Which category of tenancy is established without a formal lease agreement but allows occupation of property?

The category of tenancy established without a formal lease agreement, allowing occupation of property, is tenancy at will. This type of arrangement exists when a landlord allows a tenant to occupy a property without a fixed term or formal lease. In a tenancy at will, the tenant has the permission of the landlord to stay in the property, but either party can terminate the arrangement at any time, typically with some form of notice.

Tenancy at will is particularly significant in situations where a tenant remains in place after a lease has expired, or where a casual agreement is made without formal documentation. The flexibility of this arrangement means it is less structured than other forms of tenancy, such as tenancy for years, which requires a specific timeframe outlined in a lease, or tenancy at sufferance, which occurs when a tenant overstays their lease without the landlord’s permission. The lack of a formal lease agreement distinguishes tenancy at will from these other tenancies, making it suitable for short-term or informal living arrangements.