LEAVE AND LICENCE AGREEMENT — Standard
FREE SAMPLE AGREEMENT — NOT EXECUTION-READY. This is agreement-style educational wording prepared with blank fields, not a certified legal form. Do not sign without checking the facts, applicable legal classification and registration/stamping obligations. [BRACKETED FIELDS] are intentionally incomplete; no real party details are shown.
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LEAVE AND LICENCE AGREEMENT
This LEAVE AND LICENCE AGREEMENT is made and executed at [PLACE OF EXECUTION] on [DATE OF EXECUTION].
BETWEEN
[FULL NAME OF LICENSOR], [LEGAL CAPACITY / OWNER AUTHORITY], residing at [SERVICE ADDRESS], hereinafter referred to as the “LICENSOR” of the FIRST PART;
AND
[FULL NAME OF LICENSEE], residing at [SERVICE ADDRESS], hereinafter referred to as the “LICENSEE” of the SECOND PART.
WHEREAS the LICENSOR represents having lawful authority over the premises described in Schedule A (the “Licensed Premises”), subject to independent title and authority checks;
AND WHEREAS the LICENSEE has requested permission to use the Licensed Premises for [RESIDENTIAL USE] on the terms and conditions set out below;
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
TERMS AND CONDITIONS
1. Grant and limited purpose
The LICENSOR permits the LICENSEE, subject to applicable law, to use the Licensed Premises for residential occupation by the LICENSEE and the persons expressly identified in Schedule B. This permission is personal, non-transferable and conditional on the terms stated here. The legal character of the arrangement will be determined by the substance of the arrangement and applicable law, not by its heading alone.
2. Term and commencement
The agreed period shall commence on [COMMENCEMENT DATE] and end on [EXPIRY DATE], unless lawfully renewed or terminated earlier. The parties shall state the actual date of physical handover separately in the handover record. No duration is automatically exempt from stamping or registration requirements.
3. Interpretation and identified premises
“Licensed Premises” means only the property accurately described in Schedule A, together with specifically listed fixtures and access permissions. All floor, area, house number, boundary, parking and title/authority details must match the underlying records. “Licensor” and “Licensee” have the capacities stated in the parties section; no assignment or inheritance of a personal licence is implied contrary to law.
4. Licensor authority and disclosures
The LICENSOR declares that the LICENSOR has lawful authority to grant the intended use and shall furnish the proof identified in Schedule D. Existing restrictions, lender, society or third-party consents, pending material disputes and prior occupation rights are to be disclosed before execution. This model does not independently verify ownership.
5. Possession, keys and inventory
The LICENSOR shall provide the agreed usable premises and keys on [HANDOVER DATE]. The parties shall jointly sign Annexure A confirming fixtures, furniture, appliance condition, photographs, meter readings and keys. For furnished premises, damage claims must be measured against the annexed condition report and reasonable wear and tear.
6. Payment schedule, receipts and adjustments
The first payment, recurring fee, refundable deposit and any optional service charges shall be stated separately in Schedule C. No amount shall be described as received unless actually confirmed. Late-payment charges, if any, require agreement and legal assessment for reasonableness; the model deliberately sets no daily penalty.
7. Licence fee and payment
The monthly licence fee is Rs. [AMOUNT IN FIGURES] (Rupees [AMOUNT IN WORDS] only), payable by [PAYMENT METHOD] on or before [DUE DAY] of each calendar month to the account separately confirmed by the LICENSOR. Payment shall be evidenced by a receipt or banking reference.
8. Refundable security deposit
The LICENSEE shall pay a refundable security deposit of Rs. [DEPOSIT AMOUNT] (Rupees [AMOUNT IN WORDS] only). Within [AGREED NUMBER] days after lawful handover, the LICENSOR shall provide a written reconciliation and return the balance after deductions supported by bills, damage evidence and applicable law. Ordinary wear and tear shall not be treated as damage.
9. Permitted use and occupants
The premises shall be used for [RESIDENTIAL PURPOSE] only, subject to law and approved society rules. The authorized occupants are recorded in Schedule B without displaying identity document numbers in a public template. Any material change of use or occupancy requires lawful written consent where applicable.
10. Utilities, maintenance and taxes
The LICENSEE shall pay [SPECIFIED UTILITIES AND AGREED CHARGES] based on actual bills or clearly agreed rates. The LICENSOR shall remain responsible for [OWNER CHARGES / PROPERTY TAX] as agreed and as required by law. Allocation of society dues and maintenance must be recorded item by item in Schedule C.
11. Repairs and condition
The LICENSEE shall take reasonable care of the premises and inventory, notify the LICENSOR of material defects, and return the premises subject to ordinary wear and tear. Responsibility for major repairs and damage caused by a party shall follow applicable law and the agreed Schedule C.
12. Alterations, transfer and inspections
The LICENSEE shall not make structural alterations, transfer the permission or allow unauthorized commercial use without lawful prior written permission. Inspection by the LICENSOR shall occur on reasonable prior notice except where immediate access is legally justified for an emergency.
13. Lock-in and early exit — optional, subject to legal review
If the parties select a lock-in period, they shall record its exact dates and a proportionate, legally permissible early-exit consequence in Schedule C. A blanket claim for all future fees or automatic forfeiture of security deposit is NOT incorporated by default. Any damages remain subject to applicable law and actual circumstances.
14. Guests, family members and reasonable rules
Any guest-notification arrangement shall be clear, proportionate and consistent with privacy, safety and lawful occupation rights. The premises shall not be used for illegal activity or unauthorized commercial operations. The parties shall maintain applicable housing-society permissions, if needed.
15. Repair responsibilities and essential services
The party responsible for a repair shall be determined by the cause, agreed schedule and mandatory law. The LICENSOR shall not unlawfully withhold essential supplies or services. The LICENSEE shall promptly report structural, electrical, plumbing or safety defects and avoid creating additional damage.
16. Access and peaceful use
Routine inspection or repairs shall normally require reasonable prior notice and timing, except a genuine emergency where lawful urgent access is necessary. Neither party may use inspection, locks or service disconnection as a substitute for lawful dispute resolution.
17. Material breach, notice and cure
The party alleging breach shall describe it in a dated written notice delivered through an agreed method. Where lawful, the other party shall have [CURE PERIOD] to resolve the issue. Termination and recovery of premises shall proceed only under applicable law and through a competent legal process; no self-help eviction is authorized.
18. Deposit reconciliation and damage evidence
Within [DEPOSIT RETURN PERIOD] of lawful handover, the LICENSOR shall provide a breakdown of unpaid agreed dues, utility bills, missing listed assets and repairs beyond ordinary wear and tear, supported by relevant evidence. Uncontested balance shall be returned through the agreed traceable channel. The parties may record a disagreement without conceding it.
19. Renewal and changes
Any renewal, fee revision, addition or variation shall be recorded in writing before the relevant expiry or effective date, subject to mandatory law. Prior wording shall be preserved for comparison. No renewal is automatically assumed, and unilateral discretion cannot displace statutory rights.
20. Cancellation and expiry
Either party may request termination by [AGREED NOTICE PERIOD] written notice subject to any applicable mandatory legal provisions. Non-payment, misuse or breach shall be dealt with through lawful notice and remedies. Nothing here authorizes forcible or immediate eviction without lawful process.
21. Handover and settlement
At expiry or lawful termination, the parties shall record key return, meter readings, inventory condition, outstanding sums and any agreed deductions in a signed handover statement. Any compensation for overstay must be a legally permissible and substantiated amount, not an automatic punitive sum.
22. Disputes and governing law
The applicable Indian and Uttar Pradesh law shall govern where relevant. The competent forum shall be determined by the actual location, nature of legal relationship and mandatory statutory jurisdiction. No clause may exclude a remedy that the law makes available.
23. Execution, stamp and registration
The parties shall determine the correct nature of the instrument and any required stamp duty, registration, identification and witness formalities using the current rules of the competent authority. Signing this sample or an electronic copy alone does not fulfill mandatory registration. The names and signatures below are placeholders only.
24. Notices and document records
The parties shall separately complete verified service addresses and permitted channels in Schedule D. Notice delivery, acknowledgement, and change of address procedures must be recorded. Identity numbers and sensitive details should not be printed unnecessarily or placed into public Ask ISKC.
25. Compliance, stamp duty and registration
Before actual execution, determine whether the arrangement is legally a licence, lease or tenancy, and apply the correct current law, instrument classification, stamp duty, registration and authority-filing requirements. The parties may allocate actual government charges as permitted by law but this example does not set a statutory fee cap.
26. Disputes, non-waiver and severability
The parties may first attempt written settlement without preventing access to applicable authorities, courts, tribunals or other mandatory mechanisms. If a term conflicts with mandatory law, that law controls; the remainder may continue only to the extent legally supportable.
IN WITNESS WHEREOF
The parties, after independent verification and lawful completion of this draft, may execute the final instrument in the manner required by law. The lines below are sample placeholders, not signatures.
LICENSOR: [NAME / SIGNATURE / DATE]
LICENSEE: [NAME / SIGNATURE / DATE]
WITNESSES (where required)
Witness 1: [NAME AND SIGNATURE]
Witness 2: [NAME AND SIGNATURE]
SCHEDULES AND ANNEXURE A
- Schedule A — Premises: [FULL PROPERTY ADDRESS]; [UNIT / HOUSE / PLOT]; [AREA AND MEASUREMENT BASIS]; [BOUNDARIES]; [PARKING / COMMON AREA RIGHTS IF ANY].
- Schedule B — Approved occupants: [NAMES OR CAPACITIES, AS LAWFULLY NECESSARY]; no Aadhaar/PAN or personal IDs in this public sample.
- Schedule C — Fees and charges: [MONTHLY FEE]; [FIRST PAYMENT]; [REFUNDABLE DEPOSIT]; [PAYMENT DATE]; [UTILITIES]; [MAINTENANCE]; [LEGAL COST ALLOCATION]; [OPTIONAL REVIEWED LOCK-IN].
- Schedule D — Verified records and notices: [LICENSOR AUTHORITY PROOF]; [REQUIRED SOCIETY APPROVAL]; [CONTACT/NOTICE METHODS]; [EFFECTIVE DATES].
- Annexure A — Handover and furnished-property inventory: [ITEM DESCRIPTION]; [QUANTITY]; [CONDITION]; [PHOTOGRAPH REFERENCE]; [METER READING]; [NUMBER OF KEYS]; [DATE]; [BOTH PARTIES’ ACKNOWLEDGEMENTS].
Legal verification before actual use
Check whether the arrangement is in substance a licence or tenancy, which UP rules apply, the actual lawful handling of notice and repossession, and the correct stamp/registration process. Do not assume the title or an 11-month term determines legal classification. Punitive automatic charges and self-help eviction terms are not included as universal model clauses.
No private party names, addresses, identity numbers or bank details are included.
Official sources
- Indian Easements Act, 1882 (licences, sections 52–64)
- Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 — check applicability
- UP Stamp & Registration Department
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