205. Effect of payment of rent.

Payment of rent with reference to a yearly holding is not conclusive as to the creation of a tenancy from year to year; it is only evidence of such a tenancy1. The fundamental question is always with what intention was the rent paid and received2. Accordingly, it is competent for either the payer or the receiver of rent to prove the circumstances in which the payment was made, and by those circumstances to rebut the inferences which would otherwise be drawn from the receipt of rent left unexplained3. Whether the circumstances exclude the implication of a yearly tenancy is