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  • Category: Education

    Leave and license agreement for RTE admission for 2020

    Do you have a query regarding living license agreement? Looking out for detailed information regarindg the validity of the agreement? Scroll through this Ask Expert page and get all your doubts resolved.

    I have agreement form June 2020 to March 2021. (leave and license agreement).
    But as I got call from school person, this is not valid.
    They need before (31 January 2020) - agreement.
    I am leaving in chawl more than 5 years in my relative's home. So I don't require any agreement.
    Not they want the agreement before 31 January 2020.

    Please help me for the best solution to take son's admission.
  • Answers

    4 Answers found.
  • The licensor gives his immovable property full or a portion of it temporarily to the licensee to use and occupy, for carrying out a business activity or residential use. For this, shall be paid by /The licensee has to pay a fixed amount as the rent to the licensor. Generally, this agreement will be for a period of 11 months. The agreement is to be registered before the sub-registrar belonging to the area.
    This agreement generally covers
    A. Details of the premises
    B. Details of rent,
    C. Duties and responsibilities of the two parties involved in the agreement.
    D. The terms of the agreement,
    E, Security Deposit details
    F. Details of maintenance, electricity and water charges,
    G. Details regarding termination and extension of the agreement
    H. Penalty clause
    I. Details of fixtures and schedule of property,
    J. Right to sub-license.
    In your case what is written in Point G is important. In this general, they mention the advance notice to be given by the two parties involved if they want to close the agreement before the validity period, You have to follow that clause.
    I suggest you follow the point as written. If the other party is deviating from what is written you can contact a lawyer and take his suggestion and follow the course of action as suggested by him.

    always confident

  • In connection with local residence proof sometimes schools would ask for such documents and you have to provide them as it is related to proving your residence in connection with the admission of the student. One solution which can be tried and you have to talk to the lawyer there about it, is that you can make a leave and license agreement for the earlier period citing that it was done on a verbal note but to document that now it is written down and signed by both the parties today for that period. So the lawyer would frame the language of the agreement in such a fashion that it looks pertaining to that period and everything has to be mentioned in that what is mentioned in a normal current leave and license agreement. Usually they are for a period of 11 months after which they can be renewed with new rates etc for the next 11 months. But one can go for a longer leave and license agreements also. There is no restriction on that. It depends on the mutual understanding and consent for the same.

    As in your case you are residing with your relative so he would easily do it for you and now there are two things to be done. One is to make a leave and license agreement for the earlier period covering January 2020 in it and sign it in the present date mentioning everything there along with the rent etc and the house owner has to also mention that the rent was received by him and the document is being made for regularisation purposes only. Second thing is that another agreement is to be made for the current months and some future period whatever is agreeable to both the parties. So if you present these two agreements to the school they would be satisfied that you were residing here side so much of time. The second agreement should start from the time the first one ends. There should be continuity in them.

    There are some legal ways of doing it by suitably wording the document and any lawyer would give you help in that and they can even suggest some other ways to cope up with this. There are many provisions of regularising earlier happenings with post facto documents and it is a common practice in the legal world.

    Knowledge is power.

  • Proof of residence is an important document and schools, colleges, banks, offices etc would ask it whenever it is relevant for some admission or task in that particular organisation. So a leave and license agreement covering the required time spans is an essential requirement. In case someone is staying with the relative then it is not necessary that he would be staying like a tenant. Most of the cases he lives like a dependent relative or at the most like a paying guest. So it becomes difficult to provide an agreement as proof of residence in such cases.

    One of our relative had same problem and then the institution suggested him to bring a copy of the electric bill of the house and on that give a certification from the house owner that such and such relative is staying with them and is a temporary member of their family till he is studying there. So, you can try that also if the school accepts it.

    Thoughts exchanged is knowledge gained.

  • Leave and license agreement is a type of binding contract laying down the length and scope of license where details of the terms and conditions are specified along with the license term.
    A license is defined in section 52 of Indian Easement Act 1882 stating that License granted for some specific purpose and duration.
    Compulsory elements in this regard are listed below -
    1) Names and Address of the party - Full name of the party is required to be mentioned in the contract.
    2) Rent and the tenure of the Agreement- The duration of the license agreement is usually for 11 months but can be renewed after the expiry of the said period.
    3) Yearly increase of the Rent - It is also indicated in the license agreement that there will be an increase of the agreed rent on yearly basis term. It may be within the range of 5- 6 percent or any amount accepted by both licensee and licensor on their mutual consent.
    4) Security Amount- The licensor would pay security money as decided by the licensee. This may be to the tune of six month of annual rent or otherwise.
    5) Carrying out repair and maintenance in the premises - The premises being led out on license will have a Clause regarding the permission to carry out any repair or alteration if required. The cost of such repairs can either be adjusted from the security money or there should be the provision of reimbursement from the licensee depending upon the understanding between licensee and the licensor.
    The licensor may include any other item such as maintaining the furnishing or fixture in proper condition otherwise the licensee has to pay penalty for the same.

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