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Holding Over

  • When a fixed term ends and prior to a new term starting this is described as holding over.  Mainly for commercial tenants. Similar in principle to a periodic tenancy and can be used to enable a tenancy at will in the interim.  Fraught with problems for both landlord and tenant as it might be deemed that a new fixed term tenancy or a periodic tenancy has commenced contrary to the wishes of either landlord or tenant to the benefit of one and detriment of the other depending on their respective plans.
Published: 28 September 2015 Last Updated: 17 November 2021