hands the day and year first hereinabove written.
Signed by the withinnamed Licensor Shri A,
in the presence of ... ... ...
Signed by the withinnamed Licensee M/s. ABC
& Co. Ltd.
by Its Managing Director, duly authorised in
behalf, in the presence of