195. Possession after expiry of lease.

A tenant who, with the landlord's consent, remains in possession after his lease has expired is tenant at will until some other interest is created1, either by express grant or by implication by the payment and acceptance of rent2. Thus, where a lease of war-damaged premises was disclaimed and so deemed to have been surrendered3, and the landlord and the tenant were willing that the tenant should remain in occupation as a trespasser, in law the tenant continued in possession as tenant at will4. The terms of a tenancy at will which arises in this way will be those