Meaning and essentials of Lease
The lease is a kind of method of transmitting estate and the limitation is for a
specific term of duration. It is of the concept which involves the transmitted
interest in the land with the limitation of duration excluding the transmit of
title on that land. On this process, the privilege of custody is transmitted
rather than the privilege of holding the property. The person who transmits the
land is termed as lessor and the one to whom the land is transmitted is termed
as lessee with including the specific duration.
It must be noted that it is a
very general context that is utilized in with conduct of property or estates.
Therefore, if an individual is intent for sublet his apartment or his land then
the individual will choose for leasing it out. Unexpectedly, individuals skip
out on minor facets of a contract document or lease deed and it affects a
It would be sensible for a leaseholder and owner of the property to
be cautious of their privileges, obligations and responsibility so that they can
prevent any hurdle and can take benefit from a unified change where the
property-owner guards his benefits or interest and a renter acquires to enjoy
the land he lent.
Notion of LeaseSignificance
It essentially involves when an individual through the way of a deal or an
agreement expresses or leases his land to somebody including the specific term
of a period in exchange of a periodical reasonable remittance.
X rented his property to C with the period of 1 year for regular
remittance (period-wise) Rs. 15000 p.m.
The explanation of lease is mentioned under Sec.105 in the actand it includes
to provide rent of the permanent land to which its privileges are moved to
acquire the land, is only valid on the definite period, whether in the way of
express or implied.
This is to be noted that there are key words in the whole topic which
essentially covers the context of lease of permanent property and they are as
- The person who makes the transfer and who provides the right to acquire
the permanent property is known as ‘lessor
- The person who receives such right by the lessor to enjoy the permanent
property for a period of time is known as ‘lessee’.
- The ‘value’ made by the lessee to the lessor for acquiring a rent in the
permanent property is known as ‘Premium’.
- The amount or use that is provided is termed as ‘rent’.
Ingredients of legitimate Lease
As we are now familiar with the fact of about the meaning of lease and its
provision in the act. It is to be noted that further on the context of the
legitimacy of the lessor and lessee in lease the following essentials are
certain basic points that are required to be satisfied and that is:
On the Test of Capability:
On the context of capacity, owner of the land and rentee should qualify, for the
context to compose an agreement for the lease as there are few essentials that
need to be followed for a deed to be valid and for that competency they are
required to be:
- That for the valid lease, together lesser and lessee must have similar
interest towards entering into deed for the lease.
- That for the valid lease, the lessor should hold the ownership and power
to create and produce the lease.
- That for the valid lease, lessee should be above the age of majority.
Issue of the matter:
That the issue of the matter of the lease should be
permanent property, in the sense that the topic of the matter from which the
issue raised should be of permanent property.
That for a valid contract, there should involve an element with respect
to some payment pertained on it, if an agreement is produce excluding payment
of the rent then the lease is invalid according to law and the same will be recognised
as a gift to the lessee in the eyes of law.
That a rent agreement for a permanent property will be produced for the
term of 11m. If the period goes beyond a year that is 12m, or further then a
lease contract can only be produced by a listed instrument as according to S.107
of the TPA.
Providing of the contract and its acceptance:
That the lessor should provide the
agreement and the lessee should receive and approve the contract with no type of
unnecessary pressure, intimidation. As soon as lessee agrees to the contract,
the lease would turn out to be lawful and legitimate in the eyes of law.
Rights and Liabilities of Lessee
That every right is followed by some liabilities and restrictions for the one
enjoying the benefit out of it. On this context the rights and liabilities has
been delivered to the rentee and the owner of the land which are given to them
by the provisions of law that is TPA. The below mentioned points are in context
Rights of Lessee
- Cost for restoration:
As the property requires maintenance for the use of an individual & the
responsibility has been provided to the owner of the land to maintain the
land. In case, if lessor lacks to maintain or to restore any
material in the house which the lessor is necessarily to provide, in that
situation the lessee can fix such reparation by his own expenditures then, in
that situation, the privilege has been provide to the lessee to subtract such
cost of the expenses out of the rent/rentee can just ask the owner of the land
for the cost of those reparation
- Privilege of eliminating fittings and attachments:
That a privilege to
remove fittings or attachments of the permanent property has been granted to the
lessee. This is to be noted that only during his(lessee’s) period of time, he
(lessee) has the right to do so, though, after expiry the lease document the
lessee should leave the land in the previous situation it was before and if he
neglects to do so then the lessor have the right to go to court against him.
- Privilege to transfer his benefit:
That the lessee can completely shift
his benefit to the other person. Though, in the situation of rent document
limits rentee of giving it’s benefit on this contact, rentee is forbidden to act
like that and on same time after the shift of the rights this is to be noted
that the lessee will still be liable for all the liabilities associated to the
- Additional benefit:
That when the lessee is unsure about the time period,
then in that situation, the lessee or his lawful reps has been granted the
privilege to obtain enjoyment by receiving from all the crops grown-up by them.
Provisions: Mentioned under sec. 108(d) to 108(j) of TPA, 1982 are:
Sec. 108(d): That for the period of the ongoing time of lease if any accord is made then
the accession or space will be taken below such lease
Sec. 108 (e): That throughout the on-going period of rent, if the substantial portion of
the land demolished whole/partly by any means and it turns out to be forever
unsuitable for the utilize for which it is to be made, then it develops null
and void at the choice of the lessee. Though, in the situation of damage is
affected because of the defaulting commission of rentee,
then he cannot gain himself from the advantage of the requirement.
Sec. 108 (f): That throughout the on-going period of lease, if The lessor
evades to make any maintenances to the property which he has the duty to do on a
appropriate time even after notification, and if such maintenances is made by
the lessee himself, then he has a privilege to subtract such expenditures from
the rental or can recuperate from the lessor.
Sec. 108 (g): That if the owner of the land prevents making such sum of amount which an
owner of the land is required to produce and in the situation where the
amount is produced from the rentee/retrieved against property, then
the owner of the land have right to regain it from the lessor or can subtract it
Sec. 108 (h): That the person to whom the land is provided for rent, having a privilege to
eliminate all those stuffs which that person (rentee) has
affixed with the ground, also the condition is imposed on the rentee that person
has to leave the land in such a situation on the same way it was before when the
land is provided to him.
Sec. 108 (i): That on the situation of while a land is rented, is of such
period which is not stated otherwise, excluding the default of the owner of the
land, then the owner or it’s legal representative having a privilege of
collecting whole of the harvests which he has implanted, sown or increasing by
the lessee at the lease property and they are free to entrance and way out from
Section 108 (j): That the owner of the land obtaining a right to shift the land completely or
any element of his benefit by the way through mortgage. But by such
justification, a lessee cannot by any means-ends himself from the
obligations which are affixed to the rented property.
Liabilities of the LesseeExplanation:
Obligations to divulge relevant facts relating to property: That the
person to whom the land is provided for the land is obliged with the
responsibility of notifying the owner of the land, of all significant detail
which the rentee got to know about & at same time the owner of the land doesn't
know about it. On a situation where the owner of the land doesn't reveal
those details and the owner of the land undergoes with the damage then the
person to whom the land is provided for rent is obliged of providing
reimbursement to the owner of the land
Obligation of providing rental amount: That the lessee is obligated to
give the rental amount to the owner of the land or its lawful representative in
an appropriate period and appropriate location, according to the conditions
agreed in the rental document. On this situation where the person to whom the
land is provided for rent, is unable to proceed of providing the rental amount,
on this concerning situation the owner of the land can remove the person to
whom the land is provided for rent due to the reason of the reimbursement of
rent which the rentee doesn’t provided. Also, in this situation, lessor can
take action by filing a case against the lessee for debts of rental amount.
Obligation to preserve: That the one to whom the land is provided for
rent, is obliged with the duty concerning the preservation of the permanent land
in a decent situation similarity to that situation when the person was handed
control with respect to the house. The owner of the land or it’s legal
representative is permitted with the purpose of examine land on fair basis.
Merely an adjustments affected from the powerful pressures could be excluded
with the context of obligations.
Obligation to provide notification: That if the person to who such land
is provided for rent receives to find an information regarding that any
somebody attempted /attempting with the intention of harming privileges of the
owner of the land/ the tittle of the of the owner of the land is imperilled
concerning to this situation the one who to whom the land is provided for rent
should deliver the notification to the owner of the land.
Obligation for utilization the land in an adequate way: That the one to whom the land is provided for rent should utilize the land
with the feeling that the land in which he is living is his personal land.
Obligation of not to build or construct: That the obligation is provided to the lessee with no right to construct
anything concerning of a lasting nature in the land excluding the issue or
matter of farming without acceptance of the lessor.
Obligation to re-establish the control over the property: That
furthermore authorisation of the one to whom the house is provided for rent, he
should re-establish control the land to the owner of the property. In a
situation where the person to whom the land is provided for rent doesn’t leave
property also if the notification is terminated, the he is subsequently obliged
to reimburse of all losses.
Provisions- Liabilities with regards to the lessee towards the property or
against the lessor
Sec. 108 (k): That the one to whom the house is provided for rent. Is mandatory obliged to
to divulge whole relevant facts which result to raise concern or the
importance which lessee and the lessor is not known to
Sec. 108 (l): That the one to whom the house is provided for rent, is mandatory obliged to
reimburse the payment or the rental amount to the lessor or
his representative on a fair period.
Sec. 108 (m): That the one to whom the house is provided for rent, is mandatory obliged to
protect the land the appropriate situation and on the expiry of the lease
re-establish all such things in such a way as it was at the time when he was
Sec. 108 (n): That if lessee is known about the fact regarding to any proceeding’s
contrary to the land or any intrusion or any intervention is performed, then
lessee is under duty to give notification to the lessor
Sec. 108 (o): That lessee consuming the privilege to utilize the resources or properties
which are located in the land as a normal common sensed individual use it as
it his personal object but, he is under duty of not to utilize or authorize
any other individual to operate the land in any additional way or other then
the reason for the land is leased.
Sec. 108 (p): That lessee cannot without the accent of the lessor carried
out any form apart from the use for the farming objective.
By the above submission, the rights and liabilities of the lessee is crystal
clear. As we discussed it with the explanation in detail with provision, this is
to be noted that the role of lessor and lessee are important factor of the
concept of lease. Without the two, the lease is invalid in the eyes of law.
In the context of privileges and it’s obligations of the one who maintain such
custody during the particular period, it is clear that not only lessor but
lessee also holds significant privileges and obligation. From maintaining the
whole property with due care and without negligence too provide notification
regarding the harm if attempted by anyone to lessor, the lessee must inform
lessor about the same. This is a scenario which provides that how the role of
lessee affects the entire cycle of lease with its privileges and obligations.
- Section 105- TP Act, 1882
- 11 months
- Section 107 of the TP Act, 1882