Leasehold estates held by tenants
Four types of leasehold estates exist and can be held by tenants. The interests are classified by the length of their term:
- a fixed-term tenancy, simply known as a lease and legally called an estate for years;
- a periodic tenancy, usually referred to as a rental;
- a tenancy-at-will, also known as an estate at will; and
- a tenancy-at-sufferance, commonly called a holdover tenancy.
A fixed-term tenancy lasts for a specific length of time as stated in a lease agreement
Periodic tenancies also last for a specific length of time, such as a week or a month. Under a periodic tenancy, the landlord and tenant agree to automatic successive rental periods of the same length of time, such as in a month-to-month tenancy, until terminated by notice by either the landlord or the tenant. [See RPI Form 551]
In a tenancy-at-will the tenant has the right to possess a property with the consent of the fee owner. Tenancies-at-will can be terminated at any time by an advance notice from either the landlord or the tenant or as set by agreement. Tenancies-at-will do not have a fixed duration, are usually not in writing and a rent obligation generally does not exist.
A tenancy-at-sufferance