tenancy

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A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly.
Until the end of the lease period (often measured in decades or centuries; a 99-year lease is quite common) the leaseholder has the right to remain in occupation as an assured tenant paying an agreed rent to the owner. Terms of the agreement are contained in a lease, which has elements of contract and property law intertwined.
The term estate for years may occasionally be used. This refers to a leasehold estate for any specific period of time (the word "years" is misleading, as the duration of the lease could be a day, a week, a month, etc.) An estate for years is not automatically renewed.
Colloquially, "lease" and "leasing" are often a formalization of a longer, specific period as compared with a "rental" that created a tenancy at will, terminable or renewable at the end of the lease period.

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  1. G

    NSW Alleged breach of tenancy Lease

    Had a neighbour from hell living above my flat.Continually abused me and my daughter.who lives next door.Went on for about 4 months.Real estate did nothing re any of my complaints.Now they accuse me of :Tenant has threatened ,abused,intimidated or harassed the landlord or landlords agent/other...
  2. JazKaz

    Tenancy paid with labour?

    Someone offered to fix up my friend’s house whilst staying at the house for accomodation rather than paying rent money. It has no bathroom or ammenities but they offered to fix it up. Can they write up a written agreement to live there and fix the property up without paying rent? Also what...
  3. J

    QLD Expiry of Notice period for end of tenancy

    Hello, my parents have a commercial property with a tenant that pre existed their ownership. He refused to sign new lease terms or get the right Council approvals to occupy the premises. It was an acrimonious relationship. He was on a month to month holding over tenancy (REIQ Commercial...
  4. T

    NSW Mould in brand new rental property unit: who is responsible? Builder, landlord, or tenant?

    I have a brand new apartment unit that is currently tenanted. During this year’s winter (the first winter that the apartment has experienced), the tenants raised a complain to the property manager about moulds developing inside the unit. The property manager organised two separate inspections...
  5. S

    NSW Tenancy rental agreement - Discrepancy of term dates

    Hello - my husband and myself have signed a standard form residential tenancy agreement. Under the terms portion, it states "26 weeks starting on 29/11/2019 and ending on 28/11/2020". Furthermore, we received an official welcome letter stating "we have been approved for a 6 month lease". The...
  6. M

    QLD Who can be a landlord

    Hi, Simple question that I cannot seem to find an answer to anywhere online. In Qld, if a property is owned by two people legally, and they separate but don't divorce, can one owner rent the house as a Landlord? Or both owners would need to be sign the rental tenancy as the Landlord? Thanks in...