Carry over term in a lease

A carry-over term extends the term of a lease beyond the stated date of expiry by a periodic term, e.g. 'Expires ... and thereafter from year to year'. As the expiry date is unascertainable a lease with a carry-over term cannot be expired in the usual manner and must be surrendered or determined.

Holding over provision in a lease

A holding over provision contained within a clause in the lease allows the lessee to remain in possession of the property even though the lease has expired. The lease will be removed from the Torrens Title Register on expiry.