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

Real Returns in Investing

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300 Real Returns in Investing     A Anil Singh (name changed), 44, works with a private company and believes in investing his entire savings in fixed deposits. His financials from the year 2000 till date is given in the table. Anil's savings in FDs gave him an average return of around 8%. The total amount saved over the 174 months (From January 2000 to June 2014) is Rs 49.80 lakh. The value of his investment today is around Rs 66.71 lakh. Naveen Singh (name changed), 44, works in a similar profile like Anil. However his expenses were on the higher side. His financials are as in the table. Naveen invested only in equities. The total amount saved over the 174 months (From January 2000 to June 2014) is Rs 38.40 lakh. The v...

Budget 2014 Highlights for Saving

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   The new finance minister Arun Jaitley has just presented his first budget. What measures does the budget contain that will specifically impact savers and investors? Here they are: 1. Housing loans exemption for self-occupied properties increased to Rs2 lakh: Earlier this amount was Rs1.5 lakhs. This move barely keeps pace with the inflation in asset values.   2. Investment limit under 80 (C) increased to Rs1.5 lakh: This is a good move again and offers some relief to taxpayers.   3. IT exemption increased to Rs2.5 lakh, Rs3 lakh for senior citizens. This comes as a minor relief for taxpayers.   4. Annual PPF ceiling to be enhanced to Rs1.5 lakh, from Rs1 lakh: This is in tune with the change in 80C.   5. Long term capital gains tax for debt funds has been rai...

ICICI Prudential MIP 25 - Invest Online

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   ICICI Prudential MIP 25     (CRISIL Rank 2)   This scheme was launched March 2004. Please see the chart below for the one, two, three and five years annualized returns from this scheme. The minimum investment in the scheme is Rs 5,000. The asset allocation of the portfolio is 24% equity, 72% debt and 4% cash equivalent and others. Please see the chart below for the monthly dividends declared by the scheme, on a per unit basis, over the last 5 years.   For further information contact Prajna Capital on 94 8300 8300 by leaving a missed call Leave a missed Call on 94 8300 8300 Leave your comment with mai...

Franklin India Smaller Companies Fund - Invest Online

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   Franklin India Smaller Companies Fund   While the universe of small-cap stocks in India is vast, there are very few equity funds which take on the task of sifting through this space for good long-term bets. Franklin India Smaller Companies Fund has managed this with aplomb. What we like about this fund is its significant out-performance of its category and benchmark over the last four years, and its ability to moderate portfolio risk despite investing in the riskiest segment of the equity market. This fund's stock selection strategy, like that of Franklin India Prima Fund is focused on finding companies that generate positive cash flows across business cycles. High return on investment and manageable leverage are also filtering criteria. Says R. Janakiraman, fund ma...

How to open a Capital Gains Account?

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   How to open a Capital Gains Account? You can open a capital gains account in an authorized bank. The Government has notified 28 banks which can open the Capital Gains Account on behalf of the Government. You have to apply for opening the account by filling out the required application form (Form A) and submit proof of address, PAN card and photograph. You cannot withdraw funds from a capital gains account using a cheque book or ATM, like you do in your normal savings bank account. There are procedures to be followed to withdraw funds from the capital gains account. Investment in Specified Bonds Section 54EC of Income Act provide that if the seller invests whole or part of capital gains arising from the sale of asset in specified Capital Gains, within a period of six months of the ...
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