Of licence and lease
Can a landlord lock one room while renting out his apartment? The answer depends on the terms of agreement listed at the time of lease or issue of licence TERMS OF AGREEMENT
When a person is granted the right to enjoy an immovable property, questions about whether such a person is a licensee or a lessee, arise. In legal terms, a licence is a personal right granted to a person without creating an interest in the property (ie permission to use land without granting exclusive possession), while in the case of a lease, there is a transfer of interest in immovable property.
Whether an instrument operates as a lease or as a licence is a matter not of words but of substance. The intention must be gathered on a true consideration of the agreement, and not merely from the description given by the parties. So, in a sense, the landlord needs to spell out the terms and conditions clearly, without giving room for doubt.
The determining factor, however, lies in whether the interest is created in the property along with the possession. If an interest is held in the property together with possession, then it is a lease. If it only gives the use of the property in a particular way on certain terms while it remains in the possession and control of the owner, it will only be a licence.
Thus, the determination of relationship between the landlord and tenant would be governed by the terms of the agreement as well as the manner in which it is followed and implemented. The terms have to be honoured, in practice, by both the tenant and the landlord, so as to maintain an amicable relationship.
As the landlord and tenant can determine the terms of their agreement, it would be open to the landlord to provide for locking of one room while renting out his apartment and in such a case, the landlord would have a good claim to contend that the agreement is in the nature of licence rather than lease. A licence is a personal right granted to a person without creating an interest in the property A lease involves a transfer of interest in immovable property The difference between a licence and a lease lies in whether the interest is created in the property along with the possession. If it does, then it is a lease If it only gives the use of the property in a particular way on certain terms while it remains in the possession and control of the owner, it will only be a licence The relationship between a landlord and tenant depends on the agreement and the implementation of the same It is upto the discretion of the landlord whether or not to lock a room while giving it on rent. It is also dictated by the nature of the agreement - lease or licence