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What
is Tenancy at Sufferance / Holdover Tenancy?
Managing a Tenant at Sufferance
Are
you looking for a complete tenancy at sufferance definition (also known
as a holdover tenancy) or do you need help with your tenant at
sufferance? Uncover all the must-have facts and advice for handling
this tricky type of tenancy today.
What Exactly
is a Tenancy at Sufferance
and How Does it Arise?
Unlike
other common types of
tenancy, a holdover tenancy is never created by landlord on
purpose. Rather this type of tenancy is initiated when the tenant
remains on the rental property without the landlord's
permission even though the lease period is already over.
A tenant at sufferance originally starts off as a
lawful tenant but once the tenancy ends, he will lose his tenants
rights. Even though your tenant has no legal rights to stay on your
rental property, he still has to pay you rent and stick to the
rules of the original lease agreement.
According to the tenancy at sufferance definition, it has no specific
end date and it will
continue until you choose to evict the tenant or sign a new rental
agreement with him.
Important
Things You Should Know for a Tenancy at Sufferance
As
holdover tenancies are usually unplanned, some landlords tend to
confuse it with other types of tenancies and mishandle the situation.
Firstly, you have to know the critical differences between a tenancy at
sufferance and tenancy at
will.
A
tenancy at will is a type of lease where there is no formal written
agreement. However, both the landlord and tenant must be
agreeable to
this arrangement plus a tenancy at will can have its own set of terms
and conditions that are decided by both parties beforehand.
Since a tenancy at will is a
mutual agreement, you cannot simply evict your tenant anytime you want
unlike how you can treat a tenant at sufferance. Both the
landlord
and tenant are given the right to end a tenancy at will as long as they
inform the other party in advance.
In some areas when your fixed
term tenancy ends, it automatically becomes a periodic
tenancy instead
of a holdover tenancy. In this case, your lease is fully
recognised by the law and your tenant will be granted full tenant
rights. Click here for
our complete periodic tenancy guide.
How
do You End a Tenancy at Sufferance / Holdover Tenancy?
If you
want to remove your tenant from your rental property, the first thing
you have to find out if he is considered a tenant at sufferance or
trespasser in the eyes of the law.
If
you have taken swift legal steps to formally evict your tenant, he will
be considered a trespasser if he still refuses to leave your property.
You
generally do not have to give a notice to advance if you want to remove
a
trespasser. Depending on your area's rental
property law,
you may even be
granted the right of self help - You may be allowed to change the locks
on your property or cut
off the electricity supply to force him out. He will also have to pay
you for any rent loss or property damages.
If you accept rent
from your tenant after the lease has ended or take too long (more than
15 to 30 days) before you
start evicting him, he will considered as a tenant at sufferance. Your
local landlord tenant law will decide how you can remove this
type
of tenant.
In some countries, you are allowed to remove him once
he has outstayed his final rent payment. In other
areas,you may even have
to renew your lease agreement with him with the same terms
as your
original lease.
For example if your original rental agreement is a month to month
tenancy, your new lease
automatically becomes a month to month tenancy with the same terms and
conditions.
Want to learn MORE practical must-know
facts on the
right tenancy type for you?
Return from
this Tenancy at Sufferance Definition / Tenant at Sufferance page to
our Types of Tenancy
guide
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