What is the main characteristic of a tenancy at sufferance?

A tenancy at sufferance occurs when a tenant remains in possession of the property after their lease has expired without the landlord's consent. This situation arises when the tenant has not vacated the premises at the end of the lease term, leading to a scenario where they are essentially "holding over" in the property. The key aspect here is that the tenant's presence is not authorized beyond the agreed-upon lease period, distinguishing it from other types of tenancy.

This type of tenancy does not originate from a new lease agreement or a mutual decision; instead, it results from the tenant's failure to leave the property. It is important to note that while the landlord may choose to accept rent payments during this time, this acceptance does not automatically convert the tenancy at sufferance into a new tenancy.

The other options do not accurately depict the nature of a tenancy at sufferance. It is not created by mutual agreement, does not require a notice period to terminate as the tenancy arises from a default situation, and is not a tenancy that must be established in writing since it occurs automatically upon the expiration of a lease. Overall, the defining feature of a tenancy at sufferance is that it occurs specifically due to a tenant's continuation in possession after the lease has expired