Golf Course Road is an important road which connects Bristol Chowk near Sector 26 with Golf Course Extension Road near Sector 56. The micro-market of Golf Course Road consists of various affluent localities on both sides such as DLF Phase 1 & 5 and sectors such as Sector 42, 43, 53, 54, 55 & 56.
Golf Course Road is a vital residential and commercial corridor. It comprises a good blend of luxury residential and sprawling office complexes. Golf Course Road is one of the most posh areas in Gurgaon having high-end residential apartments, green surroundings and well-developed infrastructure.
Looking for a place that is pleasing, with good connectivity, suitable surroundings, close to schools and hospitals nearby. Golf Course Road, Gurgaon might be a great pick.
Here is all the information you would need. Read on!
List of top gated communities in Golf Course Road, Gurgaon
1. Parsvnath Exotica, Golf Course Road
Parsvnath Exotica is a residential property located in Golf Course Road, Gurgaon. It is a brilliantly planned project. This project spreads over a huge area of 27 Acres that is very well-maintained and clean. Parsvnath Exotica has twenty well-executed towers that feature a total of 786 units to choose from. All of these units are constructed and completed in robust quality.
At Parsvnath Exotica you get access to the finest amenities and facilities such as golf course, power backup, jogging and strolling track, flower gardens, indoor games room, indoor squash & badminton courts, kids play area, meditation area, multipurpose courts, outdoor tennis courts, among many others.
Highlights and Amenities in Parsvnath Exotica
Type of apartments: 3, 4 BHK
Area per apartment: 2810-3400 sq.ft.
Address: Parsvnath Exotica Opp. Golf Course, Main Sector Road, Sector 53, Gurugram, 122011.
2. Tulip Monsella, Golf Course Road
Tulip Monsella is an elegant gated community located at Sector 53, Golf Course Road, Gurgaon. It is a well-designed project that is sure to wow prospective buyers and residents. This project covers a large area of 19 Acres that allows abundant green space to its residents. Tulip Monsella comprises ten towers that feature almost over 1000 units in total.
Tulip Monsella has made available great amenities and facilities such as golf course, pool with temperature control, mini cinema theater, skydeck, private terrace/garden, earthquake resistant structure, high ceiling, large clubhouse, large open space and prime location too.
Highlights and Amenities in Tulip Monsella
Type of apartments: 3, 4, 5 BHK
Area per apartment: 1638-4503 sq.ft.
Address: Sector 53, Golf Course Road, Gurgaon, 122022.
3. DLF Park Place, Golf Course Road
DLF Park Place is a magnificent residential project located at Sector 54, Golf Course Road, Gurgaon. This project is spread over a large area of 15 Acres that is well-maintained and clean. DLF Park Place is divided into thirteen remarkable towers that feature a total of 1508 units to choose from. Moreover, these units are all available at a great price making them all the more appealing.
DLF Park Place ensures fine living with amenities and facilities such as mini cinema theater, fire fighting equipment, dance studio, arts & craft studio, outdoor tennis courts, jogging and strolling track, piped gas, conference room, cafeteria/food court, flower gardens, among others.
Highlights and Amenities in DLF Park Place
Type of apartments: 3, 4 BHK
Area per apartment: 1983-2721 sq.ft.
Address: DLF Phase 5, Sector 54, Gurugram, Haryana, 122011.
4. DLF Crest, Golf Course Road
DLF Crest is a dashing residential complex situated in Sector 54, Golf Course Road, Gurgaon. This is a meticulously planned project. This project is built over an area of 8 Acres that is well spaced out. DLF Crest is divided into six magnificent towers that feature a total of 765 units to choose from. Each of these units are smartly constructed keeping the essentials of modern lifestyle in mind.
DLF Crest provides its residents with the best of modern living with amenities and facilities such as fire fighting equipment, visitor parking, security, reserved parking, rain water harvesting, lift, kids play pool with water slides, cafeteria/food court, multipurpose courts, indoor squash & badminton courts, among many others.
Highlights and Amenities in DLF Crest
Type of apartments: 3, 4,5 BHK
Area per apartment: 2686-6160 sq.ft.
Address: DLF 5, Golf Course Road, Sector 54, Gurgaon, Haryana 122001.
5. TDI Ourania, Golf Course Road
Located in Sector 53, Golf Course Road, Gurgaon, TDI Ourania is a smartly constructed residential project. The project is built over an area of 5 Acres that is very well maintained and clean. TDI Ourania is divided into three towers that feature a total of over 252 units to choose from. Moreover, all of these units have an aesthetic layout and are of robust quality.
TDI Ourania is available with all facilities and amenities of comfort such as mini cinema theater, power backup, conference room, earthquake resistant structure, indoor games room, indoor squash & badminton courts, kids club, kids play area, multipurpose courts, recreational pool, among others. TDI Ourania is a great place to live given all the facilities and amenities, Along with its prime location.
Highlights and Amenities in TDI Ourania
Type of apartments: 2, 3, 4 BHK
Area per apartment: 1245-3850 sq.ft.
Address: Golf Course Road, Behind South Point Mall, DLF Phase 5, Sector 53, Gurgaon, 122022.
Things to do in Golf Course Road, Gurgaon
1. Shop Golf Equipments
If you are a golf enthusiast then Golf Destination is just the right place to shop. The Golf Destination is a retail store located in Sector 43 Metro Station on Golf Course Road, that provides golf equipment and accessories at an affordable rate. They also carry a wide range of premium brands for you to choose from. What more? They also provide a 1-2 year warranty on all the products.
2. Practice Mindfulness
Mindhouse located on the Golf Course Road offers scientifically-backed modern meditation sessions at their studio. They also have a mobile app to supplement sessions anytime, anywhere. They offer six different courses which are: Mindfulness, Yin Yoga, Cyclic Meditation, Sound Bath, Visualization and Breathwork. You can opt for any of their courses depending upon your lifestyle and requirements.
3. Take yourself to a self care date
There is nothing better than taking a day off for self care. Book a spa day appointment at the Levo Salon, located on Golf Course Road, and enjoy various massages, manicures, pedicures, facials, treatments, haircuts and so much more. Feel refreshed and rejuvenated after spending the day amidst oils, essences, incense, aromas, clays, and butters.
4. Indulge in books and art
If you love books and art then Quill and Canvas is just the place for you. Every book and art lover should visit Quill and Canvas in South Point Mall Gurgaon for its nostalgic ambience that is comforting and interesting all at the same time. This bookstore and art gallery has plenty of books, artworks that you can buy, stationery and also a monthly book club if you would like to be a part of one.
5. Go out for food and drinks
Golf Course Road is well known for its food and drink places. The entire locality is buzzing with interesting eateries. Here are some of the very best places that you should definitely check out – Impromptu, Indian Grill Room, The Hangout By 1861, Degrees Brauhaus, Manhattan Brewery and Bar Exchange, Saga- Cuisines of India, Brick Cafe, Crepe-Fe, Cafe Reed, The Big Tree Cafe, Sweet Obsession, Bikkgane Biryani, Another Fine Day, BiziBean, Delhi Club House, the Forresta, Saints N Sinners, Artusi Ristorante in Piazza Gurgaon (Italian Restaurant), Forrest Cafe.
Places to visit in Golf Course Road, Gurgaon
1. Global Foyer
Global Foyer is a relatively new mall on Golf Course Road. It has a fresh feel to it given the fact that it is an open mall with many shops just on the fringes. It also has many good food places to choose from. One of the best aspects of Global Foyer is the good parking space that it has inside in the basement, and the front inner lane too. For fitness lovers, the mall also has a gym that you should check out. Other than that, it has a pleasant environment, all in all a good place to hang around with friends.
Address: 15 Global Foyer, Golf Course Rd, Sector 43, Gurugram, Haryana 122002
2. South Point Mall
South Point Mall is another great spot to check out on Golf Course Road. The Mall has some nice cafes and restaurants to eat at. You could check out the many spas / salons and optical stores when wandering about the building. There are a good few apparel stores to shop from that shoppers would definitely enjoy. One of the places that you cannot miss out when in Southpoint Mall is Quill and Canvas.
Address: Golf Course Rd, DLF Phase 5, Sector 53, Gurugram, Haryana 122022
3. Thousand Shades Butterfly Park
Thousand Shades Butterfly Park is located along Golf Course Road and is a great place for a chill evening spent enjoying a light breeze. There are a lot of different kinds of animals like Rabbits, Guinea Pigs, Ducks and Geese in the park. They have a butterfly conservatory with various kinds of butterflies.The walk around the park, leads you to an almost forest-like green space that is rather peaceful and soothing. Take a walk along the park, pet or feed the animals, and enjoy the environment. It just cannot get better.
Address: C3QR+62M, Sector 52A, Gurugram, Haryana 122022
4. SPADA Sports Arena
SPADA sports Arena is a great place for sports lovers looking for a place to kick a ball. This arena hosts ‘pick up’ football (soccer), cage cricket and basketball games. Soccer is played in a 5 on 5 format in a 100 by 60 feet field caged from all sides and top. Premium FIFA approved artificial grass pitch and strong flood lights for night games. The Basketball court is a FIBA regulation size court with high quality backboards and playing surface. You can come as an individual and play with an assigned group or book the whole place for box cricket, football cage or basketball court for your own group to play.
Address: Excelsior American School, 1, Sushant Lok Phase I, Block C2, DLF Phase IV, Sector 43, Gurugram, Haryana 122001
FAQs about Golf Course Road, Gurgaon
How is Golf Course Road, Gurgaon connected to the rest of the city?The area is well-connected through Golf Course Road, MG Road and Golf Course Extension Road. Also, the whole corridor of Golf Course Road has multiple rapid metro stations which easily connects this area with Sikanderpur metro station on Yellow Line, further boosting connectivity.
How much time is required to reach the airport from Golf Course Road, Gurgaon?Indira Gandhi International Airport can be reached in about 20-25 minutes due to signal free road after construction of several underpasses on Golf Course Road.
Which are the prominent schools located in and around Golf Course Road, Gurgaon?Shiv Nadar School, Lancers International School, The Shri Ram School Aravali and Excelsior American School, are some of the prominent schools located in and around the area.
Which are the major hospitals located in and around Golf Course Road, Gurgaon?Paras Hospitals, UPHI The Wellness & Surgical Centre and HCL Healthcare Clinic, are the major hospitals located in and around the area.
Which are the go-to malls/marketplaces located in and around Golf Course Road, Gurgaon?DLF Mega Mall, Global Foyer Mall, South Point Mall, Central Plaza and MGF Megacity Mall, are the go-to malls/marketplaces located in and around this area.
How is Golf Course Road, Gurgaon, connected to the important employment hubs of the city?Golf Course Road is a significant commercial center itself and hosts many well-equipped office complexes that houses many renowned organizations. Other key employment hubs of Cyber City and Sohna Road are located within 15-20 minutes from this area.
Reach for the sky! The bigger the better! Onwards and upward! Humankind’s desire to aim higher and higher can clearly be seen in our strides in architecture and structural engineering in the last century. Buildings tower thousands of feet in the skies, each competing for landmark status.
In India, the tallest buildings you will find are in the biggest cities as skyscrapers are usually linked to the development of a place. A skyscraper is defined at a building that is 492 feet (150 meters) or higher. It should have at least 40 floors. Mumbai, quite predictably has the most number of skyscrapers in India, with more than 70 under its belt. It’s no surprise then that this bustling city is home to a great many buildings featured in the list below.
Here are the tallest buildings in India that are fully constructed and habitable.
1. World One
Built by Lodha Builders and located in Mumbai, World One is officially the tallest building in India to date. Standing at an astonishing 919 feet high (280.2 meters), this skyscraper is just 65 feet shorter than the Eiffel Tower in France. The area spans over 17.5 acres and the site houses the World View and the World Crest towers as well.
The architects who worked on World One were from the American architectural firm Pei Cobb Freed & Partners.
Its construction began in 2011 and it was initially planned to be built at 1,450 feet tall (442 m). However, the project was stalled as there was no permissions granted from the Airports Authority of India to build that high. The building was then redesigned and completed to the height it is at today.
The cost of apartments at World One starts at a whopping ₹150 million (US$1.9 million) for a 3BHK. The World One tower has 3 and 4 BHK apartments.
Height: 919 feet
Location: Lower Parel, Mumbai
Developer: Lodha Builders
2. World View
Part of the World Towers that includes the tallest building in Mumbai, World One, as well as World Crest, World View by Lodha Builders is a 73-floor skyscraper with an impressive 911 foot height (277.6 m). This residential building was completed in 2015 and is currently the 174th tallest building in the whole of Asia. World View ranks 289th in the world for tallest buildings.
Height: 911 feet
Location: Lower Parel, Mumbai
Developer: Lodha Builders
3. The Park
Another skyscraper located in Mumbai and built by Lodha Builders, The Park is a sprawling 17.5-acre property that offers its residents the best of what Mumbai has to offer. Located in the posh Worli area of Mumbai, India, this complex consists of five towers. Each tower is 268 meters high with 78 floors. The towers, which are all residential, each have their own names: Lodha Trump Tower, Lodha Marquise, Lodha Kiara, Lodha Allura and Lodha Parkside.
Inside this luxury residential complex, you will find the best of amenities like a kids’ play zone, an indoor play area, an entertainment area, a library, an activity room, a pool and much more.
Height: 879 feet
Location: Worli, Mumbai
Developer: Lodha Builders
4. Omkar 1973
Omkar in Mumbai stands at 876 feet tall and is home to Mumbai’s rich and famous. Some of the property’s high-profile residents include cricketers Yuvraj Singh and Virat Kohli and his wife, actress Anushka Sharma.
Developed by, Omkar Realtors & Developers, Omkar 1973 is situated in Worli, Mumbai. It is considered a multi-skyscraper as it has three skyscrapers of the same height. Each of these towers house 73 floors, as well as three underground parking levels.
As with a luxury complex of this stature, there are amazing world-class amenities available such as an infinity pool, spa and jogging/walking track.
Height: 876 feet
Location: Worli, Mumbai
Developer: Omkar Realtors & Developers
5. Nathani Heights
Nathani Heights in Mumbai was built by Nathani Group and is located near Mumbai Central Railway’s station. This building that stands at 860 feet or 262 m tall began its construction in 2012 and was officially complete three years ago in 2020.
From Nathani Heights, residents can enjoy spectacular views of the most beautiful parts of Mumbai. You can see the Mahalaxmi Racecourse, the Arabian Sea and the Queen’s Necklace.
The 72-storey hight building has all the luxury amenities expected such as a gym, massage rooms, yoga area, tennis court, swimming pool and jogging track.
Height: 860 feet
Location: Mumbai Central, Mumbai
Developer: Nathani Group
6. The 42
This marvel from Kolkata stands at 850 feet (259 m) and was developed by Mani Group, Salarpuria Sattva Group, Diamond Group and Alcove Realty. Located in Chowringhee, the central business district of West Bengal, the landmark is in good company with Tata Centre and Jeevan Sudha near by.
There are 65 floors in The 42 skyscraper and it is a residential building with 56 flats which are estimated to cost around Rs 20 crore and upwards per home. That’s approximately Rs 20,000-22,000 per sq ft.
Amenities here include a salon, spa, swimming pool, banquet hall, private cinema and clubhouse. From this building, you can see an amazing view of the ‘City of Joy’ and there is easy metro and bus access.
Height: 850 feet
Location: Park Street Area, Kolkata
Developer: Mani Group, Salarpuria Sattva Group, Diamond Group and Alcove Realty
7. Three Sixty West Tower A
The Oberoi Realty Three Sixty West Tower A in Worli, Mumbai, is one of the most famous skyscraper complexes in Mumbai. It is a mixed use project that has two towers – one housing the famous Ritz-Carlton Hotel and the second housing luxury residences which are managed by The Ritz-Carlton. Each home here is designed to have a spectacular view of the sea.
The taller Tower is 853 feet (260 metres) and has 66 floors. Tower A (the hotel) is 839 feet (255.6 m) and has 52 floors.
This luxury development has all the world-class amenities of the most luxurious apartments. There are sporting and fitness facilities as well as entertainment and leisure offerings. The podium area even houses restaurants and ballrooms.
Height: 853 feet
Location: Worli, Mumbai
Developer: Oberoi Realty
8. One Avighna Park
This residential Mumbai building is located in Lower Parel East. It is actually two 64-storey buildings of the same height. These luxury towers are known for their striking design that is imposing and modern.
Here, residents can enjoy features such as private plunge pools and sun decks besides the regular amenities such as a gym, pool, etc.
There are 3 BHK, 4 BHK and 5 BHK spacious apartments here, with duplexes also offered. The building is centrally located with access to public transport, entertainment, shopping and hospitals and schools all placed conviniently.
Height: 853 feet
Location: Parel, Mumbai
Developer: Avighna India Ltd.
9. Imperial I & Imperial II
Standing tall at an incredible 840 feet, this twin-tower building complex by S D Corporation Pvt. Ltd. used to be the tallest in India a few years ago in 2019. Since its completion in 2010, Imperial I & II has made its name as one of the most prestigious and premium residential buildings to live in Mumbai.
On the building’s ninth floor, there is a fabulous landscaped podium, a breath of fresh air and greenery in the concrete jungle of Mumbai. There are a whopping 60 floors in this skyscraper that is located in Tardeo, close to SP Mills Compound in Mumbai. The area is also known as billionaire’s row as the property prices are sky-high and many of India’s wealthiest people live here.
The Imperial towers were designed by architect Hafeez Contractor and it is perhaps the project that he is most known for in Mumbai. This complex was ranked as Asia’s 135th tallest building. It stands at the 258th tallest building in the world.
Height: 840 feet
Location: Tardeo, Mumbai
Developer: S D Corporation Pvt. Ltd.
10. Rustomjee Crown
This mammoth building stands at a towering 850 feet and it is a residential complex. Sitting on a 5-acre plot of land in the affluent neightbourhood of Prabhadevi, Rustomjee Crown offers luxury residences in 2 BHK, 3BHK, 4 BHK and 5 BHK apartments. There is ample compound space and parking for vehicles. The building is centrally located (close to the Bandra-Worli Sea Link and Hindamata Flyover) )so it’s a great residential choice for commuting to work.
Height: 850 feet
Location: Prabhadevei, Mumbai
Developer: Rustomjee
The leave and license agreement governs the relationship between the licensor (landlord) and the licensee (tenant).
It is an agreement or contract where the licensor gives the licensee permission to use a property for a specified time. The leave and license contract is usually valid for an 11-month duration, with an option to renew it for another 11 months.
If there is any dispute, for example, over how often rent can be increased, it is the document that can put the matter to rest. However, often there isn’t enough care taken by tenants to ensure they are getting a fair deal. As with any other agreement, it creates certain obligations, both upon you and the licensor.
In this article, you can learn what these obligations are, why such an agreement is different from a lease and why it needs to be registered. There is also a format you have to follow when drawing up a leave and license agreement, as well as ensuring that it is legally valid. Read on to find out all about all this and more.
What is a leave and license agreement?
A leave and license agreement is a legal document that allows one party (called the licensor) to allow another party (called the licensee) to use their immovable asset or assets (property). This agreement is set for a specific time period. There is to be no change in the ownership of the asset. In India, the leave and license agreement is usually used between a landlord and their tenants. It is used primarily in the house rental segment. When dealing with commercial realty, lease agreements are usually used more often.
What are the differences between a lease and a leave and license agreement?
According to leave and license agreements, the landlord has the right to enter and use the property. The licensee cannot dispute this. However, with a lease agreement, the landlord has given the entire possession of his property to the lessee (tenant) for a particular period of time for a fixed amount of money. Here are some points to keep in mind:
- A lease creates an interest in the property, unlike a leave and license agreement.
- A lease gives the lessee or tenant exclusive possession of the property for that specifically stated time period. On the contrary, a leave and license agreement only gives the tenant the right to occupy the landlord’s property.
- Leave and license are revocable. A lease is not revocable.
- Leases are transferable while leave and license are not transferable.
- With a lease, inheritable rights are created. With leave and license agreements, inheritable rights are not created.
Leave and license agreement: The legal definition
The definition of the leave and license agreement can be found in the Indian Easements Act, 1882. Section 52 of the Indian Easements Act states:
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property, the right is called a license.
According to the Supreme Court (SC), if a leave and license agreement permits only the usage of a property in a specific way or under specific terms, while it is in the possession and control of the owner, it will be a license. This means that no interest in the property is transferred to the tenant.
So the owner of the property still maintains legal possession of his or her property. The Supreme Court states, “The legal possession, thereof, continues to be with the owner of the property but the licensee is permitted to make use of the premises for a particular purpose. But for this permission, his occupation would be unlawful. It does not create in his favor any estate or interest in the property.’
As there is no easement right granted, the landlord of the property can revoke the permission granted to the tenant at any time. The landlord can choose to let out his property for short periods by working out a leave and license rental agreement. This benefits tenants as well as they will not have to give extended notice periods when they want to vacate a property.
Characteristics of a leave and license agreement
The Leave And Licence Agreement agreement creates various rights and obligations on you and the property owner. Without a contract to decide what happens when one of these rights is breached or obligations are not performed, problems will surely ensue. If you’re not familiar with the procedure, you should pay a lawyer to take you through it. A range of disputes could arise from a badly drawn-out leave and license agreement. The contract should address all the key issues and state what the consequences will be in case of a dispute.
Leave and license agreements have similar elements, but what’s important is how it has been worded. So don’t just check to see it’s all there, read carefully to check its meaning. Here’s what you need to look out for.
1. Names
Always look for the names mentioned in the agreement. The names of the licensor and the licensee should, of course, be mentioned. Ensure that the person presenting himself as the owner genuinely is the owner. Also, ensure that the agreement doesn’t create a relationship with any other person or entity.
2. Address
In agreements of immovable property, the address is always described in a detailed manner. The full address of the property, a description of the house and the surrounding areas are a must.
3. Term of agreement
The term is the period of the license. Often, it is for 11 months, but this can be increased to five years as well. There isn’t any restriction on the time. There may also be a mention of a lock-in period. For example, an agreement may penalize the tenant for terminating the agreement within a short period of time (usually six months) by withholding the entire or a portion of the deposit. Lock-in periods aren’t enforceable in court, but if you sign an agreement that stipulates a lock-in period, you are bound to abide by it.
4. Repairs
The agreement should clearly mention the condition the apartment should be in. This is important because the landlord then has to maintain and repair the home as and when necessary. The rental agreement should mention a clause for regular maintenance of the property. Usually, tenants take care of minor repairs.
5. Alterations
Tenants can’t just make any changes to the property. There need to be guidelines as to what can and can’t be done. Usually, structural changes are not allowed. The contract could also specify how often the apartment needs to be painted. However, this would only be with contracts with a term longer than 11 months. If the property owner renews the contract every 11 months, this is usually discussed sporadically.
6. Mode of payment
Some landlords prefer post-dated cheques of a few months, if not the duration of the lease. The agreement should mention the amount to be paid and when it needs to be paid. Payments are usually made by cheque so that transactions are recorded and transparent. In case of a dispute, the owner cannot allege non-payment or late payment. The agreement should also mention the penalty payable in case of delays in the payment of rent.
7. Security deposit
There’s always a deposit to be paid. Usually, the deposit is two to six months’ rent. This money is security in the hands of the landlord. It ensures that the tenant doesn’t just leave without serving the notice period or cause damage to the property. Some owners may wish to deduct a certain sum when you want to move out. The proportion and under what circumstances the money can be deducted should be in the agreement.
8. Notice period
Both parties must serve a notice period. If the landlord wants to terminate the contract or you wish to do so, a notice period, usually of one month, needs to be served. Some agreements, however, may specify a longer time period.
9. Escalation clause
There’s usually a clause in the agreement that the rate will be revised upwards annually. A 5%-15% increase is normal, but this depends on the prevailing market rate in the place the property is located.
Leave and license agreement format
Source: Leave and License Agreement – Daman.nic.in
*Disclaimer – This legal form and document is for reference only. Any document that you enter into, should be in consultation with an Advocate or a Solicitor. The Government will not be responsible for any claim arising out of the use of the following document.
LEAVE AND LICENCE AGREEMENT
(To be executed while licencing premises)
This Agreement made at ——- this—– day of ——– between ———— (hereinafter referred to as ‘licensor’) of one part and ——— (hereinafter referred to as ‘licensee’) of the other part;
Whereas the licensor is seized and possessed of or otherwise entitled to the premises at ____________________________(Full Address) (referred hereto as the ‘licensed premises’)
Whereas the licensor has requested the licensee to allow him to use and occupy the licensed premises as licensee and the licensor has agreed to allow the licensee to use the premises as bare licensee and to occupy the same without any right, title, interest or claim in the licensed premises or to any right or interest of the licensor in the licensed premises.
And whereas the licensor has sufficient interest, right or title in the licensed premises and to permit and allow the licensee to use and occupy the licensed premises as bare licensee in his personal capacity for use by him of the licensed premises for residential purposes.
And whereas the licensee is desirous of and represent that, the use and occupation of the licensed premises by him, shall be in his personal right and shall be under a mere permission as licensee by the licensor and shall not amount to claim any right.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS LICENSOR AND LICENSEE HERETO AS FOLLOWS :
- This leave and license shall commence from the date of the Agreement and shall remain effective for a period _____months/ years from this date.
- The licensor and licensee agree that the licensee shall use and occupy the premises under the permission of the licensor and shall not have or claim any tenancy or any other right, title, interest in the premises and shall always be construed as permissive user as license only.
- The licensee shall deposit Rs. ——– and keep deposited the said amount as security deposit /money advance / money to be advanced for the due observance and performance of this Agreement with and to the licensor.
- The licensee shall pay to the licensor the license fee of Rs. _____(in words rupees________________) per month/per year, during the aforesaid period of Leave and License Agreement.
- The licensee during the subsistence of this present agreement shall pay all outgoing expenses, and charges including for repairs, electricity and water charges for electric and water consumption.
- The licensee shall cease to use and occupy the licensed premises and hand over licensed premises without demur, protest or objection to the licensor on expiry of the above period of _______month/years, from the date of executing this present Agreement for Leave and License.
- The licensee hereby agree and covenants with and to the licensor that the licensee under no circumstances whatsoever, transfer or assign in any manner, whatsoever benefit of this present to any other person and accepts and acknowledges that licensor has allowed licensee to use and occupy the licensed premises only and in no manner has granted any right interest in the licensed premises or any right to transfer or heritable right in respect of the licensed premises.
- The licensee shall use and occupy the licensed premises for purpose of —-_________only and in no manner cause nuisance, damage, disturbance, annoyance, inconvenience or interference to the occupiers of neighbouring premises.
- The licensee shall not use the licensed premises for any illegal or immoral purpose or carry out any activity or do anything, which constitute breach of any law.
- The licensee agrees and undertakes to the licensor to indemnify and to keep indemnified of any obligations, covenants, and conditions thereof.
All notices, communications shall be sent on following addresses –
Licensor Licensee
………………………….. ……………………………….
- The licensee on termination of the agreement or in case of breach of the conditions hereinabove shall hand over peaceful possession of the licensed premises to the licensor, in normal wear and tear condition.
IN WITNESS WHEREOF THE PARTIES HAVE SUBSCRIBED, SIGNED AND HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.
LICENSOR LICENSEE
WITNESS
1.
2.
Registration of agreement: Making a leave and licence agreement legally valid
In order to make a leave and license agreement legally valid, it is necessary to register it under the Registration Act, 1908.
- Once the leave and license agreement has been drafted, either the tenant or the property owner can take an appointment at the registrar’s or sub-registrar’s office.
- The owner and the licensee, along with two witnesses should be present.
- Photographs of all persons present and their signatures are recorded in the government database as well as attached to the agreement.
- The authorities examine that all the identity and address proofs are correct and the affixed photographs make it easier to trace any person who has signed.
- The local police station is informed of the leave and license and a copy is given to them.
- After the document is registered, stamp duty will also need to be paid.
Registration is creating a record of the agreement in the government database. In case of a dispute, only a registered agreement is admissible as evidence in court. Its authenticity is presumed unless proved otherwise, whereas a notarised agreement is inadmissible because it is very easy for either the owner or licensee to say that they have not signed it or claim the agreement is fake. This is not possible in the case of a registered agreement as the photos of the people signing are also put and recorded on the agreement and in the government database.
Registration protects both parties. It creates a record of the deposit paid. If the owner does not refund the deposit it would be difficult for the licensee to recover the money without the registered agreement. Similarly, the owner is protected by having the agreement registered as the licensee cannot exaggerate his rights. At the end of the term, if the licensee does not vacate the premises the owner can initiate legal proceedings and have the premises vacated.
The advantages of a leave and license agreement
A registered leave and license agreement protects both the landlord and the tenant of the property. The agreement also slightly favors the owner above the tenant, which is why it is preferred in rental agreements over a lease agreement. Here are some advantages of the leave and license agreement:
- Clearly sets the terms and conditions that both the owner and the tenant need to abide by.
- It makes eviction of the tenant easier as terms are set clearly in the agreement.
- These agreements give tenants permission to occupy the property but do not give them any rights to the property which protects the landlord’s asset.
- There are no property rights stated that favor the tenant and a transfer of interest occurs.
- The agreement is a record of the deposit paid which the tenant can use as proof in case the landlord refuses to refund the money.
The rent control act was first passed in 1948. It assumes first priority and is the most popular among tenancy laws in India. It spells out the terms and conditions through which the landlords can rent a property and tenants can avail the habitation rights. It is the most detailed among various rental laws in India. The agreement ensures that the rights of both the parties are preserved. Different types of States usually have different types of rent control acts but follow a uniformity in terms of various clauses.
As the 1948 rent act was the first of its kind, it was bound to have various lacunae. Various clauses of the act were very much in favor of tenants. The problem was that it acted as a major hurdle towards the growth of the real estate market.
Rental Agreement
Whenever the landlords decide to rent a residential building or a commercial property, it has to be guided by certain rules and regulations spelled out in the Rent Control Act.
The first important clause notes the need of an agreement between the parties clearly mentioning the terms and conditions therein. It needs to be noted at this point in time that the validity of the agreement can be in ambiguity if it is not in written format.
The written form of the agreement is essential because it takes into account all the changes and revisions. It is the written form that guarantees the authenticity of the agreement. Only a written agreement can be registered and enforced under law.
Hence, it is highly recommended to consult a legal practitioner who can note down the rights and duties of both the parties and formalize them into a written agreement.
Rights of a Tenant
The Rent Control Act guarantees equal rights to both the landlord as well as the tenant. Some of the important rights under this act are mentioned below:
It is important for the landlord to have sufficient cause to evict the tenant without any prior notice. There is a lot of variation in the rules of eviction of tenants in different states. In some of the states, the rules of eviction are tougher than the others. In some of the states, it is mandatory to acquire a court order to evict the tenant while in other states it is not.
The landlord cannot charge a very high amount of rent from the tenant under the rent agreement rules. The rent charged must be fair as well as competitive. It should be advantageous to both the landlord and the tenant. The value to be charged from the tenant should be equal to the market price of the property. If the tenant feels that he is being charged an amount in excess of the fair price, he can approach the court to redress his grievances.
Rights of a Landlord
The rights of the landlord are specifically mentioned in the Rent Control Act and some of the important rights are mentioned below:
- The first important right enjoyed by the landlord is to evict the tenant whenever he likes but the eviction should be on valid and reasonable grounds. The right to eviction is not a guaranteed right in some of the states. While it is easy to evict the tenant in some states, in others it is difficult. One of the reasonable grounds for eviction of a tenant is the proposal of the landlord to reserve the place for his own living.
- The second important right enjoyed by the landlord is to charge a reasonable rent from the tenant. It is highly likely that the qualitative aspect of the term reasonable may differ from state to state and as per various house rent rules in India. The situation is further compounded as there is no upper limit on the reasonable rent that has been fixed. It is in this context that a landlord needs to exercise this right carefully. It is expected that the landlord should not increase the rent exponentially but should limit himself to an increase of 5 to 8% year on year.
- The third important right enjoyed by the landlord is to repossess the property for a particular period of time if he feels that maintenance to the infrastructure is required. He can also initiate certain changes in the property but it is expected from him that he takes care of the residency as well as other rights of the tenant during the period.
Non-Applicability of the Rent Control Act
The rent Control Act is inapplicable in certain circumstances. These are briefly discussed below:
- Whenever the property is leased to a public or a private firm that has a paid-up capital of about 1 crore, the Rent Control Act ceases to apply.
- When the property is leased to public sector enterprises or entities like banks and corporations, the legislations pertaining to the Rent Control Act can’t be applied.
- Whenever the property is leased to foreign companies that have well established international operations, the Rent Control Act cannot be applied.
Features of the Rent Control Act
The aim of the rent control act is to regulate the increase in rentals and safeguard the rights of both the tenant and the landlord. Some the most important features of the rent Control Act are mention below:
- By virtue of the Rent Control Act, different laws have been legislated and these laws play a pivotal role in helping the tenant to identify a particular property for the purpose of accommodation.
- It is because of the Rent Control Act that a fair amount of control has been established on the rentals that are charged by the landlord while renting out a particular property to the tenant.
- By virtue of the Rent Control Act, the tenants enjoy the security aspect as they cannot be forcefully evicted by the landlord unless under extraordinary circumstances.
- In addition to this, the different clauses of the act highlight the rights, duties and obligations of both the landlord and the tenant thereby making the entire process of letting out a property very smooth and regulated.
The bottom line
This article aims to give a gist of the various features of the Rent Control Act and serves as a guiding document for landlords who want to let out a property as well as the tenants who want to accommodate that property.
It is essential for the landlords in India to enter into a formal agreement with their tenants before letting out a particular property. This agreement applies more to commercial properties as compared to residential ones. This agreement is given the name of a lease and is of different types like triple net lease, absolute net lease, modified gross lease and full service lease.
What is a lease
Lease is an agreement in which one of the contracting parties, that is the user, decides to pay a specific amount of rent to the owner for the use or occupancy of an asset. The most common type of assets that are leased include commercial buildings, properties and residential apartments.
By virtue of a lease agreement, the lessee obtains the right to use a particular asset or property but the ownership rights vest with the lessor. The lessee also agrees to pay a fair or proportional rent for a specific time in the form of monthly rentals.
The different types of conditions for the use of the property or asset are specified in the lease agreement. Both the parties agree to abide by the various clauses as well as the terms and conditions laid out on the lease agreement.
Types of leases
There are mainly four types of lease that include Triple net lease, Modified gross lease, Full-service lease and Absolute net lease. Other types include financial leases, apartment leases, conveyance type leases, leveraged and non-leveraged leases etc. The four main types of leases are briefly discussed below:
1. Types of leases: Triple net lease
Triple net lease is one of the most common types of lease when we look at commercial properties in India. This type is most preferred by landlords as it forms a highly lucrative stream of revenue generation for house lease. This type of lease agreement requires the tenant to pay some of the additional charges apart from the normal rent and the utility bills like water and electricity charge. These additional charges can include insurance maintenance and upgradation and even property tax.
Due to the high amount of monetary burden on the tenant, this type of lease agreement is mainly restricted to commercial properties that are into profitable business and can easily bear such expenses. This type of lease can be subdivided into three types, that is, single net lease, double net lease and triple net lease.
The first category, that is single net lease requires the tenant to pay only property tax. The second category, that is double net lease would also levy insurance charges on the tenant apart from the property tax. In the third category, that is, triple net lease, property tax and insurance would be compounded by maintenance charges that would be paid by the tenant.
2. Types of leases: Absolute net lease
The second type of lease, that is, absolute net lease, makes the tenant responsible for the structure of the building, in addition to paying the charges that are required in the triple net lease agreement. This means that he would be required to pay the property tax, insurance charges and maintenance charges for the building. Furthermore, he would be responsible for any sort of damage caused to the building structure during the time that he occupies the property. Another name of absolute net lease is bondable lease. This is called so because it makes the landlord free from all financial obligations and puts the entire amount of financial burden on the tenant.
However, the advantage of this agreement is that the corpus of monthly rent is relatively lower as compared to other agreements. This type of lease agreement is usually done when a landlord constructs a customized property taking into consideration the various demands and needs of the tenant. Usually, this type of lease agreement is entered into by businesses and other commercial entities.
3. Types of leases: Modified gross lease
The modified gross lease is different from triple net lease and absolute net lease because the burden of paying taxes, insurance charges as well as maintenance goes to the landlord rather than the tenant. The tenant is required to pay only utility bills. In addition to this, the responsibility of maintenance of the structure of the building also rests with the landlord.
These terms and conditions suggest that the clauses of the modified gross lease agreement are heavily bent towards the tenant as the majority of responsibility is shouldered by the landlord. However, the monthly compensation that needs to be paid to the landlord by the tenant is relatively higher as compared with other types of lease agreements.
This type of agreement is usually followed in different types of areas surrounding business and industrial centers where the population of tenants is relatively higher. As such, a large number of tenants may occupy the same property for residential purposes.
4. Types of leases: Full-service lease
Full service lease or the gross lease agreement is a type of agreement where the owner of the property or the landlord is required to pay various types of taxes, insurance charges as well as maintenance costs. Other types of utility bills like electricity charges, water supply charges, telephone charges and internet charges are usually paid by the tenant depending on the usage. The different types of commercial units that facilitate multiple tenants in the same property usually follow this type of lease agreement.
Advantages and disadvantages of all leases
Various types of advantages and disadvantages associated with leases are listed below:
1. Advantages
- The biggest advantage of leasing is that it ensures a sustainable source of income for the landlords. For the tenants, the advantage is that they don’t need to pay a one-time payment for buying the property as they can avail the same facilities of the property using monthly rentals.
- When businesses enter into a lease agreement, it saves them from the huge cost of purchasing a property and they can use this amount to build or invest in other types of quality assets and expand their business.
- Different types of tax benefits are associated with lease agreements that also allow the tenant as well as businesses to save money that can be invested in other ventures.
- The best thing associated with a lease agreement is that it remains constant over a lifetime with little fluctuations on account of inflation. This helps in better planning of cash outflows and also guarantees a healthy budgeting exercise.
- Leasing serves as an essential lifeline for businesses that have been newly established as well as startups that run on low upfront costs and are hesitant to invest in heavy capital infrastructure. Thus, leasing helps such businesses to thrive by means of low capital expenditure.
2. Disadvantages
- Although continuous rental payments listed out in the lease saves a business from upfront costs, the long term benefits are usually captured by the owner. For instance, it is the tenant who pays lease payments for a land but he gets no benefit of the appreciation in the market price of the piece of land.
- The process of documentation associated with a lease agreement is usually cumbersome and the clauses spelled out in the agreement are legal and technical, putting it out of common man’s parlance.
- The ownership rights continue to vest with the owner in spite of the fact that the lessee has made payments and contributed a major share of the asset.
- The burden for maintenance of the asset usually falls on the lessee although he pays a good sum to the owner. Moreover, various terms in the lease are in favor of the lessor rather than the lessee.
The bottom line
To conclude, lease has its own advantages as well as disadvantages. While it may serve as a prospective option for different individuals and businesses, others may look at it in a negative light. However, the survival and continuation of lease for several years suggests that it caters to a wide group of people who have benefited because of this option.
Whether you are moving out of your parent’s home, settling down in a new city or looking to move to a new area, renting a home in Karnataka requires a rent agreement and registration. While it’s not a complicated process, there are steps you need to be aware and wary of so that the process is smooth and neither party feels duped.
A registered rental agreement is an official legal document that clearly states the terms and conditions to be followed by both the landlord and the tenant. Read on to find out everything you need to know about rent agreement registration in Karnataka as you look for your new rental home.
Why is rent agreement registration important?
Registration is creating a record of the agreement in the government database. In case of a dispute, only a registered agreement is admissible as evidence in court. Its authenticity is presumed unless proved otherwise, whereas a notarised agreement is inadmissible because it is very easy for either the owner or licensee to say that they have not signed it or claim the agreement is fake. This is not possible in case of a registered agreement as the photos of the people signing are also put and recorded on the agreement and in the government database.
Registration protects both parties. Firstly, it creates a record of the deposit paid. If the owner does not refund the deposit it would be difficult for the tenant to recover the money without the registered agreement. Similarly, the owner is protected by having the agreement registered as the tenant cannot exaggerate his rights. At the end of the term, if the tenant does not vacate the premises the owner can initiate legal proceedings and have the premises vacated.
What is rent agreement registration in Karnataka?
A rent agreement that is registered is an official document that outlines the relationship between a landlord or property owner and a tenant (who will be renting out the property). In this rent agreement, all the mutually agreed upon terms and conditions will be stated. It has details of both parties (landlord and tenant) as well as the responsibilities and obligations that both have agreed to adhere to.
Here are some of the essential details that are required in rental agreements to be registered in Karnataka:
- Rent to be paid monthly
- Date of monthly rent payment
- Security deposit amount
- Time period of tenancy
- Date of which the agreement is effective
- Penalty clause if there is a delay in the rent payment
- Responsibilities towards damages and repairs
- Rules on making structural changes and sub-letting
- Full names and permanent addresses of both parties: landlord and tenant
- Details on what charges for electricity, telephone, internet, etc. need to be paid by the tenant
- Details on pets whether pets are allowed
- Lock-in period
- Clauses for lease termination and extension
- Terms for rent increase upon renewal
Once the rent agreement has been drafted, it is necessary that both the landlord and the tenant read it carefully before it is signed and registered. Getting a legal professional to go over the details may also be a good idea if you are not familiar with rent agreement registration in Karnataka. Only once everything has been understood and clauses have been checked should the agreement be signed and registered.
Rent agreement registration in Karnataka stamp duty
Stamp duty is a tax to be paid for legal documents to make them legally valid. This stamp duty for the rent agreement registration in Karnataka will depend on the duration for which the rent agreement is for as well as the annual rent. The maximum stamp duty in Karnataka is Rs. 500. There is a formula to calculate stamp duty so you can estimate what you need to pay by following it.
The formula to calculate stamp duty is as follows:
- An agreement of 10 years: 1% of annual rent
- An agreement of 10 to 20 years: 2% of annual rent
It is mandatory to register a lease agreement in Karnataka when the duration exceeds an 11 months term. Lease agreements under 11 months may or may not be officially registered.
What is the registration procedure for rent agreement registration in Karnataka?
In order to register your rent agreement in Karnataka, you need to follow certain the steps below:
Step 1: The rental agreement has to be drafted. Both parties (the landlord and the tenant) need to analyze and agree to the agreement. It is then printed on rent agreement stamp paper of Rs. 100, which can be obtained from a legal professional, the court or a stamp vendor.
Step 2: The landlord and the tenant will then sign all the pages of the agreement. The rent agreement stamp paper will also need to be signed.
Step 3: There needs to be two witnesses to the rent agreement. The details of these witnesses need to be mentioned as well as their ID proof document. Witnesses will also have to sign the rent agreement document. Witnesses cannot be members of the landlord’s or the tenant’s family. However, friends, colleagues and others are permitted as witnesses.
Step 4: All the documents required to register the rental agreement will have to be collected to be presented.
Step 5: The property that is being rented out will fall under a particular Sub-Registrar’s jurisdiction. Either the tenant or the property owner can take an appointment at the registrar’s or sub-registrar’s office. The owner and the licensee, along with two witnesses, are to be present.
Step 6: The landlord, tenant and witnesses will have to go to that Sub-Registrar office. Photographs of all persons present and their signatures are recorded in the government database as well as attached to the agreement. The authorities examine that all the identity and address proofs are correct and the affixed photographs make it easier to trace any person who has signed.
Step 7: The document will be attested and payment needs to be made according to the registration charges applicable in Karnataka. After this, the rent agreement registration in Karnataka is complete.
What are the documents required for rent agreement registration in Karnataka?
If you are registering the rent agreement in the Sub-Registrar’s office, you will require a set of documents that will need to be attached and presented for registration. These are listed below:
- Government ID proofs of the landlord and tenant. These could be Aadhar Cards, driving licences, voter ID cards or passports.
- Property ownership proof such as registry docket or municipal tax receipt.
- 2 passport-size photographs each of the landlord and the tenant.
- Two witnesses are required to be there to sign the agreement, along with their ID proof.
Terms to include in the draft of your rent agreement registration in Karnataka
Rent agreement registration in Karnataka is an important legal document, and that is why it is necessary to add a few essential terms that will mutually benefit the landlord and the tenant in case of a dispute.
1. Rent
The amount of rent that has to be paid each month needs to be included in the rent agreement. It should also mention the date during which the rent is due to be paid – for example, during the first week of the month. Any penalty for the tenant in case they default on paying the rent also needs to be added to the agreement. The mode of payment of the rent can also be included.
2. Security deposit
The rent agreement needs to state the amount of security deposit the tenant has given the landlord. To avoid future legal discord between the landlord and tenant, care needs to be taken to include all the details regarding the security deposit.
The landlord takes a security deposit to guard against the possibility of a tenant leaving without making the required payments. The rent agreement needs to specify when the landlord can make deductions from the security deposit and for what reasons.
The landlord is required to return the security deposit in a certain time period which should be in the agreement. It should also state the way in which it will be given back to the tenant once the lease ends.
3. Lock-In term
During the ‘lock-in period’, the landlord and the tenant cannot terminate the rental agreement. If the landlord or the tenant terminates the agreement within this time period, they will have to pay the rent for the remaining period.
4. Name of all tenants
The full names of all the adult tenants occupying the property need to be stated in the rent agreement. Signatures are also needed in the rent agreement. This is to ensure that all adult tenants of the house are accountable to follow the stated terms and conditions of the rent contract.
5. Occupancy limit
Occupancy limit refers to the maximum number of individuals who are allowed to reside in a property as tenants. This clause protects the landlord against too many people living on their property. For example, if the tenant sublets the home or moves in family or friends (who are not on the lease) permanently into the home, the landlord has the right to evict them with this clause.
6. Tenancy duration
The time period of the tenancy will be stated in the rent agreement. This tenancy duration can vary from months to years and depends on what has been discussed between the landlord and the tenant.
7. Repair and maintenance
There need to be clear outlines of the responsibilities of the landlord and the tenant regarding the upkeep and repairs of the home. The role of the landlord and tenant regarding the maintenance should be stated clearly in the agreement so that, if something is to break or get damaged, there is no hassle in deciding which party needs to take on the responsibility.
8. Electricity and water bills
The rental agreement has to state which party will make payments for the monthly water and electricity bills of the property. In some cases, the tenant is required to give the landlord receipts for the bills. If this is the case, it should be mentioned in the clause.
9. Pet policies
If a landlord wishes to not have pets on their property, they need to mention it in a clause in the rent agreement. Whether or not pets are allowed in a residence is a big deal for pet-owning renters so this should be discussed with all potential renters beforehand.
10. Other restrictions
If there are any other restrictions that the landlord has regarding the property they are renting out, they should be stated in the rent agreement. This can be with regard to subletting, illegal activities, the use of parking spaces, and the amount of access the landlord has to the property.