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 on LexisPSL on 20/03/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • 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?
  • Landlord’s claim for double rent or double value

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?

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

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