Leave and licence agreement, premises with services

AGREEMENT OF LEAVE AND LICENCE

THIS AGREEMENT OF LEAVE AND LICENCE is made at [Place where the Agreement is made] on this [Day of the month the Agreement is made] day of [month, year].

Between

[Name of the licensor], [son / daughter / wife of [name], aged about [ ] years / a company incorporated under the Companies Act 2013 having Corporate Identity Number [CIN]], having [his residence / its registered office] at [Licensor's full address], holding Permanent Account Number [Licensor's PAN], hereinafter referred to as “the Licensor” (which expression shall, unless repugnant to the context, include his heirs, executors, administrators and permitted assigns) of the ONE PART;

And

[Name of the licensee], [description as above], having [his residence / its registered office] at [Licensee's full address], holding Permanent Account Number [Licensee's PAN] and Goods and Services Tax Identification Number [GSTIN], hereinafter referred to as “the Licensee” (which expression shall, unless repugnant to the context, include its successors and permitted assigns) of the OTHER PART.

The Licensor and the Licensee are hereinafter collectively referred to as “the Parties” and individually as “a Party”.

Whereas

1. The Licensor is the absolute owner of and is in exclusive legal possession of all that premises more particularly described in the Schedule hereunder written (“the said Premises”), having acquired the same under [description of the title document, its date and registration particulars].

2. The Licensor occupies, operates and manages the said Premises and provides therein the security, housekeeping, reception, power, air conditioning and other services described in Part B of the Schedule, and intends to continue to do so.

3. The Licensee has represented that it requires the use of a part of the said Premises, more particularly described in Part A of the Schedule and shown hatched in red on the plan annexed as Annexure I (“the Licensed Area”), for the limited purpose stated in clause 3, and has requested the Licensor to grant it a leave and licence to do so.

4. The Licensor has agreed to permit the Licensee to use the Licensed Area on a bare licence basis, without parting with legal possession of the said Premises or of any part of it and without creating any tenancy, sub-tenancy, lease, easement or any right, title or interest whatsoever in the said Premises in favour of the Licensee, upon the terms recorded below.

Now this agreement witnesseth as follows

1. Grant of licence. The Licensor hereby grants to the Licensee a bare, personal and revocable licence to enter upon and use the Licensed Area, together with the right to use in common with the Licensor and its other licensees the entrance, lobby, staircase, lifts, corridors and toilets of the said Premises, for the term and for the purpose stated below. This Agreement is and shall be construed as a licence within the meaning of section 52 of the Indian Easements Act 1882 and nothing in it shall be construed as a demise or transfer of any right to enjoy the said Premises or any part of it.

2. Possession retained by the Licensor. The legal possession, control and juridical occupation of the whole of the said Premises, including the Licensed Area, is and shall at all times remain with the Licensor. The Licensee shall have the use of the Licensed Area only during the hours stated in clause 4 and only in the manner permitted by this Agreement, and shall not at any time be entitled to exclusive possession of the Licensed Area or of any part of the said Premises.

3. Purpose. The Licensee shall use the Licensed Area solely for [the office administrative work of the Licensee / the display and sale of [description of goods] / the operation of [ ] workstations] and for no other purpose whatsoever. The Licensee shall not carry on in the Licensed Area any activity which is unlawful, hazardous, noisy, offensive or contrary to the rules of the building or of any authority, and shall not store any inflammable or prohibited material.

4. Term and hours of access. This licence shall commence on [Licence start date] and shall, unless sooner revoked or terminated in accordance with this Agreement, expire by efflux of time on [Licence end date], being a period of [eleven / thirty-three / fifty-nine] months, without any further act of the Parties and without any notice. The Licensee shall have access to the Licensed Area between [Licensee's access hours] on [Licensee's access days], and at other times only with the prior written permission of the Licensor. No tenancy, and no right of any nature other than the licence expressly granted, shall arise by reason of the Licensee’s use of the Licensed Area for any period whatsoever.