TENANCY BY HOLDING OVER

SUBMITTED BY : SUBMITTED TO:

Shreya Shankar Dr. B.R.N. Sarma

1762

B.A.LL.B (2nd year)

A research project submitted in partial fulfilment of the course property law for attaining

the degree of BALLB(hons.)

Academic Year 2017-2022

CHANAKYA NATIONAL LAW UNIVERSITY

Nyaya Nagar, Mithapur, Patna (800001)
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A., L.L.B (Hons.) Project entitled
“TENANCY BY HOLDING OVER” submitted at Chanakya National Law University is an
authentic record of my work carried out under the supervision of Assistant Professor Dr.B.
R.N. Sarma. I have not submitted this work elsewhere for any other degree diploma. I am
fully responsible for the contents of my Project.

SIGNATURE OF CANDIDATE:

NAME OF CANDIDATE: SHREYA SHANKAR

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 ACKNOWLEDGEMENT

I would like to express my gratitude towards Assistant Professor DR. B.R.N Sarma for
assigning me such a topic for research work titled TENANCY BY HOLDING OVER and for
helping me to go in furtherance with this topic. Without the support of professor this work
could not be possible.

I would also like to thank my batch mates, seniors, friends and relatives for their valuable
support and guidance that helped me to reach on the conclusion.

Without the help all these people, this project would not have been possible, and I would not
have been able to reach on the conclusion so here by, I acknowledge their helpful
contributions.

- SHREYA SHANKAR

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 TABLE OF CONTENTS

Declaration by the candidate………………………………………….……………………2

Acknowledgement……………………………………………….………………………...3

Chapter-1: Introduction meaning of holding over……. …….……………………………..5

Chapter-2: Provisions under the Transfer of Property Act……………………..………….9

Chapter-3: Duties and Liabilities of the Lessee And Lessor……………………..………..14

Chapter -4: Tenancy at Sufferance………………………………………………...………18

Chapter-5: Termination of Lease…………………………………………………….……20

Chapter-6: Conclusion and Suggestions…………………….…………………….………25

Bibliography……………………………………………………………………………….28

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 CHAPTER – 1

INTRODUCTION

This article is targeted to discuss Tenancy by holding over as given under the Transfer of
property Act, 1872.Tenancy by holding over has been guaranteed under 116 of the Act which
states as :-

“If a lessee or under-lessee of property remains in possession thereof after the determination
of the lease granted to the lessee, and the lessor or his legal representative accepts rent from
the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in
the absence of an agreement to the contrary, renewed from year to year, or from month to
month, according to the purpose for which the property is leased, as specified in section 106 “

This section enunciates the effect when the lessee or an under-lessee of a property stays in the
possession after the determination of lease (also known as the termination of lease as
mentioned under section 111 of the Transfer of Property Act,1872 ) and the lessor or his legal
representative assent to the continuation in possession or accept rent thereof then the lease
will be renewed as per the provision given under section 106 of the Transfer of Property Act ,
1872 in the absence of any agreement to the contrary.1

It is to be pointed here that the whole effect of this section is dependable on the assent of the
lessor or his legal representative by the way of giving assent or accepting rent both ad idem.
This clearly implies that there must be meeting of minds between the lessor or his legal
representative and the Lessee or the under-lessee concerning the continuation of possession
after the determination of lease. Hence, a mere acceptance of rent would not act as a
sufficient ground to attract this section.

A hold-over tenant is a tenant whose lease has expired but continues to occupy the premises
without the landlord’s consent. This situation is also know as tenancy at sufferance. This can
occur at the end of a term of years tenancy or periodic tenancy. A landlord has two options
when it comes to dealing with a hold-over tenant

1. Accept the hold-over tenant as a tenant for a new lease term

2. Treat the hold-over tenant as a trespasser and sue to evict and recover damages

Once the landlord chooses a course of action, he are bound to it and cannot seek another
remedy. A landlord may choose to treat the hold-over tenant as a trespasser. To do this, the
landlord must initially, and at all times, treat the tenant as a wrongful possessor of the
property. In order for a landlord to remove a hold-over tenant from the property, they must go
through an eviction process. Typically, landlords are required to go through the judicial
process by bring an action for eviction (i.e., unlawful detainer). A landlord may unilaterally
1
Tenancy At Sufferance https://www.investopedia.com/terms/t/tenancy-at-sufferance.asp#ixzz5QQtXsRXU
visited on 29th august 2018

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choose to hold a tenant to a new term, in effect renewing the lease under the old contract.
Once this decision is made, it is can't be changed. If the landlord accepts a rent check after the
expiration of the lease, this may automatically renew the lease for a new term. The election to
hold the tenant to a new term must be made within a reasonable time or the right is lost. An
arrangement, usually unwritten, whereby the landowner permits the tenant to be on the
property with no advance understanding as to the termination date or the amount of the
payment of rent. This arrangement can, in the real world, also briefly follow the natural
expiration of a written lease for a very brief time – until the tenant begins paying rent
regularly (which is when a periodic tenancy is created and the tenancy at will terminates). A
tenancy at will arrangement, even after being converted to a periodic/month-to-month
tenancy arrangement by the regular payment of rent, can be conveniently terminated by either
the landlord or tenant by giving advance notice to the other party of such party’s intent to
terminate the leasehold (usually 30 days ahead of the desired termination date, depending on
the circumstances), unless the lease says otherwise. Accordingly, while not required, the
lease could provide that tenant can remain after the natural expiration date provided the
tenant pays rent at some higher stated rate (usually 150% to 200% of the previous rate), not to
exceed some stated period of time – thereby allowing the tenant some time flexibility for
moving out while also guarantying the landlord a stated amount of rent (while the current
tenant remains in possession) while a new, replacement tenant is being secured. The purpose
of this article is to solely address the attributes of a tenancy at will vs. a tenancy at sufferance
arrangement within the context of what happens at the natural expiration of a written
commercial lease agreement when a tenant remains on the leased premises.Simply put, if
there’s a written lease and the lease expires naturally, by its own terms, whether a tenancy is
at will or at sufferance depends upon one simple thing: the consent (or lack thereof) of the
landlord for the tenant to remain in possession.

If the landlord authorizes the tenant to remain in possession, the tenancy is at will (and
becomes a periodic tenancy as soon as the tenant begins paying rent regularly). If the
landlord doesn’t authorize tenant’s continued possession, the tenancy is at sufferance.

OBJECTIVES

The objective of this research is to study the “holding over tenancy” under the transfer of
property Act,1882.

HYPOTHESIS

The researcher tends to presumes that after the expiration period of the tenancy agreement or
the lease agreement, the renter or the leassor has no rightful possession of the property.

RESEARCH METHODOLOGY

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The researcher tends to undertake doctrinal research methodology.

SOURCES OF DATA

Primary sources and secondary sources both are used for completion of this project.

1. The primary sources are –

i) Legislative materials such as Indian Penal code, Constitution, universal declaration of

human rights
ii) Decisional materials (Judgements of the courts)
iii) The juristic writings (the opinions expressed by the imminent jurists and different
commissions)

2. Secondary sources are-

i) Books, magazine, journals etc.

REVIEW OF LITERATURE

1. A Handy Book on Property Law in a Series of Letters by Edward Burtenshaw

Sugden. This work has been selected by scholars as being culturally important, and is
part of the knowledge base of civilization as we know it. This work was reproduced
from the original artifact, and remains as true to the original work as possible.
Therefore, you will see the original copyright references, library stamps (as most of
these works have been housed in our most important libraries around the world), and
other notations in the work.
2. The Indian Constitution and Social Revolution: Right to Property since Independence
(SAGE Series in Modern Indian History) by V Krishna Ananth. This book highlights
the evolution of India's Constitution into a tool for social revolution, tracing the
various stages through which the law on the Right to Property and its relationship
with the idea of socialism - as laid out in Parts III and IV of the Constitution - have
evolved.

LIMITATIONS OF THE RESEARCH

The most important limitation for this project is the accumulation of relevant data. Also the
undertaking of non-doctrinal research or the qualitative research is not possible due limitation
of time and place. The financial support needed for the undertaking of the ground work and
other works for the project is also difficult to arrange. These are the prime hindrances to the
completion of the project.

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CHAPTERISATION

1. Introduction: meaning of holding over.

2. Provisions under the Transfer of property Act.
3. Duties and Liabilities of the Lessee and Lessor.
4. Tenancy at Sufferance.
5. Termination of lease.
6. Conclusions and suggestions

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 CHAPTER 2

PROVISIONS UNDER THE TRANSFER OF PROPERTY ACT.

Section 1052 of the Transfer of Property Act, 1882 defines a lease of an immovable property
as a transfer of a right to enjoy immovable property for a certain time, or in perpetuity, in
consideration of a price paid or promised, or of money, a share of crops, service or any other
thing of value, to be rendered periodically or on specified occasions to the transferor by the
transferee who accepts the transfer on such terms. The transferor is called the lessor and the
transferee is called the lessee. The price is called the premium and the money, share, service
or other thing to be so rendered is called the rent.

Section 1063 of the Transfer of Property Act 1882 deals with the duration of leases and states
that in the absence of a contract, or local law or usage to the contrary, a lease of immovable
property for agricultural or manufacturing purposes shall be deemed to be a lease from year
to year, terminable on the part of either lessor or lessee, by six months’ notice and a lease of
immovable property for any other purpose shall be deemed to be lease from month to month,
terminable, on the part of either lessor or lessee by 15 days' notice.

Section 1074 of the Transfer of Property Act, 1882 stipulates that a lease of immovable
property from year to year, or for any term exceeding 1 year can be made only by and under a
registered instrument. Law is clear. If a lease is evidence by a contract, as in the instant case,
the duration of the lease would be as per the contract and at the expiry of the lease period as
per contract the lease expires by efflux of time. Expiry of lease by efflux of time results in the
determination of the relationship between the lessor and the lessee and since the lease expires
under the contract by efflux of time, no notice of determination of the lease is required.

Once a lease expires, the mandate of clause (q) of Section 1085 of the Transfer of Property
Act 1882 makes it the bounden duty of the lessee to put the lessor into possession of the
leased premises.
2
Section105 transfer of property act,1882
3
106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for
agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part
of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall
be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days'
notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in
sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned
therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the
expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and
either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to
such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable)
affixed to a conspicuous part of the property.
4
Section 107 transfer of property act,1882
5
Section 108 (q) on the determination of the lease, the lessee is bound to put the lessor into possession of the
property.

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To the extent aforenoted there is no problem in law, but as in the present case, more often
than not, rent is tendered post expiry of the lease period by efflux of time and accepted by the
landlord. What happens” Section 116 of the Transfer of Property Act 1882 reads as under
“Effect of holding over-If a lessee or under-lessee of property remains in possession thereof
after the determination of the lease granted to the lessee, and the lessor or his legal
representative accepts rent from the lessee or under-lessee, or otherwise assents to his
continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed
from year to year, or from month to month, according to the purpose for which the property is
leased, as specified in section 106.”6

On the strength of having paid the last agreed rent the tenant is naturally expected to claim
that his status is that of a tenant holding over and till tenancy is determined by a notice under
Section 106 of the Transfer of Property Act 1882 the status continues. 7 As noted above,
mandate of clause q of Section 108 of the Transfer of Property Act 1882 is that on the expiry
of the lease the lessee is bound to hand over possession of the leased premises to the lessor
and therefore the lessor would be entitled to maintain an action to compel the lessees to abide
by the mandate of clause q of Section 108 of the Transfer of Property Act 1882. A person
who enters upon the property of another without authority of law is a trespasser. It could be
argued that the very next moment after the period of lease stands expired the act of entering
upon property by the tenant is an act of trespass. But law says no. A lessee who continues in
possession after expiry of the lease, without the consent of the lessor or without any
agreement between the parties or in disagreement with the lessor, is treated in law as a tenant
by sufferance. But where the lessor consents to the continued possession of lessee on the
same terms and conditions as per the original lease a tenancy by holding over comes into
operation. The words “accepts rent or otherwise assents to his continuing in possession” in
Section 116 of the Transfer of Property Act contemplates that from the side of the lessee
there should be an offer to take a new lease and on the side of the lessor there must be a
definite consent to the continuation of possession. In other words there must be a bilateral
contract. Such a bilateral contract could be express or implied. Thus mere continuance of
possession after the expiry or determination of the lease is not enough to entitle the tenant to
establish tenancy by holding over.

More often than not, the only evidence which surfaces is the tender of rent and its acceptance
by the landlord. As observed in the decision of Eastern Investment Ltd. Vs. Commissioner of
Income Tax8 the acceptance of rent is only one form of the assent of the lessor to the lessee
remaining in possession of the property. But, as observed in the decision of Kai Khushroo
Bezonjee Capadia Vs. Bai Jerbai Hirjibhoy Warden and Anr.,9 the acceptance must be of rent
as such. Since law requires a bilateral agreement between the parties for the tenant continuing
to holding over, offer and acceptance of rent is at best an evidence raising a presumption of
assent but would not amount to a conclusive proof of such assent. It could be rebutted by
other evidence.
6
Section 116 Transefer of property act,1882
7
Ibid
8
AIR 1951 SC 285
9
AIR 1949 FC 124

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In order that the acceptance of rent may amount to assent of the lessor it has to be shown that
the offer of rent was made on the express ground that the lessee intended to continue the lease
and that the acceptance was with the full knowledge of the nature of the offer. This is a
question of fact which has to be determined from the circumstances of each case. Greater is
the period of continued possession coupled with receipt of rent, stronger would be the
presumption in favour of the lessee.

Where a tenant fails to establish a case of holding over, his status would be, as noted above,
that of a tenant at sufferance. The difference in the status of a tenant holding over and a
tenant at sufferance was explained by the Supreme Court in the decisionof, R.V. Bhupal
Prasad Vs. State of A.P10. wherein their Lordships said:-

 “8. Tenant at sufferance is one who comes into possession of land by lawful title, but who
holds it by wrong after the termination of the term or expiry of the lease by efflux of time. The
tenant at sufferance is, therefore, one who wrongfully continues in possession after the
extinction of a lawful title. There is little difference between him and a trespasser. In Mulla”s
Transfer of Property Act (7th Edn.) at page 633, the position of tenancy at sufferance has
been stated thus: A tenancy at sufferance is merely a fiction to avoid continuance in
possession operating as a trespass. It has been described as the least and lowest interest
which can subsist in reality. It, therefore, cannot be created by contract and arises only by
implication of law when a person who has been in possession under a lawful title continues in
possession after that title has been determined, without the consent of the person entitled. A
tenancy at sufferance does not create the relationship of landlord and tenant. At page 769, it
is stated regarding the right of a tenant holding over thus: The act of holding over after the
expiration of the term does not necessarily create a tenancy of any kind. If the lessee
remaining in possession after the determination of the term, the common law rule is that he is
a tenant on sufferance. The expression “holding over” is used in the sense of retaining
possession. A distinction should be drawn between a tenant continuing in possession after the
determination of the lease, without the consent of the landlord and a tenant doing so with the
land-lord”s consent. The former is called a tenant by sufferance in the language of English
law and the latter class of tenants is called a tenant holding over or a tenant at will. The
lessee holding over with the consent of the lessor is in a better position than a mere tenant at
will. The tenancy on sufferance is converted into a tenancy at will by the assent of the
landlord, but the relationship of the landlord and tenant is not established until the rent was
paid and accepted. The assent of the landlord to the continuance of the tenancy after the
determination of the tenancy would create a new tenancy. The possession of a tenant who has
ceased to be a tenant is protected by law. Although he may not have a right to continue in
possession after the termination of the tenancy, his possession is juridical. 13. In view of the
settled possession of law, the possession of the appellant is as tenant at sufferance and is
liable to ejectment in due course of law. But his possession is not legal nor lawful. In other
words, his possession of the theatre is unlawful or litiguous possession. The appellant may
remain in possession until he is ejected in due course in execution of the decree in the suit
filed by the respondent. His possession cannot be considered to be settled possession. He is
akin to a trespasser, though initially he had lawful entry.”

10
AIR 1996 SC 140

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Dealing with the issue whether accepting rent after serving upon the tenant a notice to quote
amounts to a waiver under Section 113 11 of the Transfer of Property Act, in the decision
reported as, Sarup Singh Gupta Vs. S. Jagdish12, their Lordships of Supreme Court held:-

 A mere perusal of Section 113 leaves no room for doubt that in a given case, a notice given
under Section 111, Clause (h)13, may be treated as having been waived, but the necessary
condition is that there must be some act on the part of the person giving the notice evincing
an intention to treat the lease as subsisting. Of course, the express or implied consent of the
person to whom such notice is given must also be established. The question as to whether
the person giving the notice has by his act shown an intention to treat the lease as subsisting
is essentially a question of fact. In reaching a conclusion on this aspect of the matter, the
Court must consider all relevant facts and circumstances, and the mere fact that rent has
been tendered and accepted, cannot be determinative. A somewhat similar situation arose
in the case reported in Shanti Prasad Devi vs Shankar Mahto 14. That was a case where the
landlord accepted rent even on expiry of the period of lease. A submission was urged on
behalf of the tenant in that case that Section 116 15, Transfer of Property Act was attracted
and there was a deemed renewal, of the lease. Negating the contention, this Court observed
that mere acceptance of rent for the subsequent months in which the lessee continued to
occupy the premise even, after the expiry of the period of the lease, cannot be said to be a
conduct signifying his assent to the continuing of the lease even after the expiry of the lease
period. Their Lordships noticed the conditions incorporated in the agreement itself, which
provided for renewal of the lease and held that those conditions having not been fulfilled,
the mere acceptance of rent after expiry of period of lease did not signify assent to the
continuance of the lease. 8 In the instant case, as we have noticed earlier, two notices to
quit were given on 10th February, 1979 and 17th March, 1979. The suit was filed on 2-6-
1979. The tenant offered and the landlord accepted the rent for the months of April, May
and thereafter. The question is whether this by itself constitute an act on the part of the
landlord showing an intention to treat the lease as subsisting. In our view, mere acceptance
of rent did not by itself constituted an act of the nature envisaged by Section 113, Transfer
of Property Act showing an intention to treat the lease as subsisting. The fact remains that
even after accepting the rent tendered, the landlord did file a suit for eviction, and even
while prosecuting the suit accepted rent which was being paid to him by the tenant. It
cannot, therefore, be said that by accepting rent, he intended to waive the notice to quit and
to treat the lease as subsisting. We cannot ignore the fact that in any event, even if rent was
11
Section 113 Waiver of notice to quit.—A notice given under section 111, clause (h), is waived, with the
express or implied consent of the person to whom it is given, by any act on the part of the person giving it
showing an intention to treat the lease as subsisting. Illustrations
(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders and A
accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is
waived.
(b) A, the lessor, gives B, the lessee; notice to quit the property leased. The notice expires, and B remains in
possession. A gives to B as lessee a second notice to quit. The first notice is waived.
12
2006 (4) SCC 205
13
Section 111 (h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the
property leased, duly given by one party to the other.
14
2005 (5) SCC 543
15
Section 116 Effect of holding over.—If a lessee or under-lessee of property remains in possession thereof
after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent
from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence
of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose
for which the property is leased, as specified in section 106

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 neither tendered nor accepted, the landlord in the event of success would be entitled to the
payment of the arrears of rent. To avoid any controversy, in the event of termination of
leasethe practice followed by courts is to permit the landlord to receive each month by way
of compensation for the use and occupation of the premises, an amount equal to the monthly
rent payable by the tenant. It cannot, therefore, be said that mere acceptance of rent
amounts to waiver of notice to quit unless there be any other evidence to prove or establish
that the landlord so intended. In the instant case, we find no other fact or circumstance to
support the plea of waiver. On the contrary the filing of and prosecution of the eviction
proceeding by the landlord suggests otherwise.”

In the report published as, C. Albert Morris vs K. Chandrasekaran 16 it was observed as

under:- “26 “ Much argument was advanced on the receipt of the rent by the landlord after
the cancellation of the lease. The consensus of judicial opinion in this country is that a mere
continuance in occupation of the demised premises after the expiry of the lease,
notwithstanding the receipt of an amount by the quondam landlord would not create a
tenancy so as to confer on the erstwhile tenant the status of tenant or a right to be in
possession. “ We are, therefore, of the opinion that mere acceptance of rent by the landlord,
the first respondent herein, from the tenant in possession after the lease has been determined
either by efflux of time or by notice to quit would not create a tenancy so as to confer on the
erstwhile tenant the status of a tenant or a right to be in possession. We answer this issue
accordingly.”

Similar view has been expressed in the decisions reported as Shanti Prasad Devi Vs. Shankar
Mahto17, Central Bank of India Vs. Lalit Kumar Bhargava18, Yashbir Sharma Vs. Mrs.
Sulakshna La19l, Delhi Jal Board Vs. Surendra P.Malik 20, FCI Vs. Kuljinder Pal Singh
Dhillon21 and ”Sh.Prithvi Raj Bhalla Vs. Industrial Cables (India) Ltd22.

It would be interesting to note that in the decision reported as (1973) 2 SCC 388, Bari Lal vs.
Municipal Corporation of Indore the tenant continued in possession for nearly 5 years after
expiry of the lease and yet was held to be not holding over. Status held was of a tenant by
sufferance. Meaning thereby that mere time duration of occupation post tenancy coming to an
end by efflux of time is not a very determinative factor.

16
2006 (1) SCC 228
17
2005 (5) SCC 543
18
129 (2006) DLT 338
19
118 (2005) DLT 52
20
104 (2003) DLT 158
21
2002 (5) AD (Delhi) 7
22
99 (2002) DLT 139

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 CHAPTER – 3

DUTIES AND LIABILITIES OF THE LESSEE AND LESSOR.

n every contract of lease, there is always a lessee (also known as the “hirer” under Thai law)
and a lessor (who is also called the “letter”). The lessee as well as the lessor has rights and
duties under the contract of lease .law allows foreigners to lease real properties such as land
and houses for a maximum duration of thirty (30) years. With this, foreigners get to enjoy
their rights as lessees/hirers. However, to become a lessee entails duties and liabilities over
the leased property and towards the lessor/letter as well.23

Some of the duties and liabilities of the Lessee are as follows:

1. The lessee is bound to pay the rent on time.

2. The lessee can only use the leased property according to what is provided in the lease
contract and the usual and ordinary purpose therein.
3. The lessee is bound to take as much care of the leased property as a person of ordinary
prudence would take care of his own property, and to do ordinary maintenance and
petty repairs thereof.24
4. The lessee is bound to allow the lessor or his agent(s) to inspect the leased property at
a reasonable time.
5. The lessee must not make alterations or addition to the leased property without the
consent of the lessor.
6. The lessee is liable for any loss or damage caused to the leased property by his own
fault or by the fault of persons living with him or being his sub-lessee. But he is not
liable for loss or damage resulting from proper use.
7. The lessee is liable to the lessor for any injury resulting from the delay occasioned by
his failure to forthwith inform the lessor of the following occurrences:
 If the leased property is in need of repairs by the lessor;
 If a preventive measure is required for avoiding a danger;
 If a third person encroaches on the leased property or claims a right over it.
 However, the lessee is not liable for the aforementioned occurrences if the lessor has
knowledge of it already.
8. The lessor can no longer maintain an action against the lessee in connection with the
lease contract after 6 (six) months from the time of the return of the leased property.

The lessor on the other hand has the following duties and liabilities:

1. The lessor is bound to deliver the leased property to the lessee in good condition.
2. The lessor is bound to reimburse the lessee for any necessary and reasonable expenses
incurred by the latter for the preservation of the leased property. However, the lessee

Tenancy At Sufferance https://www.investopedia.com/terms/t/tenancy-at-sufferance.asp#ixzz5QQt91wdF

23

24
https://www.google.com/search?q=DUTIES+AND+liabilities+of+leassor+and+leesee&ie=utf-8&oe=utf-
8&client=firefox-b

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 shoulders the expenses made for ordinary maintenance and petty repairs of the leased
property.
3. In case the leased property is not delivered in a condition suitable for the purpose on
which it is leased, the lessee may terminate the contract.25

Under chapter V of the transfer of property Act,1882 section 108 outlines the Rights and
liabilities of lessor and lessee. It is stated ad verbum26

“In the absence of a contract or local usage to the contrary, the lessor and the lessee of
immoveable property, as against one another, respectively, possess the rights and are subject
to the liabilities mentioned in the rules next following, or such of them are applicable to the
property leased:-

(A) Rights and Liabilities of the Lessor

(a) The lessor is bound to disclose to the lessee any material defect in the property, with
reference to its intended use, of which the former is and the latter is not aware, and which the
latter could not with ordinary care discover:

(b) the lessor is bound on the lessee's request to put him in possession of the property:

(c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent
reserved by the lease and performs the contracts binding on the lessee, he may hold the
property during the time limited by the lease without interruption.

The benefit of such contract shall be annexed to and go with the lessee's interest as such, and
may be enforced by every person in whom that interest is for the whole or any part thereof
from time to time vested.

(B) Rights and Liabilities of the Lessee

(d) If during the continuance of the lease any accession is made to the property, such
accession (subject to the law relating to alluvion for the time being in force) shall be deemed
to be comprised in the lease:

(e) if by fire, tempest or flood, or violence of an army or of a mob or other irresistible force,
any material part of the property be wholly destroyed or rendered substantially and
permanently unfit for the purposes for which it was let, the lease shall, at the option of the
lessee, be void:

Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall
not be entitled to avail himself of the benefit of this provision:

25
Rights and liabilities of lessor and lessee http://bdlaws.minlaw.gov.bd/sections_detail.php?
id=48&sections_id=16323
26
Section 108 Transfer of property act,1882

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(f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he
is bound to make to the property, the lessee may make the same himself, and deduct the
expense of such repairs with interest from the rent, or otherwise recover it from the lessor:

(g) if the lessor neglects to make any payment which he is bound to make, and which, if not
make by him, is recoverable from the lessee or against the property, the lessee may make
such payment himself, and deduct it with interest from the rent, or otherwise recover it from
the lessor:

(h) the lessee may even after the determination of the lease remove, at any time whilst he is in
possession of the property leased but not afterwards all things which he has attached to the
earth: provided he leaves the property in the state in which he received it:

(i) when a lease of uncertain duration determines by any means except the fault of the lessee,
he or his legal representative is entitled to all the crops planted or sown by the lessee and
growing upon the property when the lease determines, and to free ingress and egress to gather
and carry them:

(j) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any
part of his interest in the property, and any transferee of such interest or part may again
transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of
the liabilities attaching to the lease:

Nothing in this clause shall be deemed to authorise a tenant having an un-transferable right of
occupancy, the farmer of an estate in respect of which default has been made in paying
revenue, or the lessee of an estate under the management of a Court of Wards, to assign his
interest as such tenant, farmer or lessee:

(k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the
interest which the lessee is about to take, of which the lessee is, and the lessor is not, aware,
and which materially increases the value of such interest:

(l) the lessee is bound to pay or tender, at the proper time and place, the premium or rent to
the lessor or his agent in this behalf:

(m) the lessee is bound to keep, and on the termination of the lease to restore, the property in
as good condition as it was in at the time when he was put in possession, subject only to the
changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and
his agents, at all reasonable times during the term, to enter upon the property and inspect the
condition thereof and give or leave notice of any defect in such condition, and, when such
defect has been caused by any act or default on the part of the lessee, his servants or agents,
he is bound to make it good within three months after such notice has been given or left:

(n) if the lessee becomes aware of any proceeding to recover the property or any part thereof,
or of any encroachment made upon, or any interference with, the lessor's rights concerning
such property, he is bound to give, with reasonable diligence, notice thereof to the lessor:

16 | P a g e
(o) the lessee may use the property and its products (if any) as a person of ordinary prudence
would use them if they were his own; but he must not use, or permit another to use, the
property for a purpose other than that for which it was leased, or fell or sell timber, pull down
or damage buildings belonging to the lessor, or work mines or quarries not open when the
lease was granted, or commit any other act which is destructive or permanently injurious
thereto:

(p) he must not, without the lessor's consent, erect on the property any permanent structure,
except for agricultural purposes:

(q) on the determination of the lease, the lessee is bound to put the lessor into possession of
the property.

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 CHAPTER – 4

TENANCY AT SUFFERANCE

Tenancy at sufferance is an agreement in which a property renter is legally permitted to live

on a property after a lease term has expired but before the landlord demands the tenant vacate
the property. If a tenancy at sufferance occurs, the original lease conditions must be met
including the payment of any rents. Otherwise, the tenant can be evicted at any time without
notice.27 Tenancy at sufferance (also called "estate at sufferance" or "holdover tenancy")
arises when a tenant who has a lawful possession of a property (for example, a lease) holds
over without the owner's consent. The only difference between a tenant at sufferance and
trespasser is that the tenant entered into possession in a legal manner but has now overstayed
his or her welcome.

Each state may have different legal definitions and criteria to determine whether or not an
occupant is classified as a trespasser if they remain on a property they previously had a lease
agreement for. The circumstance that can lead to a tenancy of sufferance can include eviction
proceedings. This can be the case if a tenant’s lease agreement comes to an end, but they do
not vacate the premises and the landlord intends to lease the space to new occupants. The
landlord or property owner may initiate their legal options to remove the tenant from the
property but the tenant continues to dwell on the property and usually cannot be forcibly
removed.

While the eviction process is underway, the tenant must comply with the rental or lease
terms. If they fail to pay rent as set by their prior lease terms they could be removed from the
property. An eviction could take from six months to one year before a final outcome is
rendered. The property owner would have to accept the tenancy at sufferance throughout that
period as long as the tenant continued to meet their lease term obligations. It is possible that
the property owner will offer to buy out the tenant in order to see them exit the property. This
might be a more expensive option, but it would expedite a resolution to the situation. If such
a buyout is accepted, the tenancy at sufferance would end and the tenant would have to
vacate the premises. A property owner could also offer a new lease agreement. Acceptance of
a new lease by all parties would also end a tenancy at sufferance and the tenant would be
bound to the terms of the new agreement.

What is 'Tenancy at Will'

Tenancy at will, also known as estate at will, is a property tenure — without a lease or written
agreement — that can be terminated at any time by either the tenant or the owner (landlord).
It exists without a contract or lease and usually does not specify length of a tenant's duration
or the exchange of payment. A tenancy at will arrangement is desirable to tenants and owners
27
Tenancy At Sufferance https://www.investopedia.com/terms/t/tenancy-at-sufferance.asp#ixzz5QQslaJp3
visited on 29th august 2018

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wishing to have the flexibility to change rental situations easily and without breaking a
contract.28

Tenancy at will defines the relationship between the landlord and tenant when strict terms,
such as those contained within a lease agreement, are not present, are defective in nature or
have expired. A tenancy at will agreement can also be created at the beginning of the
landlord-tenant relationship. Contracts can even specify an at-will agreement, sometimes
called a month-to-month agreement.

A tenancy at will requires no original contract and thus differs from a periodic tenancy, which
is typically an extension of a fixed-term agreement that has expired but still stipulates terms
that apply to both tenant and landlord,

Even in the absence of a written agreement, both parties are afforded legal protections
governing the relationship. For example, the landlord must provide a safe environment as
required by law. Additionally, the landlord must provide notice prior to entering the tenant
occupied property as governed by local statutes. The tenant is responsible for any rent
payments and must adhere to any rules agreed upon by the landlord and tenant. The tenant is
also responsible for any damages beyond normal wear and tear on the property. Both parties
must follow local regulations in regards to an intention to vacate or have the property
vacated. While a tenancy at will arrangement may not have written and agreed-upon
requirements regarding notification of intention to vacate, terms are generally spelled out
within local landlord-tenant regulations. It is not uncommon for a 30-day notice to apply to
both the tenant and the landlord. This means that should the tenant intend to vacate, or should
the landlord wish for the tenant to vacate, 30 days’ notice must be supplied to the other party.
A reason for the request to vacate is not required to be cited by either party. Traditionally,
said notice is provided in writing.

In Maine, for example, landlords in an at-will arrangement can evict tenants without giving a
reason, but they must give a 30-day written notice of the intended eviction. With a few
exceptions that include serious damage or being a nuisance to neighbours, a landlord must
still give a tenant a seven-day notice to vacate for tenancy at will agreements in the state of
Maine.

28
| Investopedia https://www.investopedia.com/terms/t/tenancy-at-will.asp#ixzz5QWbZ6hrZ

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 CHAPTER-5

TERMINATION OF LEASE

At some point during their lives most people will be involved with the rental of real
estate, either as landlord or tenant. Although the problems facing a landlord are just as
perplexing at times as those facing the tenant, the problems facing the tenant are the
general subject matter of this pamphlet. Laws that affect landlords and tenants can vary
significantly from city to city. This pamphlet provides general information about beinga a
tenant in Illinois, but your municipality may provide you with greater protection under
the law.

At some point during their lives most people will be involved with the rental of real
estate, either as landlord or tenant. Although the problems facing a landlord are just as
perplexing at times as those facing the tenant, the problems facing the tenant are the
general subject matter of this pamphlet. Laws that affect landlords and tenants can vary
significantly from city to city. This pamphlet provides general information about being a
tenant in Illinois, but your municipality may provide you with greater protection
under the law.

The relationship between landlord and tenant arises from an agreement called a lease by
which one party occupies the real estate of another with the owner’s consent. No particular
words are necessary to create a lease, but generally the terms of a lease include a
description of the real estate, the duration of the agreement, the rent, and the time of payment.
In Illinois, a lease need not be in writing unless it is for a term greater than one year.
Although the terms of an oral lease may be difficult to determine, a party may be
bound to the terms of an oral agreement just as much as a written one. The most common
form of lease is a written agreement that spells out all of the terms and conditions
binding upon both parties. 29 If a lease is not in writing, it will probably be a periodic
lease, which is one without a definite term. The period is generally determined by
the frequency of the rental payments; for example: week to week, month to month, year
to year.

Lease contract refers to the legal agreement whereby an owner – Lessor - of a property
permits somebody else – Lessee – to use his/her property for a particular purpose and for a
definite/stipulated period under certain terms and conditions as agreed by both parties in a
lease agreement. Preparation of a lease contract/agreement between the lessor (Property
owner/landlord) and lessee (tenant/occupant) is usually done by lawyers to the parties
involved in the lease transaction as there are some legal terms in the lease document as well
as general duties/obligations that will need to be explained to all the parties to the lease
contact in other to guide and protect their interests during the lease period.
29
Termination of lease article https://www.google.com/search?client=firefox-b&ei=sYuRW-
qEG4nGvQT27JCIBQ&q=how+a+lease+can+be+terminated&oq=how+a+lease+can+be+terminated&gs_l=psy-
ab.3..0i22i30k1.60203579.60236366.0.60236737.60.31.0.7.7.0.216.4429.0j18j5.23.0....0...1c.1.64.psy-
ab..33.27.3852...0j33i22i29i30k1j0i131k1.0.F3rLZMGB0Vo

20 | P a g e
The length of a lease contract in relation to land and landed properties’ leasing transaction is
usually from 3 years upwards. Tenancy contract on its own part is described to mean the
exclusive possession of occupation which a person – usually referred to as a tenant – enjoys
on another person’s – landlord – property (residential or commercial property) based on an
agreed rent paid to the landlord 30. Tenancy contract/agreement which spells out the duties and
obligations of the tenant and landlord during the tenancy period can be prepared by the
professional estate agent employed by the landlord/property owner of the tenanted property.

In preparing the tenancy agreement/contract, the professional estate agent engaged by the
property owner/landlord will partner with the legal department of his/her estate surveying and
valuation firm in drafting such tenancy agreement/contract for the tenant and landlord 31. The
length of a tenancy contract in relation to land and property leasing ranges between 1year and
2years.

It is quite necessary to highlight the various events that can lead to termination of a lease or
tenancy contract in relation to land and property leasing as an aspect of estate agency
practice. The following 15 circumstances are events that can terminate a lease and/or tenancy
contract

1. Expiration of Lease or Tenancy Contract: A lease or tenancy contract can be

terminated after the expiration of the lease/tenancy period and whereby the
lessee/occupant of the leased/tenanted property decides not to renew his/her
lease/tenancy with the property owner/lessor. There are so many reasons why a
lessee/tenant may not want to renew their tenancy/lease contract after its expiration,
some of which they may voluntarily or involuntarily explain to the property
owner/lessor. Where this kind of event arises, the lease/tenancy contract between the
property owner/lessor and the tenant/occupant expressly comes to an end.
2. Surrender and Acceptance of Existing Lease/Tenancy Contract: Another
circumstance that can terminate a lease/tenancy contract is a situation whereby the
tenant/lessee surrenders (give up) his/her existing lease/tenancy yet to be expired to
the landlord/lessor and the landlord/lessor upon receiving such notice accepts it from
the tenant/lessee. In this particular event, I want you to know that the tenant/lessee in
question still has an unexpired lease/tenancy term on the leased/tenanted property but
goes ahead to surrender his/her existing lease/tenancy contract with the
landlord/lessor who in turn also accepts it. The lease/tenancy contract will
automatically come to an end once the landlord/lessor accepts the written notice of the
tenant/lessee to surrender his/her existing lease/tenant contract.
3. Breach of Lease/Tenancy Conditions/Terms: In the course of preparing a
lease/tenancy agreement/contract, there are some certain duties and obligations to be
observed and adhered to by both the landlord/lessor and tenant/lessee during the
period of the lease/tenancy contract. A breach of any of these lease/tenancy agreement

30
Dr. Poonam Pradhan Saxena (2011) Property Law LexisNexis Publication
Remedies
31
for landlord in case of hold over tenant https://www.google.com/search?
q=remedies+for+landlord+in+case+of+hold+over+teanent&ie=utf-8&oe=utf-8&client=firefox-b

21 | P a g e
 conditions on either part of the landlord/lessor or tenant/lessee may warrant the
lease/tenancy contract been terminated. This is why it is always important for both
landlord/lessor and tenant/lessee in any lease/tenancy contractual relationship to
always observe their obligations which serves as a condition for the lease/tenancy
relationship they enjoys if they don’t want such to be terminated.
4. Actual Eviction of Lessee/Tenant From The Leased/Tenanted Property: Another
major event that can terminate a lease/tenancy contract between a landlord/lessor and
tenant/lessee is actual eviction of the lessee/tenant from the leased/tenanted property.
Actual eviction of a lessee/tenant from a leased/tenanted property plays a critical role
in terminating a lease/tenancy contract and one of the major reason for this, is that just
mere serving of a Notice to Quit to a lessee/tenant on a leased/tenanted property may
not in some cases be enough to terminate a lease/tenancy contract most especially
when such lessee/tenant is a recalcitrant person. A recalcitrant lessee/tenant served a
Notice to Quit may still be occupying the leased/tenanted property for some months
or even years after such notice to quit has been served on him/her and this act will
make his/her lease/tenancy contract to still be running even without paying any form
of rent until after such a tenant is finally evicted through a court order or other lawful
means that the lease/tenancy contract will cease to exist.
5. Destruction of The Leased/Tenanted Property: There are series of destructive
events that can terminate a lease/tenancy contract between a landlord/lessor and
tenant/lessee. Some of these destructive events are; Fire Outbreak, Acts of war,
Building collapse, and Force Majeure (landslide, ocean surge, earthquake, flooding,
hurricane etc). A leased/tenanted contract will be terminated in a situation where any
of these destructive events takes place. While some of these destructive events are
manmade, others may be uncontrollable by human effort.
6. Foreclosure of The Leased/Tenanted Property Through Mortgage: Another
circumstance which can terminate a lease/tenancy contract between a landlord/lessor
and tenant/lessee is a situation whereby the landlord/lessor used the leased/tenanted
property as a collateral/instrument to secure a loan for mortgage purpose from a
mortgage institution but defaults in paying back the loan at the stipulated period
thereby forfeiting the leased/tenanted property to the mortgage institution through
foreclosure. Whenever a leased/tenanted property is foreclosed due to non-payment of
loan received from a mortgage institution by the landlord/lessor who has used the
subject property as collateral for a loan advancement, the lease/tenancy contract
currently existing between him/herself and the tenant/lessee will be terminated
because the mortgage institution will want to take possession of the leased/tenanted
property used as collateral to secure the loan advancement through foreclosure.
7. Frustration of Lessee/Tenant By The Landlord/Lessor: This is another situation
where a lease/tenancy contract can be terminated. It may be a situation where the
landlord/lessor tries everything possibly legal or not to evict the tenant/lessee without
any success. The landlord/lessor may then embark on different kinds of acts either to
the tenant/lessee or on the leased/tenanted property so as to frustrate the tenant/lessee
in quitting the leased/tenanted property. Acts of frustration in other to terminate a
lease/tenancy contract is in most scenarios usually carried out or embarked upon by

22 | P a g e
 the landlord/lessor who wants to forcefully evict the tenant/lessee because he/she
wants to terminate the lease/tenancy contract between them.
8. Notice To Quit: This is one of the most easiest scenario to terminate a lease/tenancy
contract. It involves the landlord/lessor of the leased property writing a Notice To
Quit to the tenant/lessee occupying the leased/tenanted property. The notice to quit
letter is usually written to the tenant/lessee some months prior to the expiration of the
existing lease/tenancy contract by the professional estate agent/property manager to
the landlord/lessor who has been given such instruction by the landlord/lessor. The
contents of the notice to quit letter will indicate the stipulated time frame which the
tenant/lessee should give up possession of the leased/tenanted property after the
expiration of the lease term or tenancy period, as well as the reasons why the
tenant/lessee should quit the tenanted/leased property after its expiration. The
lease/tenancy contract will eventually be terminated the moment the tenant/lessee
vacates the leased/tenanted property after the stipulated time frame given to do so in
the notice to quit letter.
9. Surrender And Renewal Of Existing Lease/Tenancy Contract: This is another
scenario that can terminate a lease/tenancy contract between a landlord/lessor and
tenant/lessee. It involves the tenant/lessee on the leased/tenanted property
surrendering his/her unexpired lease term (unused years) to the landlord/lessor in
other to immediately renew such lease/tenancy contract for a new one. This refers to
the situation whereby a tenant/lessee on a leased/tenanted property gives up his/her
remaining lease term through termination of the existing lease/tenancy contract with
the landlord/lessor and at the same time creating a new lease/tenancy contract on the
same leased/tenanted property with the landlord but on improved terms and
conditions. Unlike surrender and acceptance of existing lease to terminate a
lease/tenancy contract, surrender and renewal of existing lease/tenancy contract is
instigated by the tenant/lessee to the landlord/lessor who is not under compulsion or
force to accept the surrender notice and also grants a new lease/tenancy contractual
agreement on improved terms and conditions with the lessee/tenant.
10. Compulsory Acquisition of The Leased/Tenanted Property By Government:
Government do acquire different classes of land and landed properties for various
purposes which will be of great benefit to the generality of the citizens. If during the
course of carrying out a compulsory acquisition exercise, some certain
leased/tenanted properties are affected, the consequence of this is that the
lease/tenancy contract between the landlord/lessor and tenant/lessee will be
terminated. The landlord/lessor of the leased/tenanted property may be compensated
by government before, during or after completion of the compulsory acquisition
exercise but this will not have any changes to the terminated lease/tenancy contract.
11. Court Order: This is another event that can terminate a lease/tenancy contract
between a landlord/lessor and tenant/lessee. In the case of a land dispute between two
or more parties laying claims to the true ownership of a particular lot/portion of land
where a leased/tenanted property is lying and situates.
12. Breach of Statutory Building Codes And Property Laws: This is another event that
can terminate a lease/tenancy contract. It arises when a leased/tenanted property falls

23 | P a g e
 short of various applicable building codes and property laws as been stipulated and
spelt out by the government and/or its agencies.
13. Renovation And Improvement Works: A lease/tenancy contract can be terminated
when there is the need to carry out renovation and improvement woks on the
leased/tenanted property by the landlord/lessor.
14. Property Demolition: Under this circumstance, there are so many ways which
lease/tenancy contracts can be terminated. Property demolition exercise for
infrastructural development programmes that is been embarked upon by the various
tiers of government can terminate lease/tenancy contracts.
15. Total Wear And Tear (Obsolescence): Events which results in total wear and tear of
a building components and its physical appearance can also terminate a lease/tenancy
contract between the landlord/lessor and tenant/lessee occupying the leased/tenanted
property. The act of total obsolescence resulting in adverse wear and tear of a
leased/tenanted property will terminate the lease/tenancy contract been enjoyed as the
property becomes inhabitable for people.

24 | P a g e
 CHAPTER – 6

CONCLUSIONS AND SUGGESTIONS

The expression 'holding over' means retaining possession. There is a distinction between a
tenant continuing in possession of a property after the determination of lease without the
consent of the landlord, and a tenant doing so with the consent of the landlord. The former is
called a tenant by sufferance in common law. On the other hand, the latter is called a tenant
holding over a tenancy at will. In fact, a lessee holding over with the consent of the lessor is
in a better position than a mere tenant at will. The assent of the landlord to the continuance of
the tenancy after the determination of the tenancy agreement would create a new tenancy.
According to Section 116 of the Transfer of Property Act 1882, these circumstances would
lead to tenancy by holding over:

The possession of a tenant who has ceased to be a tenant is protected by law. When a tenancy
by holding over is given protection in any statute, it is termed as a statutory tenancy. In case
of a statutory tenancy, the protection given to a tenant in retaining possession, even after the
tenancy is terminated, is the creation of a statute. This is why it is called the statutory
tenancy. Thus, a statutory tenancy is a special connotation. It comprises the benefits and
advantages conferred on a tenant by any statute.

Statutory tenancy is distinct from the tenancy by holding over in the sense that the former is
more specific. In case of the statutory tenancy, the terms of the rights of a tenant who retains
possession by holding over is defined by statute.

Most rent control acts recognise statutory tenancy, either expressly or by implication. Every
Rent Control Act recognises and affords protection to tenants against eviction despite
termination of tenancy despite termination of tenancy, except on the grounds recognised by
the Act. No order or decree for eviction is passed against a tenant unless any such ground is
established.

The arrangements that can be implied are either a “tenancy at will” or a “periodic tenancy”.
This is important because tenancies at will are temporary arrangements which can be
terminated by either party at any time on short notice. The termination of periodic tenancies
is far more complex and notice (the length of which depends upon the type of tenancy and
how rent is referred to as payable under the lease) to bring them to an end will need to be
given. If a periodic tenancy arises this will have the benefit of the protection of the security of
tenure provisions of Part II of the 1954 Act. Tenancies at will do not enjoy this benefit.
Periodic tenancies therefore give tenants more protection and, depending on the landlord’s
intentions regarding the property, can prove a costly error for a landlord if it inadvertently
allows a tenant to “remain in occupation” after the expiry of a fixed term lease.

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Whether or not the “holding over” is a periodic tenancy or a tenancy at will will depend on
the facts of the case. Case law has established that where parties are negotiating for the grant
of a new written tenancy but the terms are not yet agree there will be a strong inference
against finding that the arrangement is a periodic tenancy. This is especially the case where
the proposed new tenancy will be “contracted out” of the 1954 Act. If, however, a tenant
remains in occupation with no intention of negotiating a new lease with the landlord then it
may be inferred by the court that a periodic tenancy has arisen. The tenant would therefore
have to give notice under the 1954 Act for the tenancy to come to an end and the
consequences of such occupation may be more long term and costly than the tenant had
imagined. If, however, the tenant is negotiating a new lease of the property with the landlord
and remains in occupation during that period it is likely that the tenant will have only a
tenancy at will and its occupation could therefore be viewed as precarious. The landlord
could take back the property on little notice and this would have a significant effect on a
tenant’s business and may give the landlord leverage in negotiations.

26 | P a g e
BIBLIOGRAPHY

BOOKS -

 Edward Burtenshaw Sugden.(2003) A Handy Book on Property Law in a Series of

Letters
 V Krishna Ananth (2008) The Indian Constitution and Social Revolution: Right to
Property since Independence (SAGE Series in Modern Indian History)
 Dr. Poonam Pradhan Saxena (2011) Property Law LexisNexis Publication.

WEB SOURCES –

 Mehrotra D (1982).Holdinh over tenancy , PUCL Bulletin, Retrieved at

http://wwwinvestopedia-property-law.htm . (last visited 4th Sept. 2018)
 https://chrisgriswoldpc.com/2015/10/tenancy-at-will-vs-tenancy-at-sufferance/ (last
visited 4th sept. 2018)
 https://www.linkedin.com/pulse/15-events-can-terminate-lease-agreementtenancy-
contract-femi-atoyebi (last visited 4th sept. 2018)
 https://www.google.com/search?
q=DUTIES+AND+liabilities+of+leassor+and+leesee&ie=utf-8&oe=utf-
8&client=firefox-b (last visited 4th sept. 2018)
 https://www.google.com/search?client=firefox-b&ei=sYuRW-
qEG4nGvQT27JCIBQ&q=how+a+lease+can+be+terminated&oq=how+a+lease+can
+be+terminated&gs_l=psy-
ab.3..0i22i30k1.60203579.60236366.0.60236737.60.31.0.7.7.0.216.4429.0j18j5.23.0..
..0...1c.1.64.psy-ab..33.27.3852...0j33i22i29i30k1j0i131k1.0.F3rLZMGB0Vo (last
th
visited 4 sept. 2018)
 Remedies for landlord in case of hold over tenant https://www.google.com/search?
q=remedies+for+landlord+in+case+of+hold+over+teanent&ie=utf-8&oe=utf-
8&client=firefox-b (last visited 4th sept 2018)

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