Is it correct that whenever the rate of rent is altered, a fresh tenancy comes into being? If a landlord accepts enhanced rent during the period of the tenancy, does the earlier tenancy comes to an end and a new tenancy begins?. What does law say on this?
It is not correct to say that whenever a rate of rent is altered, a fresh tenancy come into being and the old tenancy stands surrendered by implication. The Landlord accepting an enhanced rent during the subsistence of tenancy say at the beginning of the 3rd year when the tenancy was for 5 years, it cannot be said that the arlier lease has been surrendered by implication. The old lease subsists and at the end of the term, the tenancy comes to an end by efflux of time.