Holdover Tenancy Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Holdover Tenancy, written in plain English, along with examples of how it is used.

What is Holdover Tenancy?

(n) Holdover Tenancy is the situation in which a tenant of a real property continue to occupy the property rented by him after the expiry of the tenancy period but without any extension, fresh agreement or consent from the landlord

History and Meaning of Holdover Tenancy

A holdover tenancy is a common law concept that applies when a tenant fails to vacate rented property after their lease or rental agreement expires. The tenant retains possession of the property without the landlord's consent, creating a holdover tenancy. Such a tenancy is precarious, as the landlord could file an eviction notice any time, and the tenant could be forced to move out immediately.

Holdover tenants can arise in one of two ways: the lease agreement may have ended, but the tenant remains because the landlord permits them to continue occupying the property or the tenant continues to occupy the property without the landlord's approval after the lease agreement expires. If the landlord accepts payment for rent from the holdover tenant, the tenant is then known as a tenant at sufferance.

Examples of Holdover Tenancy

  1. Landlord files an eviction notice and terminates a holdover tenancy
  2. Tenant remains on the property after the lease expires, creating a holdover tenancy, and continues to pay rent to the landlord
  3. Tenant remains on the property past the lease expiration, but the landlord permits the tenant to continue occupying the property, resulting in a periodic holdover tenancy

Legal Terms Similar to Holdover Tenancy

  1. Tenant at Sufferance: A tenant who continues to occupy property after the lease has ended, without the landlord's consent
  2. Tenant at Will: This is a rental agreement in which the tenant resides on the landlord's property with the owner's permission and can continue to do so as long as the landlord desires
  3. Lease Agreement: An agreement between a landlord and tenant that outlines their rental arrangements, such as the rent amount, lease duration, and any restrictions or obligations of the tenants