Validity of Tenancy By Holding Over

What makes tenancy by holding over valid?

Answer (1)

Team Legistify

  • Sector-1, Noida

The expression 'holding over' means retaining possession. There is a distinction between a tenant continuing in possession of a property after the determination of lease without the consent of the landlord, and a tenant doing so with the consent of the landlord. The former is called a tenant by sufferance in common law. On the other hand, the latter is called a tenant holding over a tenancy at will. In fact, a lessee holding over with the consent of the lessor is in a better position than a mere tenant at will. The assent of the landlord to the continuance of the tenancy after the determination of the tenancy agreement would create a new tenancy.

Answered on 28 Sep 2018


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