LAW

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Legal Terms – Holding Over

Definition:
When a tenant remains in possession of leased property after the expiry of the lease term.


Legal Outcomes:

  • If done without the landlord’s consent, it amounts to trespass, and the landlord may claim damages (mesne profits) for unlawful occupation.
  • If the landlord accepts rent from the tenant during this period, a new tenancy may be implied by law.

Example:
A tenant’s lease expires on June 30, but they continue living there and pay rent, which the landlord accepts. This may create a periodic tenancy, even without a new written agreement


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