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Licence Rental Agreement for India

Licence Rental Agreement Template for India

A License Rental Agreement under Indian law is a legal document that grants permission to use a property for a specified period without creating any interest or easement in the property. This agreement is governed by Indian contract law, particularly the Indian Easements Act, 1882, and relevant state-specific property laws. It differs from a lease as it confers personal rights rather than proprietary rights, offering more flexibility in terms of termination and modification. The agreement details the terms of use, payment obligations, maintenance responsibilities, and operational guidelines while ensuring compliance with local municipal regulations and statutory requirements.

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What is a Licence Rental Agreement?

A License Rental Agreement is essential when parties wish to create a temporary right to use property without establishing a landlord-tenant relationship under Indian law. This document is particularly useful for flexible workspace arrangements, short-term commercial uses, or situations requiring quick termination rights. The agreement must comply with the Indian Easements Act, 1882, the Indian Contract Act, 1872, and relevant state property laws. It typically includes detailed provisions about the permitted use of the property, license fees, maintenance responsibilities, and termination rights. The document is structured to clearly distinguish itself from a lease agreement, emphasizing the personal nature of the right granted and avoiding the creation of any interest in the property.

What sections should be included in a Licence Rental Agreement?

1. Parties: Identifies and provides full details of the licensor and licensee, including registered addresses and company registration numbers if applicable

2. Background: Explains the context and purpose of the license rental arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Explicitly states the grant of license and distinguishes it from a lease/tenancy

5. Licensed Premises: Detailed description of the premises being licensed

6. Term and Renewal: Duration of the license and any renewal provisions

7. License Fee and Payment Terms: Amount, payment schedule, and payment methods

8. Security Deposit: Amount, terms of holding, and conditions for refund

9. Permitted Use: Specific purposes for which the premises may be used

10. Licensee's Obligations: Responsibilities and duties of the licensee

11. Licensor's Obligations: Responsibilities and duties of the licensor

12. Utilities and Maintenance: Responsibility for utilities, repairs, and maintenance

13. Insurance and Liability: Insurance requirements and allocation of risks

14. Termination: Grounds and procedure for termination

15. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction

16. Notices: Process and addresses for serving notices

17. Execution: Signature blocks and execution formalities

What sections are optional to include in a Licence Rental Agreement?

1. Fit-out Works: Include when licensee is permitted to carry out modifications or installations

2. Common Areas: Include when license includes use of shared facilities

3. Service Level Standards: Include when specific service levels are to be maintained

4. Assignment and Sublicensing: Include when transfer rights need to be explicitly addressed

5. Force Majeure: Include when specific events beyond parties' control need to be addressed

6. Environmental Compliance: Include for premises where environmental regulations are significant

7. Intellectual Property: Include when IP rights are involved in the licensed use

8. Confidentiality: Include when sensitive information will be shared

What schedules should be included in a Licence Rental Agreement?

1. Schedule 1 - Floor Plan: Detailed plan showing the licensed area

2. Schedule 2 - Inventory: List of furniture, fixtures, and equipment included

3. Schedule 3 - House Rules: Building regulations and operational guidelines

4. Schedule 4 - Service Charges: Breakdown of additional charges and utilities

5. Schedule 5 - Maintenance Schedule: Regular maintenance and cleaning responsibilities

6. Schedule 6 - Handover Form: Condition report for start and end of license

7. Schedule 7 - Permitted Alterations: Approved modifications or installations if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use

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