All about drafting a lease agreement

The general principles governing the drafting of a lease are no different from drafting any other contract. Therefore, like any other contract, a lease, too, will have certain distinct portions, such as title of the agreement; place and date; introductory clause, which provides the description of the parties; recitals; testatum and testimonium. Lease additionally also…

Enjoyment of peaceful tenancy a right

Section 108A(c) of the Transfer of Property Act, provides the covenant quite enjoyment of leased property by the lessee, provided there is no contract to the contrary between the lessor and the lessee and the lessee has been performing all his obligations, including payment of rent. In other words, peace is an overriding prerogative of…

Why is leasehold not the same as lease?

The term ‘leasehold’ bears a different connotation from the word ‘lease’, as we ordinarily understand and use these terms. Lease of an immovable property is a transfer of a right to enjoy such property, express or implied, in consideration of rent paid or promised to be paid. Leasehold, on the other hand, generally connotes a…