Lease and Tenancy Contract Examination
A lease or tenancy agreement locks in the legal rights and obligations of landlord and tenant for the duration of the tenancy. When entered into, its provisions control how much rent is paid how possession is maintained and how the relationship is terminated.
Advocate BK Singh will have your comments prepared in writing which will identify every issue of concern and recommend specific wording adjustments to bring fairness and clear understanding to the agreement prior to signing.
Line by line reading of duration rent and exit provisions.
Assessment of whether rights and duties are evenly shared.
Clear listing of one sided or incomplete clauses.
Reason Why Lease Or Tenancy Agreement Should Be Checked Before Signing
Often the parties take the lease document itself as a mundane task that needs to be done. However the lease agreement is the document that finalizes the rent amount the duration of stay the maintenance responsibilities and the penalties. Once agreed upon and signed these conditions become enforceable and costly to alter.
That is why Advocate BK Singh recommends an exhaustive review before signing. The lease is scrutinized not just for what it includes but also for what it doesn't say. Absence of renewal rights or favorable exit clauses or uneven penalty provisions become apparent when there is still an opportunity to negotiate.
Especially in Delhi NCR residential and commercial leases the standard documents that the owners and brokers work with tend to be biased towards one party. A thorough analysis with Advocate BK Singh will reveal those biases before you exchange the first rent cheque.
After all it is costly to live with an unjust or ambiguous lease agreement. Ensuring a comprehensive review is the sensible measure that will serve you and your tenant well into the future.
What Does the Lease and Tenancy Review Include?
We review the entire lease or tenancy agreement including the premises description the term and renewal options the rent and deposit provisions maintenance and repair responsibilities rules regarding use of the premises and termination and notice provisions.
Term rent responsibilities and exit options
The term and renewal provisions are reviewed for clarity of the initial lease term and how and under what conditions the relationship may be extended. Rent and deposit provisions are analyzed for clarity of the amounts due dates and how adjustments and refunds will be made.
Maintenance and repair responsibilities are clearly defined so that all parties are aware of their responsibilities and what they can expect from the other parties. Exit and termination provisions are paid special attention because they define how and when the parties can end the relationship.
Together they provide you with a clear understanding of the legal relationship created by the document and highlights areas that should be fixed or clarified.
Duration Renewal & Possession Review
BK Singh reviews the clauses setting out the term of the lease and how long the agreement will continue. Both sides should know how long they will be dealing with each other - so a fixed start date and a set initial term, with an easy to understand renewal provision is important.
Words like until further notice, continued occupancy at will or subject to further agreement are highlighted as they leave the duration of the deal open-ended. Fixed terms and break clauses are flagged up so each party is aware when they can and can't terminate the tenancy.
Possession clauses are reviewed for the state of the premises upon delivery and what protocols should be adhered to at commencement and termination. Inadequate possession clauses can often lead to arguments over fittings and condition.
Confirm the start date initial duration and any renewal mechanism.
Identify lock in periods break options and notice requirements.
Verify the condition and formalities for delivery and return of the premises.
Summary of Rent Deposit and Financial Requirements Review
The economics of the deal are reviewed. The rent amount, due date, method of payment and penalty for late payment are clarified so that there are no surprises on what is required from either side.
Security deposit terms are analyzed for the amount, conditions under which it can be deducted from, and time frame for return. Any blanket clause allowing retention of the deposit or right to withhold additional sums is identified as a significant concern.
Clauses allowing rent increases, service charges or other periodic payments are reviewed for transparency and a readily understandable calculation method. Uncapped or unilateral increases are highlighted for review before agreement.
Amount due date mode of payment and late payment consequences.
Amount conditions for deduction and refund timeline.
Method and frequency of any rent or charge increases.
Service charges utilities or other sums payable under the agreement.
Key Clauses - Allocation of Maintenance Repair and Use Restrictions
Responsibilities for maintenance and repair can often become contentious. BK Singh clearly identifies the clauses which impose responsibility for structural repairs, day-to-day maintenance and replacement of fittings so that all parties are aware of their responsibilities.
Clauses imposing restrictions on the use of the premises which limit the type of activity allowed or which prohibit alterations or improvements without consent are highlighted. Unduly wide restrictions which may impact normal enjoyment are brought to your attention.
The report also highlights if the tenant is required to insure or comply with society/building rules so these additional responsibilities are identified before you sign.
Termination and default clauses
BK Singh pays special attention to termination clauses and the consequences of default provisions. Both parties get cure periods if notice is served and know the financial obligations if termination is required before the end of the term.
Asymmetrical rights to terminate or payable damages are highlighted. Many lease agreements allow only the landlord to terminate or require larger damages from the tenant. BK Singh brings these up so you can negotiate from a position of strength before you sign.
Steps to provide proper notice and take possession from the tenant are reviewed. You don't want any ambiguity about how to exit the lease.
Understanding how to leave
After Advocate BK Singh reviews your lease agreement, you will understand how to terminate the agreement and what financial obligations you would face on early termination.
Documents/Documents and Information Relied Upon for the Review
Advocate BK Singh reviews the lease/tenancy agreement (draft or executed) and any schedule containing the description of the premises or the inventory or special conditions attached to the agreement. We work with what documents are supplied to us and highlight if any material schedule is missing or incomplete.
If the premises is part of a bigger building/society, we also consider the applicable building rules/society bye laws (if provided) to ensure we read the agreement in the correct context.
We do not independently verify the title of the landlord nor carry out a physical verification of the premises as part of our standard agreement review service. Unless specifically instructed and additional fees are paid for those services.
A thorough review of your lease/tenancy agreement by Advocate BK Singh ensures both parties have a fair and balanced understanding of what rights and obligations are being created by the agreement before they enter into.
Observed Deficiencies & Areas for Improvement
Every review has findings ranging from assured non-issues to Areas for Improvement. Ambiguous timeframes language unfair deposit conditions incomplete repair share or rigid termination Provisions are noted with a pragmatic description of their impact.
Advocate BK Singh notes the difference between defects that can be cured by merely tweaking the draft and matters that need another round of talks between the parties involved. This allows the client to figure out what they want to do next with ease.
If there was information about the property or the parties that we could not confirm due to lack of documents on file that limitation is mentioned so you know where the review left off.
Clauses that are well drafted and balanced.
Ambiguities or one sided provisions that should be revised.
Matters that could not be fully verified from the available papers.
Practical steps the parties may take to finalise a fair agreement.
Variations for Lease and Tenancy agreements
A flat Tenancy agreement, an Office Lease, a Shop Leave and Licence and a Warehouse or Industrial Lease all have their own unique drafting conventions and are subject to different laws. Advocate BK Singh tailors the Review to the agreement presented.
Residential agreements may focus on Deposit and Notice provisions. Commercial leases often have lengthy Repair, Insurance, Alteration provisions which are analysed in more detail. Leave and Licence agreements are checked for any terminology that may mistakenly imply a Lease.
The Review is limited to the agreement document and Schedules. Queries relating to Stamp duty registration requirements or Rent control matters are outside the scope of the Review unless specifically instructed.
- Residential Tenancy
- Duration deposit notice and basic maintenance terms for a dwelling.
- Commercial Office Lease
- Repair insurance alteration and service charge provisions for workspace.
- Shop or Retail Licence
- Use restrictions trading hours and limited permission language.
- Industrial or Warehouse
- Specialised repair access and operational clauses for larger premises.
Sample Review Meeting Observations
Advocate BK Singh compiles a standard form written memorandum capturing his observations as to duration and renewal rent and deposit maintenance and use termination and default provisions and any other substantive provisions reviewed.
The memorandum is formatted so that the client can easily identify which provisions are acceptable which should be fixed and what additional steps if any are recommended prior to execution.
The observations are based on the draft or executed agreement and any supporting documents received as of the review date. Any subsequent modification of the agreement would necessitate a re-review of the revised language.
Retain with the Agreement Papers
Keep the lease and tenancy review note prepared by Advocate BK Singh together with the final signed agreement for future reference and any question that may later arise about the terms.
Review Fees and Getting Started
Length of time and fees vary depending on the length and complexity of the agreement as well as how many annexures will need to be reviewed alongside it. A rough guide fee will be provided after scanning the lease/tenancy document. Engagements are typically completed within X working days of receiving the full draft. Advocate BK Singh approaches every engagement professionally.
What does the professional fee cover?
Review fees cover examination of lease duration, rent, maintenance, termination and other clauses as well as a written summary prepared by Advocate BK Singh.
How long does a typical review take?
Reviews are typically completed within X working days of receiving the full draft and all annexures.
What should I provide at the start?
Please provide us with a copy of the lease/tenancy document you wish to have reviewed. This can be an executed agreement or just the draft form. Include any schedules, inventory or special condition annexures.
How is the enquiry handled?
Once Property Verify India receives your review inquiry we will confirm the documents you have and the level of review you require. We will then provide you with a fee and timeframe before our team begins work.
Frequently asked questions
Why have a lease/tenancy agreement reviewed before you sign it?
If you sign an agreement, you will be bound by whatever terms and conditions are included, even if they are unbalanced or ambiguously drafted. Having it reviewed first enables problems to be identified before it is too late to negotiate.
What will Advocate BK Singh look for in the agreement?
Length of term, renewal terms (rent and deposit) maintenance and repair responsibilities use restrictions termination provisions and notices to quit any other clauses that will materially affect either party
Can you still get a review if the other party has already drafted the agreement?
Certainly. The review will cover the whole of the existing draft and list the points that require correction or clarification.
Do you need to provide anything in addition to the draft agreement?
The draft is the main item. Any schedules, inventory or special conditions on annexures allow a more thorough review.
Is negotiation with the other party included in the service?
The standard review service delivers a written report highlighting recommended changes. Should you require assistance in negotiating with the other party we can arrange for that service to be added.
What happens if the other party won't agree to amend any of the clauses?
he review will still leave you much better informed about the risks you are committing yourself to so you can make an educated decision about whether or not to enter into the agreement.
Will the review assist if a dispute arises later on?
Yes. A written summary of what was checked and what conclusions were reached can be used to demonstrate that you accepted the agreement on the basis that certain items were acceptable.
Can I use the review after the tenancy has started?
Yes. It becomes part of the permanent record of the agreement and can be used to clarify any terms should a question arise at a later date.
Your lease. Your clear terms.
Hire Advocate BK Singh to review your lease and tenancy agreement prior to execution.
Send the draft agreement for review and Advokte BK Singh will review all material provisions and provide you with written comments to safeguard your interests.