Overholding: What Happens When Your Tenancy Expires

Overholding refers to the situation where a tenant remains in their rented accommodation even after the termination date specified in a valid notice of termination has passed. It’s important to recognize that overholding represents a breach of both your tenancy agreement and your landlord’s rights. This scenario often arises when tenants struggle to secure alternative housing once their tenancy agreement concludes. However, it’s crucial to understand that the inability to find alternative accommodation doesn’t grant you the legal right to continue residing in your rented space.

When you find yourself in an overholding situation, it’s essential to continue fulfilling your tenant obligations, including timely rent payments. It’s crucial to note that your landlord’s acceptance of rent during overholding does not imply an agreement to extend the tenancy.

If you happen to be overholding, your landlord is likely to escalate the matter to the Residential Tenancies Board (RTB) to initiate the process of having you vacate the property. The RTB will review the case and may issue a determination order, legally instructing you to leave. Should you choose to remain in the rented accommodation after receiving an RTB determination order, your landlord has the option to seek enforcement through the District Court, potentially leading to your eviction. In such cases, you might be responsible for covering both your legal costs and your landlord’s.

It’s worth noting that if you are renting a room within your landlord’s home, you may not be covered by residential tenancies legislation, which could result in a different legal process. Your landlord may opt to obtain an injunction or change the locks to compel your departure.

One significant consequence of overholding is the potential harm it can cause to your future rental prospects. Landlords may be hesitant to provide you with a reference due to the breach of your previous tenancy. For more detailed information about overholding and the legal implications, you can refer to the RTB website.

Overholding: What Happens When Your Tenancy Expires