ABSTRACT

Where T remains in possession of the land after the expiry of his lease without L’s assent or dissent,55 a tenancy at sufferance arises. A tenant at sufferance differs from a trespasser in that his original entry was lawful, and from a tenant at will in that his tenancy exists without L’s consent. L may claim possession at any time, and he is entitled to claim compensation for T’s ‘use and occupation’. The relationship may be converted into a periodic tenancy by the payment and acceptance of rent.