I am not a legal professional. Therefore I am not competent to answer this question. However I can give my opinion which is based on my limited knowledge gathered by experience. I have given many premises for rent for both commercial as well as residential purposes. I also have filed a case in the City civil court (RCOP which means Rent control original petition) which is still pending against the tenant who is not vacating the premises.
In the case of commercial premises I sign the Let and leave licence agreement. In that agreement it is mentioned that I am in possession of the premises and I have one key of the premises. I have the right to go into the premieses and use the premises at anytime I want. Over and above myself the other party is there in that premises. I have legally permitted him to use the premises for the purposes mentioned in that agreement. The purpose may be to sell Ice cream or similar. There is no question of vacating the premises, OR evicting the tenant because I am always there. It is also mentioned that it is not a rental agreement. To get into that premises I do not need the permission of the other party. If he is not paying the license fee and delaying, I can simply use my key open the premises and keep all his things outside and lock it with a new lock.
Whereas such an agreement is not possible in the case of residential house. As the owner you need his (tenant's) permission to get into that premises. Therefore in my opinion Let and Leave license is not tenable (legally possible). It may be possible for short time say 1 month or 3 months which is called "Serviced Apartments". In serviced apartment the owner is in possission and he maintains it and he gives only one portion to the other party. When the other party goes out for shopping etc, he should hand over the key to the owner or his representative.
Therefore answer to your question is as follows
Originally Posted by fatguysmart
Kindly answer a basic query:
Is the licensee occupying a residential flat under Leave and License agreement a "tenant", especially if he stays for 3 years? And is Rent Control Act applicable? Which other acts are applicable? One I know of is Easements Act. Is there any other acts?
The licensee becomes the tenant once he gets inside the flat using the key handed over to him and you get out of the flat. He can interpret your "Leave and License agreement" as a Rental agreement and bring it within the scope and ambit of the Rent control Act. If the matter goes to the court of law, it is open to the Judge to consider this interpretation or to reject this interpretation.