Where the lessee of a property continues to hold possession of the property without consent of Lessor after determination of lease the lessee is called?
The expression ‘holding over’ refers to retaining possession. There is a distinction between a tenant continuing in possession of the property after the determination of the lease, without the consent of the landlord, and a tenant doing so with the consent of the landlord. The former is called a tenant by sufferance.
What is a continuing tenancy?
Periodic or continuing lease It is a tenancy for an indefinite period of time. It is typically used when a fixed term lease has expired. You automatically move to a periodic agreement if the tenant continues renting the property once the fixed term agreement ends, and no new agreement is signed.
Where tenant continues to hold the possession even after the expiry of the notice such tenancy is called?
In case a tenant is wrongfully staying in the house even after termination of the term or expiry of the lease without the consent of the landlord, it is a case of tenancy at sufferance and according to the courts there is little difference between such a tenant and a trespasser.
What can be transferred as an actionable claim?
As per the Transfer of Property Act, Actionable Claim means: a claim to any debt other than a debt secured by mortgage of immovable property or hypothecation or pledge of movable property or. Claim to any beneficial interest in the movable property not in the possession, either actual or constructive, of the claimant.
What is a holdover clause?
A hold-over clause in a commercial lease typically provides that if a tenant remains in possession of the leased premises after the expiration of the stated lease term, the tenant must pay rent to the landlord in an amount substantially in excess of the rental rate at the end of the term – often as high as 150 percent …
Which property can be transferred and which property Cannot be transferred?
An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred. A mere right to sue cannot be transferred.
Is rent an actionable claim?
In the first case, the arrears of rent will be recoverable as an actionable claim under Section 130 of the Transfer of Property Act; in the second case, perhaps, the transferee may recover the arrears of rent under Section 109 of the Transfer of Property Act without applying the proviso.
What is actionable claim example?
An actionable claim, as defined under GST Act, is a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil …