• Renewal of rent agreement on change of owner

We have purchased an industrial property in UP, there is a tenant running his industry for about an year.
We, both want to renew the existing rent agreement for the remaining period at all the existing terms and conditions. We want proper duly registered agreement. The existing rent agreement is also properly registered, with payment of stamp duty of substantial amount.
Since stamp duty has already been paid we want to save on it on renewal and registration of the agreement.
Asked 2 months ago in Property Law
Religion: Hindu

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11 Answers

Earlier agreement should be terminated 

 

fresh lease agreement has to be entered into 

 

it is better to pay stamp duty and registration charges 

Ajay Sethi
Advocate, Mumbai
97267 Answers
7856 Consultations

since duly registered rent agreement is already in existence hence there is no need for another rent agreement which is otherwise not legally permitted and involves legal implications. you should opt for attornment in respect of existing tenant and rent agreement which has same effect and is cost effective also. 

Siddharth Srivastava
Advocate, Delhi
1425 Answers

Buyer of a Rented Property becomes Landlord to Tenant in Occupation automatically.  Read Karnataka HC Judgment:

Second Appeal No. 650 of 2011 (RES) decided on 23 May 2023.

Yashpal Singh Dehiya
Advocate, Sonipat
6 Answers

If the owner is changed the agreement needs to be changed as a fresh agreement with new owner will have to be executed 

Prashant Nayak
Advocate, Mumbai
32693 Answers
208 Consultations

As you have become the new owner, a fresh rental agreement has to be executed between you and the tenant. The existing agreement cannot be modified legally.

Swaminathan Neelakantan
Advocate, Coimbatore
2938 Answers
20 Consultations

Execute a fresh rental agreement between the new owner and tenant to ensure legal validity. Since the existing registered agreement cannot be simply modified, a new agreement will formalize the ownership change.

Shubham Goyal
Advocate, Delhi
352 Answers

- Since, you have purchased that property , then you should send a notice to the tenant for attorn you as the landlord of the tenanted premises. 

- If you will serve a notice to the said tenant , then there is not requirement for entering into a fresh rent agreement with the said tenant if that agreement is not expired. 

- However, you can enter into a fresh agreement with the tenant after the termination of the existing agreement , and you can register the same after paying stamp duty , and the said stamp cannot be adjusted herein. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

When the ownership of a property changes during a rental agreement, the tenant's status depends on the terms of the agreement and whether the tenant needs to sign a new agreement with the new owner:

If the agreement allows for termination when the landlord transfers the tenancy, the tenant may not need to sign a new agreement.

f the agreement doesn't allow for termination, the tenant may need to sign a new agreement with the new owner. The new agreement should state that the new owner will agree to the same terms and conditions as the original agreement. 

If the tenant has a valid lease agreement in place, the new owner is generally obligated to honor the terms and conditions specified in the agreement until its expiration. Tenant's rights as a tenant, including the right to occupy the property, remain protected during the lease period.

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

Dear Client,

In the Present Scenario, you have purchased an industrial property in UP, and there is a tenant who is running his industry for about an year. You want to renew the existing rent agreement for the remaining period at all the existing terms and conditions. Further, you want a proper and duly registered agreement. Though the present agreement is also properly registered, with payment of stamp duty of substantial amount, since the stamp duty has already been paid, you want to save the same on renewal and registration of the agreement. Herein, firstly, you may execute a renewal, referencing on the present terms and conditions, that incurs less stamp duty if there are no changes on the rent period. However, this must be properly executed and registered for ensuring authorization and validity, and thus, save the stamp duty costs, in comparison to drafting a new agreement.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

The terms of the existing rent agreement needs to be perused in order to give you advice, whether a fresh agreement is required or not.

 

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

if you wish to continue with the tenant on the same terms and conditions as in the existing agreement and if there is balance period remaining under the present agreement then there is no need to do a new agreement merely on change of ownership 

you simply step into the shoes of the former owner 

you only have to inform the tenant about the change of ownership and that he has to henceforth pay the license fee to you

Yusuf Rampurawala
Advocate, Mumbai
7722 Answers
79 Consultations

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