Overholding

Overholding is when a tenant remains in a property after a valid notice of termination has expired.

A tenant is overholding where they continue to occupy the property  on a date after the expiry of the notice period specified in a valid Notice of Termination served by the landlord. In such a situation the tenant must continue to  pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy. Where a landlord, either verbally or in writing, withdraws a Notice of Termination, the tenancy will then continue

Regardless of the circumstances of a case, a tenant can only be ordered to vacate a rented dwelling on the expiration of a valid Notice of Termination