Defective agreement
8 months ago
I am a owner of a flat which i gave it to a company on a rental contract.the company in turn entered into a contract with a client of theirs for a lease,the tenant or lessee paid the lease amount to a employee of the company (who is an authorized signitory ) and not to the company .Is this a valid agreement /contract and is this enforcable
A.Dear client,
In general, sub-letting is not allowed. But if you have an agreement, please go through it for terms and conditions on sub-letting. If you do not have agreement, then sub-letting is not possible.
By virtue of Section 108(j) of Transfer of Property Act (contained in chapter V dealing with leases of immovable property), in the absence of a contract to the contrary tenant is at complete liberty to sublet the whole or part of the tenanted property.
In general, sub-letting is not allowed. But if you have an agreement, please go through it for terms and conditions on sub-letting. If you do not have agreement, then sub-letting is not possible.
By virtue of Section 108(j) of Transfer of Property Act (contained in chapter V dealing with leases of immovable property), in the absence of a contract to the contrary tenant is at complete liberty to sublet the whole or part of the tenanted property.
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A.Dear Client,
Usually, a tenant cannot sublet or sublease let-out premises to others without the consent of the owner of the property and if such a prohibitory clause appears in your rent agreement, then subleasing of said rented premises by your tenant is termed as a breach of contract which makes the subsequent agreement entered by your tenant with other invalid and unenforceable.
Usually, a tenant cannot sublet or sublease let-out premises to others without the consent of the owner of the property and if such a prohibitory clause appears in your rent agreement, then subleasing of said rented premises by your tenant is termed as a breach of contract which makes the subsequent agreement entered by your tenant with other invalid and unenforceable.
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A.Dear Client
To know and tell whether its a valid agreement or no we will have to go through the complete agreement. If that arrangement is agreed for in the agreement then yes it is valid.
To know and tell whether its a valid agreement or no we will have to go through the complete agreement. If that arrangement is agreed for in the agreement then yes it is valid.
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