Leave and Licence Agreement Rights - citizen guide 2026

Ravi gave his Pune flat to a working professional on an 11-month leave and licence agreement, then panicked when a friend said “you can never get a tenant out.” He could relax. A licensee is not a tenant, and the law that lets a licence end is far simpler than rent-control eviction.

A leave and licence agreement is a written permission allowing a person, the licensee, to occupy and use a property for a fixed period in return for a fee, while the owner keeps legal possession. It creates no interest or estate in the property, which is what separates it from a tenancy.

Two 1882 statutes draw the line.

A licence is defined in Section 52 of the Indian Easements Act 1882: a right granted to do or continue to do something in or upon another person's immovable property, which does not amount to an easement or an interest in the property. The licensee gets permission to use the premises, but legal possession stays with the owner.

A lease (tenancy) is defined in Section 105 of the Transfer of Property Act 1882: a transfer of the right to enjoy the property for a certain time in return for rent or a premium. A lease transfers an interest in the property and normally gives the tenant exclusive possession.

The Supreme Court set out the classic test in Associated Hotels of India Ltd v R N Kapoor, AIR 1959 SC 1262. The substance of the document matters more than its label. If the document creates an interest in the property it is a lease; if it only permits use while legal possession stays with the owner, it is a licence. Where a party gets exclusive possession, the court will, prima facie, treat the person as a tenant unless other circumstances negative that intention. So calling a deed a “licence” does not make it one if it actually hands over exclusive possession.

In Maharashtra, leave and licence is the standard residential arrangement. Section 55 of the Maharashtra Rent Control Act 1999 requires that any leave and licence or letting agreement be in writing and registered under the Registration Act 1908. An unregistered agreement is hard to enforce, and in a dispute the licensee's account of the terms can be treated as correct, so registration protects the owner.

The Model Tenancy Act 2021, circulated by the Ministry of Housing and Urban Affairs, is a model law only. Because land and tenancy are State subjects, States are free to adopt it and only a few have done so. It is not in force across India, so always check your own State's rent and tenancy law.

1. Read your agreement for the licence period, the notice clause and the renewal terms.
2. Wait for the licence period to expire, or trigger the agreed notice clause if it allows early termination.
3. Serve a clear written notice to the licensee asking them to vacate by a stated date, keeping proof of delivery.
4. If the licensee leaves, take peaceful handover, return the deposit after lawful deductions and record the date.
5. If the licensee overstays, do not use force or cut utilities. Seek possession through the proper legal route, which in many cases is faster than rent-control eviction because no tenancy exists.
6. In States with a competent authority for licence disputes, file before that authority; elsewhere take the civil route a lawyer advises.

• The signed leave and licence agreement, and its registration receipt if registered.
• The notice to vacate and proof it was delivered.
• Deposit receipts and the deduction or refund statement.
• Identity and address proof of the licensee taken at the start.
• Any police intimation filed about the occupant, where local rules require it.

• Granting exclusive possession in a document called a licence. Under the Associated Hotels test this can be read as a lease and pull you into rent-control eviction.
• Skipping registration where it is mandatory, such as Maharashtra under Section 55 of the Rent Control Act 1999.
• Using self-help eviction, like changing locks or cutting water and power. This is illegal and can expose the owner to a complaint.
• Letting a short licence run on for years, which can blur the licence-versus-tenancy line.
• Not keeping written proof of the notice to vacate.

A tenant under a lease has an interest in the property, usually exclusive possession, and strong protection under rent-control law, which often makes eviction slow and ground-based. A licensee has only permission to use the property; legal possession stays with the owner, the licence can be ended on its terms, and a licensee cannot claim the tenant's rent-control protections. A licensee still cannot be thrown out by force or by cutting utilities. The right way to remove an overstaying licensee is through proper legal process.

If your registered leave and licence agreement is misplaced, or you want the registration procedure and fee details, the Sub-Registrar office is a public authority and you can use the Right to Information Act 2005 to get records about your own document or about the office's procedure. Keep the request to your own agreement or to general procedure and fee records. Asking for someone else's private agreement can be refused as personal information under Section 8 1 j of the RTI Act.

To
The Public Information Officer
Office of the Sub-Registrar
[District / Sub-District name]

Subject: Information under the Right to Information Act, 2005

Sir/Madam,

Under Section 6(1) of the RTI Act, 2005, please provide:

1. A certified copy of the registered leave and licence
   agreement registered in my name [Document No. ____ ,
   Year ____ , as the executant/licensor].
2. The prescribed procedure and the current fees for
   obtaining a certified copy of a registered document.
3. The name and designation of the officer who deals with
   certified-copy applications.

I am the executant of this document, so it is my own record.
I enclose the application fee as prescribed. If any part is
held by another office under Section 6(3), kindly transfer
that part and inform me.

Please supply the information within 30 days under
Section 7(1). If it is refused or delayed, I will use my
right of first appeal under Section 19(1).

Name:
Address:
Phone / Email:
Date and Signature:

If a reply is late or unsatisfactory, you can build a first appeal in minutes with the First Appeal Builder.

No. Rent is paid under a lease that transfers an interest in the property. A leave and licence fee is paid for permission to use the property while the owner keeps legal possession.

A licence can be ended by notice on its agreed terms, but the owner cannot use force, change locks or cut utilities. If the licensee overstays, possession must be sought through the proper legal forum.

Because a licence creates no interest in the property and the owner keeps legal possession, it is not protected by rent-control eviction rules the way a tenancy under Section 105 of the Transfer of Property Act often is.

No. Under Associated Hotels of India Ltd v R N Kapoor, courts look at substance over label. If the document gives exclusive possession and an interest in the property, it can be treated as a lease whatever it is called.

It depends on the State. In Maharashtra, Section 55 of the Maharashtra Rent Control Act 1999 requires a written and registered agreement. Check your own State law, and register to protect your position in any dispute.

No. It is a model law circulated by the central government. Land and tenancy are State subjects, so States are free to adopt it and only a few have. Always check your State's rent and tenancy law.

Yes. The Sub-Registrar office is a public authority. You can ask under the RTI Act 2005 for a certified copy of your own registered document and for the certified-copy procedure and fees.

• Section 52, The Indian Easements Act 1882, indiacode.nic.in and indiankanoon.org
• Section 105, The Transfer of Property Act 1882, indiacode.nic.in and indiankanoon.org
• Associated Hotels of India Ltd v R N Kapoor, AIR 1959 SC 1262, Supreme Court of India
• Section 55, The Maharashtra Rent Control Act 1999, indiankanoon.org
• Model Tenancy Act 2021, Ministry of Housing and Urban Affairs, mohua.gov.in
• The Right to Information Act 2005

• The RTI Act 2005 explained
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