AGREEMENT FOR SUB-LEASE OF PREMISES WHERE THE ORIGINAL LANDLORD SHALL RECEIVE THE CONSIDERATION
THIS AGREEMENT is made on this ........ day of ............, 20………
BETWEEN
M/s ......................., a partnership firm having its registered office at ......................, Mumbai through its partners ........................... S/o Mr. ........................ herein after referred to as the Superior Landlord (which term shall include its successor, legal representatives and assigns) on the ONE PART;
AND
............................................, a company registered under the provisions of the Indian Companies Act, having its registered offices at ......................................... (hereinafter referred to as "Lessor" which expression shall include its successors in title, legal representatives, assigns, associates, affiliates, subsidiaries, and other authorized companies) of the SECOND PART;
AND
........................................, a Company registered in ......................... and having its registered office at ............................. (hereinafter referred to as "Lessee" which expression shall include its successors in title, legal representatives, assigns, associates, affiliates, subsidiaries and other authorized companies) of the THIRD PART.
WHEREAS the Superior Landlord had granted to Lessor by way of a lease of the Ist floor of the property bearing No. ................, situated at ................................, consisting of three bedrooms with attached bathrooms, study with attached bathroom, drawing-cum- dining room, lobby and kitchen (hereinafter referred to as "Demised Land") by way of a Lease Deed dated ........................ (Lease Deed") on terms and conditions mentioned therein;
AND WHEREAS now Lessor wants to assign the said lease to Lessee on same terms and conditions with effect from ......................... (Effective Date") and whereas the Superior Landlord has agreed for the same;
NOW, THEREFORE THIS AGREEMENT WITNESSETH AS UNDER
1. That it is expressly clarified that Lessee while agreeing to all conditions mentioned hereafter will utilize the Demised Premises for residential purposes for its representative Mr. ....................... and his immediate family only. Shri ........................... is further entitled to discharge his official duties from his residence. No other person or persons will be assigned this right during the term of this Agreement.
2. That the Superior Landlord being legally authorized to let out the Demised Premises hereby leases unto Lessee in substitution of Lessor with effect from ......................., the Demised Premises subject to covenants and conditions between the parties herein written.
3. That the lease shall initially be for a period commencing on ........................ and ending on .............................., and upon expiry of the said lease term the lease shall be extended for a further period of .................... months on the same terms and conditions but at an enhanced rent of ........................
4. That Lessee shall pay to the Superior Landlord a monthly rent for the Demised Premises @ Rs..... /- (Rupees ........ only) less applicable withholding tax from the Effective Date.
5. That Lessee shall also pay to the Superior Landlord an interest free security Deposit amounting to a sum of Rs.................... /- (Rupees ...................... only) ("Security Deposit") by way of monthly installments of Rs............................ (Rupees ..................... only) in six monthly installments, beginning ........................ and ending .......................... That the interest free security deposit of Rs. ............/- (Rupees .......... only) paid by Lessor under the Lease Deed shall be adjusted towards rental for the period beginning ......................... and ending ....................... for and on behalf of Lessor. That the Superior Landlord shall refund applicable withholding tax to Lessor simultaneously with receipt of installment towards Security Deposit by Lessee.
6. That Lessee shall pay to the Superior Landlord as advance deposit amounting to Rs. ............../- (Rupees ............................ only) ("Advance Deposit") less applicable withholding tax in six monthly installments, beginning .......... and ending ............. That the advance deposit of Rs. ............../- (Rupees .................................... only) paid by Lessor under the Lease Deed shall be adjusted towards rental for the period beginning ............ and ending ............ for and on behalf of Lessor.
7. That the Demised Premises shall be used by the representative of Lessee Shri ..................... for the exclusive purpose of his residence and members of his family, including stay of relatives and personal friends. However, if Shri .................. vacates the Demised Premises due to his transfer or if he ceases to be the employee of Lessee or its associate company (ies) for any reason the Demised Premises will revert to the Superior Landlord. However, at the discretion of the Superior Landlord this Agreement may be extended to another representative of Lessee but for not more than original stipulated period of the lease.
8. That in case Lessee desires to terminate the lease prior to the expiry of the initial period or the extended lease term, Lessee shall be entitled to do so after giving two months prior notice to the Superior Landlord in writing intimating its intention to do so and the lease shall terminate accordingly. The refund of the Security Deposit and any unadjusted Advance Deposit shall be simultaneous with delivery of possession of the Demised Premises and items as specified in Annex to this Agreement ("Items") by Lessee.
9. That it is further agreed that in the event the Superior Landlord fails to refund the Security Deposit and any unadjusted Advance Deposit remaining due to Lessee at the expiry of the initial lease term or the renewed lease term thereof Lessee shall have the right to retain possession of the Demised Premises and Items without incurring any further monetary obligations including payment of any rent and all the outgoing to the account of the Superior Landlord, till such time Lessee receives the entire Security Deposit and any unadjusted Advance Deposit.
10. That Lessee shall pay all the charges for telephone, and electricity (power and light) consumed in the Demised Premises from the date of signing of this Agreement till expiry of the term of this Agreement or until the earlier termination thereof under the provisions of Clause 7, 8 or 18 hereof levied by the authorities from time to time as per the readings and meters separately installed for the Demised Premises. Lessee shall however not be liable for the outgoing of any kind whatsoever for the period prior to the commencement date of this lease or after the expiry of the same.
11. That subject to Clause 7 above, Lessee shall not assign, sublet or grant license to use or part with the possession of the Demised Premises or any part thereof without the previous written consent of the Superior Landlord, provided that the Demised Premises are used by Lessee.
12. That Lessee shall at the time of occupation of the Demised Premises satisfy itself that all the sanitary, electrical and other fittings and fixtures are in perfect working condition and also no mirrors or glass panes are broken or missing.
13. That day to day repairs such as fuses, leakage of water taps, maintenance of fittings and fixtures, etc. shall be undertaken by Lessee at its own expenses but major repairs to the buildings such as leakages of roof and electricity wiring or bursting of water pipes or defective sewerage system or any major defects in the structure of the building will be the responsibility of the Superior Landlord. If the Superior Landlord does not attend to such major repairs as pointed out by Lessee in writing, within a reasonable time, then Lessee may get the repairs done and deduct the costs from the amount payable to the Superior Landlord under the Agreement.
14. That the Superior Landlord shall at all times during the period of the lease be responsible to keep the sewers, drains, water pipes, electric cables, wires and supply lines, in relation to the Demised Premises in order.
15. That the Superior Landlord shall be liable to maintain the upkeep and repair of the Items. In the event the Superior Landlord fails to attend to the repairs, as pointed out by Lessee in writing, within a reasonable time, then Lessee may get the repairs done and deduct the costs from the amount payable under the Agreement.
16. That the Items supplied herein shall always remain the property of the Superior Landlord.
17. That Lessee shall take reasonable care to see that Items supplied herein are not destroyed, stolen or removed and/or damaged and shall be liable to return the same to the Superior Landlord who if considered appropriate shall take out the insurance policy insuring the Items against theft or fire. Lessee will pay the premium for the same.
18. That Lessee will vacate the Demised Premises and hand over the vacant possession of the demised Premises and the possession of the Items peacefully to the Superior Landlord at the expiry of the initial lease term or the renewed lease term thereof or at the time of any earlier termination of the lease in terms of this Agreement provided the Superior Landlord has refunded the full Security Deposit and any unadjusted Advance Deposit to Lessee.
19. That Lessee shall not carry out any additions or alterations or structural changes of any nature whatsoever in the Demised premises without the written consent of the Superior Landlord. Lessee however shall have the right to install air conditioning units, coolers, exhaust fans and other electrical appliances and shall on the expiry of the lease Deed be entitled to remove all such units, appliances etc.
20. That the Superior Landlord and/or his authorized agents shall be within their rights to enter the Demised Premises after giving a prior written or verbal notice for inspection and repairs of the Demised Premises as and when required. Any such inspection and repairs would however be carried out in such a manner and within such timings so that a minimum inconvenience is caused to Lessee.
21. That the Superior Landlord shall pay all present and future corporation/ municipal rates, levies and all other taxes, cesses and charges levied by the Government and the local authorities as Owner of the Demised Premises. The Superior Landlord shall comply with all the laws, rules and regulations of the Government and the local authorities as an Owner would do.
22. That the Superior Landlord covenants with Lessee that Lessee paying the lease rent herein reserved and observing and performing the terms and conditions on Lessee’s part herein contained, Lessee shall be entitled to peaceful and quiet use of and enjoyment of the said Demised Premises during the period of the Agreement free from any interference or objections from the Superior Landlord.
23. That if at any time during the initial or the renewed period of the lease, the whole or any part of the Demised Premises is destroyed or damaged due to fire, storm, flood, earthquake, war riots, terrorists, act of government or any other irresistible force and the Demised Premises are rendered unusable or inaccessible due to such destruction or damage then the rent for the period the Demised Premises are unfit for the occupation shall abate.
Notwithstanding the above, upon happening of any such event as aforesaid, Lessee shall be entitled to terminate this Agreement without giving any notice and the Superior Landlord shall within two (2) months from such termination refund the entire Security Deposit to Lessee.
24. That Lessee shall on expiry of the lease Period, hand over the vacant possession of the Demised Premises to the Superior Landlord in good condition subject to normal wear and tear arising from the day to day use or from such causes as are beyond the control of the Lessee viz. fire, earthquake, floods etc.
25. That the Superior Landlord shall maintain adequate and satisfactory fire insurance for the Demised Premises including their electrical and sanitary fitting only, while if so desired by the Lessee, it may get its Items insured at its own expenses.
26. That if the Superior Landlord at any time during the period of this Lease Deed or the renewed period sells and/or transfers its rights in the whole or part(s) of the Demised Premises to any period or persons, then in that event, Lessee shall attorn to such transferee or transferees on the same terms and conditions as are contained herein. However, a letter shall be issued by the prospective new landlord in favour of the Lessee confirming that the terms herein agreed to, shall be binding on the new landlord and they will also acknowledge the Security Deposit paid by Lessee to the Superior Landlord whose benefit shall be transferred to the new landlord and all adjustments shall be in accordance with this lease.
27. That the Superior Landlord assures that it has absolute and unrestricted right to lease the Demised Premises to Lessee and execute this Agreement as per the terms and conditions contained herein and that it has complied with all the requisite compliance under the applicable statutory provisions. In the event of there being any defect or deficiency or inadequacy in the Superior Landlord's right to execute this Agreement and/or give on lease the Demised Premises, the Superior Landlord undertakes to indemnify Lessee against all consequences arising therefrom including damages, losses, costs, or any other claims and demands relating thereto.
28. That Superior Landlord hereby agrees to and undertakes to indemnify and save harmless Lessee, its officials(s), employee(s), agent(s), visitor(s)/ guest(s) in respect of any action or objection by any person or authority regarding the use and occupation of by Lessee of the Demised Premises and against any claims, demands, penalties, losses or damages, whatsoever that may be occasioned thereby or any hindrance or obstructions being caused in the quiet and peaceful enjoyment by Lessee of the Demised Premises.
29. That any notice required to be served upon Lessee shall be sufficiently served and given if delivered at the address first given above and duly acknowledged by Lessee.
That any notice which may be required to be served upon the Superior Landlord shall be sufficiently served and given if delivered by Registered A.D. Post or left at the residence of the Superior Landlord duly acknowledged by him.
30. That in the event of dispute, if any, the lease Deed is subject to jurisdiction of the Courts in Delhi/ New Delhi.
31. That the cost of stamp duty and registration charges in respect of this Agreement shall be borne and paid by Lessee and the original hereof shall be kept by the Superior Landlord AND the duplicate hereof shall be kept by Lessee and that at the time of the expiry of the lease Lessee shall hand over the vacant possession of the premises to the Superior Landlord with all the fittings and fixtures intact and in working order on receipt of full amount of Security Deposit and any unadjusted Advance Deposit .
IN WITNESS WHEREOF, the Parties to this Agreement have signed on the date mentioned above at New Delhi.
SUPERIOR LANDLORD
LESSOR
LESSEE
WITNESSES:
1.
2.
