The Rent Review Specialist
Expiry
Holding Over
Where a tenancy would on expiry of the contractual term qualify for rights under the Landlord and Tenant Act 1954 but no statutory procedures are implemented before the contractual expiry, the contractual term would end and thereafter the tenant would be able to ‘hold over’ on the same terms of the expired tenancy.
Holding over is also known as the statutory term. The distinction between contractual term and statutory term/holding over is important because different rules apply when the parties want to end the existing tenancy or grant a new tenancy.
When the tenancy is outside the Landlord and Tenant Act 1954, the tenant would have no legal right to remain in occupation of the premises after the contractual term expiry date. That does not mean that the tenant would necessarily have to vacate, simply there is no legal right to remain in occupation.
Holding over is also known as the statutory term. The distinction between contractual term and statutory term/holding over is important because different rules apply when the parties want to end the existing tenancy or grant a new tenancy.
When the tenancy is outside the Landlord and Tenant Act 1954, the tenant would have no legal right to remain in occupation of the premises after the contractual term expiry date. That does not mean that the tenant would necessarily have to vacate, simply there is no legal right to remain in occupation.
Effluxion of Time
The expiration of a limited-time agreement or contract: the tenancy ended by effluxion of time.