Q&As

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy at will?

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Published by a LexisNexis Property Disputes expert
Published on: 20 March 2018
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We refer you to the following cases which you may find useful for your purposes:

  1. •

    Barclays Wealth Trustees (Jersey) Limited v Erimus Housing Limited: this concerned Tenants who were holding over and who did not have security of tenure. A tenant who holds over at the end of their lease is a tenant on sufferance until the landlord consents to the tenant's possession. With consent, the tenant becomes at least a tenant at will. If the tenant at will continues to pay rent, even a rent previously reserved at an annual rate, that is not inconsistent with a Tenancy at Will. Specifically, 'the payment of rent gives rise to no presumption of a periodic tenancy'

  2. •

    Longrigg, Burrough and Trounson v Smith: it was held that acceptance of rent after the lease of a shop expired was not conclusive. The true question was whether the parties had agreed to

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Tenant definition
What does Tenant mean?

A person to whom a lease is granted.

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