Tenant holding over on expiry of fixed term: rent expressed to be weekly

In Ladies’ Hosiery and Underwear Limited v Parker ([1930] 1 Ch. 304) T held over at the end of a three year lease. The rent was paid weekly and was expressed as a weekly rent. During the holding over, no rent was paid to L and there was no agreement that L was to have a new lease of any type. There was no tenancy from year to year.

Did L’s acquiescence combined with receipt of the rent (had rent been received) give rise to a yearly tenancy? No, since the rent was expressed to be weekly and was payable weekly (328 – 9 per Maugham J.).

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