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An amount payable by a person in possession or occupation of land in circumstances when that person has no right to be in possession or occupation.
Mesne profits are the monies payable by the person in possession or occupation to the person who has a better right to possess or occupy. They are calculated as the value of remaining in possession or occupation for the relevant period.
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Obtaining and enforcing an order for possession—checklist This Checklist sets out a non-exhaustive list of steps to consider when making a possession claim following the end of a lease, and enforcing any order obtained. For detailed guidance, see Practice Notes: • Possession proceedings and • Enforcing a judgment or order for possession of land Preliminary checks Confirm entitlement to possession: • confirm that any fixed term has expired or (if the tenancy was periodic) that valid notice to quit was given and has expired (see Practice Note: Periodic tenancies) • in the case of a business lease, check that the tenancy was not protected by the Landlord and Tenant Act 1954 (see Practice Note: LTA 1954 business lease renewal—termination) • in the case of a residential tenancy, check that the tenant had no security of tenure (see Practice Note: A summary of types of private residential tenancies) Choose the correct court: • select the appropriate County Court hearing centre for property location • if wishing to issue in the High...
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This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. The landlord may bring a claim to recover a reasonable rent for the land so occupied. Compensation is recovered as damages for breach of an implied agreement to pay for the use of the land.The claim lies only if the tenant has actually entered on the premises with the landlord’s permission, not as a trespasser (in which case see Mesne profits below). The landlord must show an express or implied contract with the occupier, and they must have the legal estate (Morgell v Paul (1828) 2 Man & Ry KB 303 (not reported by ÑÇÖÞÉ«ÇéÍø®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant, or where the defendant has recognised...
Property key future developments tracker—2017 archive The Property key future developments tracker tracks key upcoming developments of interest to property lawyers. Once a development occurs, it is moved into the archive for the relevant year. This is the archive for events that occurred in 2017. Appeal cases What happened? When? Find out more Possession proceedings - mesne profits Farrar v Leongreen Ltd [2017] EWCA Civ 2211, [2018] All ER (D) 13 (Jan) The Court of Appeal handed down judgment on 21 December 2017. In Farrar v Leongreen Ltd [2017] EWCA Civ 2211, the Court of Appeal decided that a landlord who had successfully brought possession proceedings against its former tenant was not prevented, due to the principles of res judicata, from starting a new claim on the same grounds to recover mesne profits from that former tenant. The landlord was relying, in the second action, on causes of action distinct from the cause of action on which it had relied in the first action....
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Schedule — Annual Rent based on rents received or rents receivable Calculation and payment of Annual Rent [Additional definitions for inclusion in the general definitions clause in the main body of the Lease] Annual Rent • the amount determined and payable in accordance with Schedule [number of this Schedule in the Lease]; [Approved Licence • a licence to occupy an area within the [Property OR Building OR Centre OR in the form of the draft attached at Appendix 1 [(with any modifications that the Landlord [requires OR and the Tenant may from time to time agree OR in writing)];] [Approved Underlease • an underlease of [a Lettable Unit OR part of the Property OR Building OR Centre] ] in the form of the draft attached at Appendix 2 [(with any modifications that the Landlord requires OR and the Tenant may from time to time agree] in writing)];] 1 Definitions In this Schedule, the following definitions apply: Accountant • the person appointed...
Particulars of claim for forfeiture for breach (other than rent arrears) 1 The Claimant is the [freehold OR leasehold] owner of the premises known as [insert description of premises] (‘Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. 2 By a lease dated [insert date] between [insert landlord name] and [insert tenant name][ and [insert guarantor name]] (‘Lease’), the Premises were let for a term of [insert term eg 5 years] from [insert term commencement date] at an [initial] rent of £[insert amount of annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 3 Pursuant to clause [insert clause reference] of the Lease the Defendant covenanted to [insert description of tenant obligation]. 4 In breach of the Lease the Defendant has [insert details of breach of covenant]. 5 On [insert date of service of section 146 notice] the Claimant served upon the Defendant a notice pursuant to section 146...
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A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired? Where a landlord has served a valid...
Where following the expiry of a section 25 notice, a tenant fails to issue proceedings, but remains in occupation for a period of time, can the landlord recover sums for the tenant’s continued use and occupation of the property for the period from expiry of the notice up to when the tenant vacates, without the risk of creating a new tenancy? Where a tenant stays on at a property after expiry of their lease, the landlord is entitled to ‘mesne profits’. The usual measure is the letting value of the premises for the period of holding over, whether or not the landlord would have let them to someone else. The previous passing rent is often taken to reflect the letting value, but if that is not appropriate the landlord may seek an up to date valuation. Mesne profits are payable on a daily basis for the period from expiry of the lease until the former tenant gives possession. For details, see Commentary: Mesne profits: Hill and Redman's Law of Landlord...
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This week’s edition of PI & Clinical Negligence weekly highlights includes a news analysis on a gas explosion and the engagement of res ipsa loquitur. We also have an analysis on actionable damage in a mesothelioma case. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.
Arbitration analysis: Mrs Justice Carr, in the Commercial Court, allowed an appeal on questions of law under section 69 of the Arbitration Act 1996, (AA 1996), finding that a partial final award of a two member London Maritime Arbitrators Association (LMAA) tribunal, in a dispute relating to the termination of a bareboat charterparty, should be varied to the effect that the owners were entitled to terminate and to have the vessel re-delivered. The tribunal had found no breach of a condition of the contract by the charterers and had refused to grant injunctive relief to the owners under AA 1996, s 48(5). The decision is of interest for its discussions of what constitutes a condition in a contract and of issues of mixed fact and law and of commercial experience and judgement.
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