What is Tenancy at will ?
The term "Tenancy at will" literally means a tenancy under which the tenant is in possession, and which can be determined (i.e. terminated) at the will of the lessor or the lessee.
The terminability of the "tenancy at will" at the instance of the lessor or lessee at any time is its main characteristic.
In another words, in the case of tenancy at will either party to the lease, the lessor or the lessee may at any time determine the tenancy.
According the words of Woodfall, "A tenancy at will is where land and tenements are let by one man to another to hold at the will of the less or and the lessee is called 'tenancy at will' because he has no certain or sure estate, for the lessor may put him out at and time he pleases."
According to Halsbury, "A tenancy at will is a tenancy under which the tenant is in possession and which is determinable at the will of either landlord or tenant."
Tenancy at will vs Tenancy from Month to Month
Distinction between A 'Tenancy at will' and 'Tenancy from Month to Month'.
Tenancy from month to month :-
- In the case of tenancy from month to month the parties can be certain about the duration for a minimum period.
- In the case of tenancy from month to month the parties can be certain that the trenancy would last at least for one month and it may extend that period.
Tenancy at will :-
- In the case of tenancy at will neither party to the lease can be sure about the duration of the lease.
- The tenancy may last for years or it may come to an end within an hour. The tenant may have the leased premises at any time he likes and end the relationship of landlord and tenant similarly the landlord may call upon the tenant to quit the premises at a moments notice.