Renting property under lease and licence agreement.
Is it advisable to rent out my property under a lease and license agreement for 36 months in kolkata. Will the new West bengal rent control/tenancy act cover leave and license agreements also?
No, the Leave and License agreement is not covered under West Bengal Premises Tenancy Act,however you can enter into a leave and license agreement under Indian Easement Act. A Leave and Licence Agreement, as defined in Section 52 of the Indian Easements Act, 1882, gives the licensee the right to use and occupy the Licensed Premises for a limited duration.
A Leave and Licence Agreement does not give tenants any ownership right of the property, nor does it provide the same non-eviction protections given in a Tenancy Agreement, rather the license to occupy can be terminated as per the terms of the agreement or otherwise and licencor can demand possession back from the licensee. Leave and Licence Agreement of 11 months execute irrespective to Rent Control Act or Premises Tenancy Act which is under the provision Section 52 of the Indian Easements Act, 1882.
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