Claims for use and occupation, mesne profits, double rent and double value


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes

Claims for use and occupation, mesne profits, double rent and double value


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
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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 occupation

A 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 ³ÉÈËÓ°Òô®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant, or where

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mesne profits definition
What does Mesne profits mean?

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.

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