Regarding Lease Agreement
4 years ago
I am the owner of a premises. A big company representative had inspected our premises and confirmed to take our premises on Rent for office. After telephonic negotiatiton by a senior officer the Rent, Security advance, Lockin period of 12 months, yearly increment was finalised. Duly signed ( by me) stamp paper Agreement ( two identical sets, one for owner & one for company) was couriered to company address with name and designation of the person representing company mentioned as the Lessee ( as instructed by email to me by the company). After one month of waiting after confirmation, the company representative who has officially negotiated and confirmed has emailed that their Management has taken decision to close their Bangalore branch and not to interested to take premises for Rent. I DO NOT HAVE AGREEMENT SIGNED BY COMPANY REP. ( lessee)
I had deactivated my paid advertisement in Magic bricks , Removed TO-LET banner and sent back a few prospective tenants since the deal was over pending formalities of signing of Agreement by Lessee just before COVID commencement. I have several email correspondences as follow up to them to close the pending issue of Agreement signature. Now COVID issues is still on. The chances of getting a Tenant now in the near future is bleak.
Am I entitled for compensation since lock in period of 12 months was accepted? Signed agreement copy was courired to them as per their instructions? What is the extent of compensation I can claim? Is it only paid advertisement cost of Magic Bricks, Lease Agreement drafting charges and some compensation for not honouring their commitment.
Please guide me..
Gurman Chahal
Responded 4 years ago
Your advertisement post the deferment would help you in claim but only if there is a written acknowledgment from there end.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
I suggest you look for a new tenant and once you have a tenant in place, send out a legal notice to pay all the damages and due rent for the period ( need to calculate from the date of proposed occupancy by the defaulter and position taken by the new tenant).
The E-mail/s may consider as the expression of interest, confirmation and the same shall stand valid before the court.
You have a very good case you get the copy such agreement from other sources such as back up of Magic Bricks. You will get everything and they cannot go back from their commitment. Immediately get issue a legal notice and start litigation.
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