A mere holding over by a tenant after the expiration of his lease and the acceptance of rent by the landlord are evidence but not conclusive proof of the creation of a tenancy from
year to year; the test is whether it was the intention of the parties to create such a tenancy and this is a question of fact

The protection of tenants under s.l2(1) of the Rent Restriction Ordinance, 1953 extends to persons who began as tenants and continued
in occupation without any legal right to do so, except possibly such as the Ordinance itself confers; an agreement in the contract of tenancy to give up possession on a named day does not prevent the Ordinance from applying and a failure to give up possession does not amount to a breach of an obligation of the tenancy in terms of exception (a) to s.12(1) which will render the section ineffective (page 11, lines 18-24; page 12, lines 18-21).