Legistify
1
0

Validity of Tenancy By Holding Over

What makes tenancy by holding over valid?


324
Team Legistify

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.

Upvote


Ask Your Legal Question Now

Ask a Query


Tags: Landlord-Tenant Eviction Dispute

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


You might like reading these