As per Section 2 of the Land Act, a lease is the grant with or without consideration by the proprietor of the land of the right to exclusive possession and includes the instrument granting it and the sub lease granting it but does not include an agreement to lease.

Can one renew a lease?

The lessor has a right of reversion after expiry of the time granted.

What are the requirements of a lease?

There must be :

i)Exclusive possession

ii)Defined areas

iii)Certainty of duration

Must a lease be registered?

If it exceeds five years, it must be registered

What is an underlease?

It is a lease that anticipates the existence of a head lessor.The under lessor is hence an indirect tenant of the head lessor.

What are the implied covenants of a lessor?

As per Section 65 of the Land Act, they are:

i)Quiet enjoyment of the property

ii)Non-derogation of the property where the lessor occupies the adjacent property.

iii)Duty to repair

iv)Fitness for habitation, this must be maintained consistently

v)Suspension of rent where the property is destroyed by an Act of GOD and the repairs have not been completed in six months. The leasee can terminate the lease by giving a one month’s notice.

iv)Fitness for purpose. The leasee can terminate the lease by giving a one month’s notice if not fit for purpose.

vi)Pay all rates and taxes due and any outgoings.

What are the implied covenants of a lease?

They include:

i)To pay rent on time and in the manner specified .

ii)To use the land in a sustainable manner and in accordance with the lease conditions.

iii)To return the land tin the same condition as was given.

iv)To keep all boundary markers in repair.

v)To keep all buildings in a reasonable state of repair.

What is a license?

It is the permission given by the proprietor allowing the licensee to do some act in that land which would otherwise be considered trespass but does not include an easement or profits a pendre. In a license, the licensee is not entitled to exclusive use and has no interest in the land but can exclude the whole world other than the licenser. A licensee cannot transfer or assign the said property.

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