A tenancy which arises by implication in favour of a tenant who holds over after the expiration of his lease and pays rent is only deemed to be on the terms of the old lease in the absence of evidence of a different understanding between the parties1. The question is one of fact; and, in the absence of any facts excluding an implied agreement between the parties to hold upon the terms of the old lease, so far as they are applicable to an annual tenancy, the law implies a new agreement to that effect between them2. Where nothing
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