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Create Rent Agreement NowTenants drafting a rent agreement for a tenancy period exceeding 11 months, need to get the rent agreement registered with the sub-registrar’s office. This is the singular reason for which most rent agreements in Gurgaon are drafted for an 11-month period.
Rent agreements with tenancy duration of 11 months qualify to be leave-and-licence agreements and not lease agreements. A tenant is not legally obliged to register such an agreement.
Under Section 17 of the Registration Act, 1908, annual registration of leases of immovable property, or for any term exceeding or reserving a yearly rent, is mandatory. A leave-and-license agreement is governed by the Indian Easement Act, 1882 and is different from a rental or lease agreement. Owing to the period involved, Section 17 of the Registration Act is not applicable on rent agreements drafted for 11 months.
Rent agreements under the provisions of The Indian Easements Act, 1882, have no validity under the rent control laws. This means, rent agreements of 11 months in Gurgaon will not be controlled under the provisions of the Haryana Urban Tenancy Act, 2018.