2. The initial lease in this case was made for a period of two years. Querist was therefore able to rent the premises safely from 6 October 1985 for a further period of nine months, without the tenant having the right to renew. According to the Previous Gatien, a janitor agreement could be concluded before the end of that period, on the basis of which Mr Doe would continue to ensaturate himself without rent for one week at the end of that nine-month period. As a janitor, Mr. Doe would not be a tenant and would keep the premises in trust for Querist during this period. During this one-week period, a new lease for a period of two years and nine months would be agreed and executed between the parties. If the facts of the Gatien case were strictly adhered to, Mr. Doe would set up a business and that company would take over the new lease.
If it were used in the present case, Querist would allow Mr. Doe as a tenant without being in a position where he would have renewal rights on a long-term lease. Lawyers often face the difficulty of advising a landlord wishing to extend or renew a short-term tenancy to a tenant about to take place. One of the most widely used ways is to allow the tenant to occupy the premises during a gap between the expiry of the lease and the new lease as a janitor.. . .