Skip to main content

Long-term lease versus short-term ‘leave and licence’

Long-term lease versus short-term 'leave and licence' — a guide to renting out your commercial property

Investors in real estate, especially in commercial property, are always concerned about rentals. But there are a number of other factors they should look into.

To start with, they have to decide the period for which the property must be let out — a shorter term of three-five years or a longer duration of 20 years. "Most tenants prefer a short term lease. But some, such as banks, prefer longer duration terms," a real estate consultant says.

Determining the lease period is important, as this decides the legal protection you get. If the property is leased for up to five years, the agreement is termed as a 'leave and licence'.

Property experts say in case the tenant does not vacate the premises after the expiry of the term, he must pay you double the actual rent for any extra period. Also, you can approach the court and get an eviction order. Since the tenant is not protected by the Rent Control Act, he cannot contest the order. If he does not cooperate, you can approach the police and get the possession of your property within six months.

However, if the agreement period exceeds five years, it is termed as a 'lease'. In this case, the tenant is protected under the Rent Control Act. And, if he/she does not hand over the premises at the end of the term period, your only option is to seek a legal recourse. "You may face problems in getting back the property under a lease agreement. Legal proceedings are time-consuming and not feasible.

The stamp duty payable for registering your agreement would also be different in both circumstances. For instance, for a leave and licence agreement, it would depend on the sum of the annual rent and deposit.

The maximum duty payable will not exceed `50,000. In case of a lease agreement, it is linked to the market value (MV) of the property. So, for a five- to 10year lease, it would stand at 25 per cent of MV, and for a 10to 29-year lease, it would be as high as 50 per cent. "The difference in the stamp duty is quite large. Tenants prefer the leave and licence option as the duty is borne by them," says Mehta.

Legally, a short-term lease is amore viable option, but a long term lease comes with its own share of benefits. Tenants invest in the furniture and fittings of the place. They want to amortise these costs during the lease tenure. Therefore, a lease of say three years is not preferred.

For you, a long term lease will ensure your property does not stay vacant for even a day and you don't have to search for a new tenant after regular intervals. Also, a property with an ongoing lease is highly liquid. "The longer the lease, the better it is for a buyer. He can recover his/her capital faster," explains Mehta.

However, in such cases, the rent will be slightly lower than the market rate. Also, even after escalation (the revision in rent after a stipulated period), it may be lower than the existing rate.

Therefore, a middle path is advised. A nine-year lease with a lock-in of three years is the best. Just be sure to word it right. A lock-in is a period when the agreement is not revoked by either party. You can make a mention in the agreement that extensions will be effected through separate agreements after the lock-in. And, the stamp duty will be paid on the same. Or, make an agreement for three-five year period and sign a 'side letter' for the extension. The document is not legally binding, but it is a moral agreement between the two parties.

Tenure Advantages Disadvantages

Short-term (3-5 years) If tenant doesn't vacate premises after Process of searching for new tenant leave and licence term expiry, get property back in six can be cumbersome and costly agreement months by approaching authorities Stamp duty relatively lower, capped Can lose revenue if unable to find a at `50,000 tenant for longer durations Can plan to use property after Expensive to maintain vacant tenure ends property Long term Don't have to search for new tenants If tenant doesn't vacate premises (15-20 years) frequently after expiry of term, only option to lease agreement seek legal recourse No loss of revenue due to vacancy Stamp duty can be upto 50 per cent of property's market value Easy to sell off property with Rent lower than market rate ongoing lease

 

Popular posts from this blog

ICICI Pru Mutual Fund Dividend

ICICI Prudential Mutual Fund has announced dividend under the following schemes: Scheme Dividend ( Rs /unit) ICICI Pru Capital Protection Oriented Ser V Plan B-D 0.03611325 ICICI Pru Capital Protection Oriented Ser V Plan B Direct-D 0.03611325 ICICI Pru Balanced Advantage Direct-DM 0.06 The record date has been fixed as February 08, 2017. ------------------------------ ------ Invest Rs 1,50,000 and Save Tax upto Rs 46,350 under Section 80C. Get Great Returns by Investing in Best Performing ELSS Funds Top 4 Tax Saver Mutual Funds for 2017 - 2018 Best 4 ELSS Mutual Funds to invest in India for 2017 1. DSP BlackRock Tax Saver Fund 2. Invesco India Tax Plan 3. Tata India Tax Savings Fund 4. BNP Paribas Long Term Equity Fund Invest in Best Performing 2017 Tax Saver Mutual Funds Online Invest Best Tax Saver Mutual Funds Online Download Top Tax Saver Mutual Funds  Application Forms For further information contact  SaveTaxGetRich on 94 8300 8300 ------------------------------ ------ Leave y...

Hidden Bank Fees

  What Banks Hide From Customers Imagine after a peaceful and exciting holiday you receive your bank statement with steep charges. You then rush to your bank and start confronting staff members and to your dismay, you come to know that the high end debit card was charged very heavily. Wouldn't this cause damage to your finances? So remember, the world outside is full of deceptive and double cheating people. Unethical practices are always used by company sales person in order to meet the target. Credit card companies, mutual funds and bank institutions always play dirty tricks to lure customers and the practices are rampant. So here's how you should be careful while dealing with your banks: High End Debit Card Charges While opening an account with a bank you opt for a debit card with minimal charges. But later on when you upgrade your card and opt for high end debit card the annual charge rise by a good amount. Though such a card has slew of features but it all comes at a high ...

Partial withdrawal from PPF

  Public Provident Fund (PPF) account has a lock in period   If you opened a PPF account to meet your retirement needs,, think twice about withdrawing from this fund before retirement. But provided it's an emergency here are the rules. Public Provident Fund (PPF) account has a lock in period before which you cannot withdraw your money.   The partial withdrawal is allowed after the completion of 6 financial years . This means that you will be allowed a partial withdrawal from 1 April 2017. The maximum partial withdrawal allowed is the least of the following: 50 percent of the account balance at the end of fourth financial year, 31 March 15 50 percent of the account balance of the end of previous financial year, 31 March 17.   There's a loan option available on your PPF account between the fourth and the sixth financial year. You can obtain a loan of up to 25 per cent of the balance in your account. However, this will attract interest of 2 percent more than the prevailing ...

Updating a minor PAN card upon becoming adults

  Updating a minor's PAN card once they become adults A PAN card issued in the name of a minor does not contain the minor's photograph or signature, and therefore, cannot be used as a valid proof of identity. Once a minor PAN card holder turns 18, the relevant changes must be made in the PAN records. A new card is then issued bearing a photograph and signature. Application The applicant is required to fill up the "Request for new PAN card andor changes or correction in PAN data" form. The form can be filled up online by accessing NSDL's Tax Information Network website and clicking on the online PAN application tab. Information The applicant must mention the existing PAN number in the application and check the `photo mismatch' and `signature mismatch' boxes, and submit the online form. The form must also be printed out, signed by the applicant, and submitted along with two photographs. Documents Identity and address proof in the form of a copy of the app...

ICICI Prudential Value Fund Series I

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)   Performance of the scheme will be benchmarked to the S&P BSE 500 index ICICI Prudential Value Fund is a closeended equity scheme. The scheme will have tenure of three years (1095 days) from the date of allotment of units. Units of the scheme will be fully redeemed at the end of the maturity period, unless rolled over. NFO PERIOD:   The NFO is open from October 18 to 28. The minimum subscription during the NFO period is Rs 5,000. SCHEME OBJECTIVE:   The scheme aims to provide long-term capital growth by investing in a well-diversified portfolio of equity and equity-related securities. INVESTMENT STRATEGY:     The fund proposes to invest in stocks that are trading at a huge discount in the BSE 500 index and plans to book profit and distribute dividen...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now