The Rent Review Specialist
Renewal
Periodic Tenancy
A periodic tenancy - also known as a tenancy from year to year, month to month, or week to week - is a tenancy that exists for some period of time determined by the term of the payment of rent. Periodic tenancies may qualify for renewal rights under Landlord and Tenant Act 1954, particularly where the landlord has demanded and accepted rent for at least 12 months after the expiry of a contractual tenancy.
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.