Difference Between Tenant At Sufferance And Tenant By Holding Over

I have filed a case against my tenant in which a question has arisen about the difference between ‘tenant at sufferance’ and ‘tenant by holding over’. Can you enlighten me on the same.
Posted 8 months ago  | 
General Legal,Landlord/Tenant
General Legal Landlord/Tenant

1 Answer(s)

Deepika Gill
Advocate

If after expiry of the period of tenancy or after his determination a tenant continues in possession without landlord’s consent, the said person (tenant) holds the property as tenant at sufferance having no interest. For his ejectment no notice is necessary. But a tenant by holding over is different. To be tenant by holding over he is to continue in possession after the efflux of time with the consent express or implied of the owner. It is a creature to bilateral consensual act. It is not created by unilateral intendment.