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tenancy at will

A tenancy that can be terminated by the landlord or the tenant at any time. A tenancy at will usually arises by implication, when the owner of land allows a person to occupy it although he has no *fixed term, *periodic tenancy, or *licence (for example, when a landlord agrees that the tenant may *hold over). More rarely, a tenancy at will may be created by express agreement. If the landlord starts to accept rent on a regular basis, an ordinary *periodic tenancy is created. A tenant who holds over after a fixed-term *assured tenancy expires may have a *statutory periodic tenancy. A tenancy at will of business premises does not have the statutory protection given to a *business tenancy. In the case of residential premises, however, the usual statutory protection from *eviction will apply. A tenancy at will can be terminated by the landlord demanding possession or if either he or the tenant dies or parts with his interest in the land.

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