However, if your tenant survives his lease, you must go through the normal eviction process. This means that you are likely to report a formal eviction to your parish, attend a hearing before a judge and stick to the decision. “Holding over” refers to the date the tenant remains on the site after the initial tenancy period expires. Most commercial and retail leases contain a clause specifying what to do next. As a general rule, the lease is converted into a monthly lease where either the lessor or the tenant can terminate the lease with a one-month period. Under the new legislation, the necessary termination that a tenant must provide for the evacuation of a property has been reduced from 30 days to 21 days during the emergency period, both for periodic leases and for fixed-term leases that expire. If a tenant comes in at a later date, he is responsible for rents and maintenance of the property until the end of the 21-day notice, even if it goes beyond the expiry date of the tenancy agreement. When a lease ends, a tenant may choose to move, continue to pay rent as a monthly tenant or sign a new lease. If a tenant continues to pay rent at the end of a tenancy agreement, in most countries the terms of the expired tenancy agreement will be transferred to a monthly tenancy agreement. The landlord can only change the tenancy conditions if he has properly informed the tenant; Most countries require at least 30 days` notice to change the terms of a monthly lease. The absence of an option period may, in certain circumstances, force a tenant to hold the tenancy agreement. However, there are several reasons why the tenant may either want to or be asked by the landlord to maintain themselves. If you have decided to move, your landlord will probably want to get the property back on the market fairly quickly.
Many leases contain a clause that allows the lessor or broker to show potential tenants around the property as soon as it is on the market. If the tenant decides that he wants to stay in the property, there is a key factor that must be taken into account before the renewal of a lease: he must determine whether the lease has a rental security. This gives the tenant the automatic right to renew his tenancy agreement after expiry and is subject to the Landlords and Tenants Act 1954.