Agreement to Lease House with special reference to Rent Control Act by Shiva.

No. 19

Agreement to Lease House with special reference to
Rent Control Act

AN AGREEMENT made this the . . . . . . . . . . . . ., day of . . . . . . , 20. . . ., BETWEEN A. B., aged about . . . . . . . . years, son of . . . . . . . . . . . . . . . ., resident of . . . . . . . . . . . . ., (hereinafter called the ‘‘Landlord’’) of the one part AND C. D., a firm registered under the Indian Partnership Act, through one of its partners, Shri . . . . . . . . ., son of . . . . . . . . . . . . , resident of . . . . . . . . . . . . ., (hereinafter called the ‘‘Prospective Tenant’’) of the other part.

WHEREAS the said A. B. is owner in possession of the house property (here add the description of the property) and is willing to rent the same on a lease for a definite period and C. D. are desirous of taking the same on a lease.

NOW THIS DEED WITNESSES:

1. That the Landlord shall lease and the Prospective Tenant shall take on lease all that double-storeyed dwelling-house with compound, outhouses, garden, garage and all appurtenances belonging thereto, fitted with electricity and water connection and affronting the. . . . . . . .Road bearing number. . . . . . .on the said road in the city of. . . . . . . .and bounded as below.

(Here give the boundaries of the dwelling-house)

2. That the Prospective Tenant has offered to pay a rent of Rupees . . . . . . . . (Rs . . . . . . .) only each month in advance, which said consideration the Landlord is willing and agreeable to accept as such AND the Prospective Tenant has also this day paid to the Landlord rent for the period of . . . . to . . , which sum the Landlord hereby acknowledges as having received.

3. That it is further covenanted between the parties that the house will be occupied on the following conditions:

(a)   All existing taxes shall be paid by the Landlord, but all increased or additional taxes, if and when levied, shall be paid by the Tenant.

(b)   That the Tenant shall make no material alteration of a permanent character. All material alterations, if approved by the Landlord, shall be made by the Tenant at his expense and on such terms as may be imposed by the Landlord. All alterations, additions, etc., by whomsoever made, shall in the absence of a contract to the contrary, become the property of the Landlord and the tenant shall not be entitled to any compensation therefor.

(c)   That the tenant shall carry out all necessary and annual whitewashing and repairs in a workmanlike and proper manner and shall keep the premises, outhouses, garden compound and garage in good and tenantable condition. The Landlord shall, however, make a contribution towards such repairs etc., to the extent of one month’s rent during one completed year of the tenant’s occupation.

(d)   That the period of the lease to begin with shall be five years from the date the Prospective Tenant is allotted the premises by the Authority concerned.

(e)   That at the end of five years the Tenant shall give up quiet and peaceful vacant possession of the entire property leased out in as good a condition as he had received it. In case no fresh lease is signed on the expiry or earlier termination of the lease the occupation of the Tenant thereafter shall be deemed to be unauthorised and he shall be liable to damages for use and occupation at the rate of Rs . . . . .per day for each day of his such occupation.

(f)   That a breach of any one or more of the conditions of the lease entitle the Landlord to terminate the tenancy by giving the Tenant a notice to quit as provided in the Transfer of Property Act.

4. That as soon as the present occupant of the premises hereby agreed to be let vacates, the Prospective Tenant shall be entitled to enforce this contract, provided the Rent Control Authorities permit the parties to do so. That on an allotment of the premises to the Prospective Tenant, the said Prospective Tenant shall get a lease deed in terms of this contract made out, executed and registered at his cost.

5. That if the Rent Control Authorities refuse to allot the premises to the Prospective Tenant, this agreement shall stand cancelled and give rise to no contractual liabilities as between the parties AND in such case but no other the Landlord shall forthwith refund to the Prospective Tenant the sum of Rs . . . . . . deposited by him and referred to in para 2, above.

IN WITNESS whereof the parties have hereunto set their hands and seals the day and year above-written.

Witnesses:                                                                                                                                Sd. A. B.

1.                                                                                                                                             Landlord.

2.                                                                                                                                             Sd. C. D.

Prospective Tenant.

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