Periodic tenancy: creation: holding over
There is no yearly tenancy where a tenant holds over at the end of a fixed term without paying rent and where there is no evidence of an intention to create a yearly tenancy. If a tenant holds over and rent is expressed and paid in weekly terms then this is evidence that militates against an intention to create a yearly tenancy (Ladies’ Hosiery and Underwear Limited v Parker)
Periodic tenancy: notice to quit
The parties can agree that the notice period for the landlord and the tenant respectively can be different from each other (Allison v Scargall)
Provided the requirements of certainty are observed a temporary restriction can be imposed on a landlord’s right to serve a notice to quit (Breams Property Investment Co Limited v Stroulger)
Valid service of a notice to quit brings a periodic tenancy to and end and cannot be revoked (though the parties can agree to grant a new lease) (Clarke v Grant )
