Section For Tenant Holding Over
Description
How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?
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FAQ
It comprises the benefits and advantages conferred on a tenant by any statute. Statutory tenancy is distinct from the tenancy by holding over in the sense that the former is more specific. In case of the statutory tenancy, the terms of the rights of a tenant who retains possession by holding over is defined by statute.
The expression "holding over" is used in the sense of retaining possession1. A distinction should be drawn between a tenant continuing in possession after the determination of the lease, without the consent of the landlord and a tenant doing so with the landlord's consent.
What constitutes lawful tenancy by holding over? ing to Section 116 of the Transfer of Property Act 1882, the following conditions would result in tenancy by holding over: After the lease granted to the lessee is determined, the lessee or under-lessee of the property retains possession.
Holding over stands equivalent to the retention of possession after determination of lease, but with the consent of the landlord-whereas, on similar circumstances if the possession is without the consent of the landlord then the same stands out to be a tenant at sufferance.
In view of the concluding words of s. 116 of the Transfer of Property Act a lease holding over is in a better position than a tenant-at-will. The assent of the landlord to the continuance of possession after the determination of the tenancy will create a new tenancy.