Tenant holding over: implied tenancy at will or periodic?

[nuttytartxxx]

I am holding over after the expiry of my lease while myself and the landlord negotiate a new lease. I (the tenant) am still paying rent.

Now i'm a little confused as to what status of my lease i'm at here, does this make it a periodic tenancy while we are negotiating a new lease or does this make it a tenancy at will? or an implied tenancy?

I'm very confused with all this terminology can anyone help me and explain?

Thank you!

Nutty

[agingsurveyor]

If the old lease is subject to the L&T Act 1954 then you are holding over under the Act - sometinmes called a Continuation Tenancy. The landlord cannot terminate it without serving 6 months notice.

[nuttytartxxx]

Thanks for your reply.

I am not wishing to terminate the tenancy. I am still paying the same rent as I did during the lease, which has now expired and I was just wondering while I am negotiating a new lease with the landlord if this is classed as a periodic tenancy until the new lease is agreed or is it just a tenancy at Will?

Just wondered what my status at the moment was really - Sorry not very good at all this!!

[Surrey]

Thanks for your reply.

I am not wishing to terminate the tenancy. I am still paying the same rent as I did during the lease, which has now expired and I was just wondering while I am negotiating a new lease with the landlord if this is classed as a periodic tenancy until the new lease is agreed or is it just a tenancy at Will?

Just wondered what my status at the moment was really - Sorry not very good at all this!!

What exactly is this "lease" you mention? If it's an Assured Shorthold Tenancy, then you're currently in a Periodic tenancy. If you've been a tenant since the year dot it could well be different.

I suspect it'll be what I suggest, in which case you're negotiating a new lease which will give you a further 6 months security of tenure at least, as the landlord would have to wait this long before he could ask you to leave as long as you abide by the Ts & Cs of your tenancy agreement. If it stays as periodic, i.e. without getting a new AST, your landlord would only have to issue you notice on a rolling 2 month basis, but you would also only have to give 1 month notice (both ending on end of rent period dates).

If you're happy to stay there and your landlord is happy for you to stay, negotiating a new lease is not a problem.

[yeahbutno]

Is this a residential lease or a commercial?

This board is for commercial properties, and youll get a better response on "rental properties" if it's residential.

If it IS commercial, the landlord cannot give you any notice to quit at all IMO unless the original lease specifically excluded L&T Act tenure clauses.

[daveyjp]

Whilst negotiating your lease continues on the same terms as agreed in the original lease.