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Can a property on leave and license agreement be subleased?


15-Jan-2023 (In Landlord/Tenant Law)

We want to start a business where we take unfurnished property from owner on leave and license and sublease it to other people after furnishing it. The stamp duty for lease is very high and this business is sustainable only if we go via L&L agreement. If we take permission from owner in the agreement for subleasing, can we do it? What are the legal things that are there?

Answers (1)

Answer #1
382 votes

Yes, it would be crucial to have a clearly drafted lease agreement with the individual owners which provides for subletting the property and the specific rights of both parties. You may then sub-let the furnished apartments through a lease and license agreement. The agreement should clearly state that no tenancy rights are created and that the use of the property is only given on license. Therefore, you will need two expertly drafted contracts, one with owners of the unfurnished flats, and second with the end consumers. Do include clauses such as indemnity and to safeguard the property (by deducting from a security deposit) etc. to cover all foreseeable issues. Feel free to get in touch if we could be of any further assistance to you.

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