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tenancy

Broadly, the interest of one who holds land by any right or title. The term is often used in a more restricted sense, however, for the arrangement in which the owner (the *landlord) allows another person (the tenant) to take possession of the land for an agreed period, usually in return for rent. There are many ways of establishing a tenancy, from a formal *lease by deed to an informal verbal arrangement. The latter is legally binding on the parties if it satisfies the requirements for an *agreement for a lease (for example, by the tenant taking possession). A tenancy can also come into existence through statute law (see *statutory periodic tenancy).

The different kinds of tenancy are: tenancy for a *fixed term, *joint tenancy, *periodic tenancy, *tenancy at sufferance, *tenancy at will, *tenancy by estoppel, and *tenancy in common. The terms and conditions of tenancies vary considerably according to the kind of tenancy and the wishes of the parties. There are many statutory controls which affect tenancies, particularly in relation to *security of tenure and rent. See also *assured tenancy.

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