Understanding about lease and how it works

Know the pros and cons of leasing and the difference between mortgage and lease.
Understanding about lease and how it works
4 mins
2 Aug 2023

Leasing is a fundamental concept that serves as a contractual agreement between two parties to use an asset or property. In this article, we will explore what a lease is, how it works, alternatives to leasing, the pros and cons of leases, and how it differs from a mortgage.

What is a Leasehold Property?

A leasehold property is a type of real estate ownership where an individual (the leaseholder) holds the right to occupy and use a property for a specific period, as defined in a lease agreement. This ownership model contrasts with freehold properties, where the owner has outright ownership of both the land and the building on it. In a leasehold arrangement, the land itself is owned by a landlord or freeholder, and the leaseholder pays an annual ground rent for the right to use the property. The length of the lease can vary, typically ranging from 99 to 999 years.

When the lease term expires, ownership reverts to the freeholder unless the lease is renewed. Leasehold properties are common in many urban areas and often include flats or apartments within larger buildings. Leaseholders are typically responsible for the property’s upkeep, but they must adhere to the terms of the lease, which can impose restrictions on modifications or subletting. Understanding leasehold agreements is crucial for potential buyers, as the lease's length, terms, and any additional obligations can significantly impact the property's value and the owner's rights.

What is a lease

A lease is a legal contract that permits the lessee to use an asset or property owned by the lessor for a specified period. The lessee makes regular payments to the lessor for using the property. Leases are common in various sectors, including real estate.

How leases work

When entering into a lease agreement, the terms and conditions are carefully outlined defining the duration of the lease, rent or lease payments, and other specific terms that both parties must abide by.

Alternatives to a lease

While a lease can be beneficial in certain situations, it may not always be the most suitable option. If you are in urgent need of funds and own a property of value, instead of opting for a lease deal and giving away your access to the property, you can choose the following alternatives:

  1. Loan against property: Bajaj Finserv Loan Against Property is an alternative for property owners seeking funds while retaining complete ownership and access. This option can be ideal for those needing substantial financial assistance without losing access to the property owned.
  2. Renting: In cases where you need limited but fixed funds every month and have spare property to let, renting can be a viable alternative to leasing.

Pros and cons of leases

Leases come with their fair share of advantages and disadvantages. Here is a closer look at some key pros and cons:

Pros

Cons

Steady rental income

Limited control over property

Property appreciation potential

Dependence on reliable tenants

Tax benefits

Legal and regulatory responsibilities

Diversification of investment

Lease renewal negotiations and hassles

Additional income stream

Market fluctuations and rental rate changes


Leasing vs getting a loan against property

While both leases and loan against property involve agreements regarding property and payments, they are distinct in their nature:

Lease

Loan against property

Temporary agreement: Leases are typically short to medium term agreements, with the lessee using the property for a specified period.

Long-term agreement: Getting a loan against property involves long-term commitments, typically spanning 15 to 30 years.

No access: Once leased, you have very limited to no access to your property since the lessee has its occupation.

Complete access: While your property is kept as collateral, you still have access to it.

Property type: Leases are commonly associated with real estate, vehicles, or equipment.

Property type: Loan against property is usually availed of on residential and commercial property


In conclusion, a lease is a vital financial and contractual arrangement that allows individuals and businesses to access funds without ownership.

Alternatively, you can also choose to keep your residential or commercial property as collateral and get a Bajaj Finserv Loan Against Property, that offers attractive interest rates, and a higher loan amount. You can utilise the loan amount the fulfil your financial requirements.

Advantages of Leasehold Property

Leasehold properties offer several advantages that can make them attractive to buyers, particularly in urban areas where property prices are high. One of the primary benefits is lower upfront costs. Leasehold properties are often less expensive than freehold properties, making them accessible to first-time buyers or those looking to invest without committing large sums. This affordability can provide an opportunity for individuals to enter the housing market sooner.

Another advantage is the potential for a more manageable living arrangement, particularly in multi-unit dwellings. Leaseholders typically benefit from shared maintenance responsibilities, as the freeholder or management company often handles the upkeep of communal areas. This arrangement can lead to a lower overall maintenance burden for leaseholders.

Additionally, leasehold properties often come with added amenities, such as security, landscaping, and recreational facilities, which might be prohibitively expensive for individual homeowners. Lastly, leaseholders may enjoy more flexibility when it comes to renting out their property, especially in sought-after locations, allowing them to generate income through subletting. Overall, leasehold properties can offer a viable option for those looking for affordability and convenience in urban living.

Disclaimer

1. Bajaj Finance Limited (“BFL”) is a Non-Banking Finance Company (NBFC) and Prepaid Payment Instrument Issuer offering financial services viz., loans, deposits, Bajaj Pay Wallet, Bajaj Pay UPI, bill payments and third-party wealth management products. The details mentioned in the respective product/ service document shall prevail in case of any inconsistency with respect to the information referring to BFL products and services on this page.

2. All other information, such as, the images, facts, statistics etc. (“information”) that are in addition to the details mentioned in the BFL’s product/ service document and which are being displayed on this page only depicts the summary of the information sourced from the public domain. The said information is neither owned by BFL nor it is to the exclusive knowledge of BFL. There may be inadvertent inaccuracies or typographical errors or delays in updating the said information. Hence, users are advised to independently exercise diligence by verifying complete information, including by consulting experts, if any. Users shall be the sole owner of the decision taken, if any, about suitability of the same.

Frequently Asked Questions

Is lease and rent the same thing?

A lease involves entering a contract with the lessee to use an asset or property for an extended duration. On the other hand, rent entails an agreement with the tenant to use an asset or property for a specific period. Generally, leasing contracts are signed for the long term.

What happens if you break a lease?

Breaking a lease typically incurs penalties, such as paying the remaining rent or losing the security deposit. Legal consequences may vary based on local laws and the lease terms.

Is it safe to buy Leasehold Property in India?

Buying leasehold property in India can be safe, but it requires careful consideration. Prospective buyers should thoroughly review the lease agreement, ensuring that it includes clear terms regarding the duration, renewal options, and any restrictions on the use of the property. It's also essential to check the reputation of the freeholder and any potential legal disputes. Additionally, conducting a title search can help verify ownership and confirm that the lease is valid. While leasehold properties can be a good investment, buyers should remain aware of market trends, lease length, and associated costs to make informed decisions.

What is an ideal tenure of a leasehold property?

The ideal tenure of a leasehold property can vary depending on individual circumstances, but a common standard in India is between 99 to 999 years. A longer lease term provides more security and stability for the leaseholder, allowing for peace of mind regarding future ownership and usage. Properties with shorter leases (under 30 years) can be less desirable, as they may diminish in value over time and become harder to sell. It’s crucial to consider personal plans and the property’s purpose when choosing a lease duration. Consulting with real estate professionals can also provide valuable insights into ideal lease terms.

Can the owner change the rent of leasehold property?

In a leasehold arrangement, the ability to change the rent typically depends on the terms set forth in the lease agreement. Most leases specify the ground rent amount and any conditions for adjustments, which may include periodic increases or adjustments based on inflation or market rates. If the lease includes a rent review clause, the owner can change the rent according to the specified terms. Leaseholders should read the lease agreement carefully and consult with legal professionals to understand their rights and obligations regarding rent adjustments, ensuring they are aware of any potential financial implications.

Can you convert a leasehold property to freehold in India?

Yes, converting a leasehold property to freehold in India is possible, but the process can be complex and varies by state and specific circumstances. Generally, the leaseholder must apply to the freeholder for conversion, often requiring the payment of a conversion fee and fulfilling certain conditions outlined in the lease agreement. The freeholder may have the right to refuse, depending on the lease's terms. Once the conversion is granted, the leaseholder gains full ownership of the property, including the land. It’s advisable to consult legal experts familiar with local laws to navigate the conversion process effectively.

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