278. Claim for use and occupation.

Where there is a valid and subsisting tenancy agreement, or an agreement for lease, a claim may be brought in contract for rent; but it is doubtful whether a claim for use and occupation may be brought1. A claim for use and occupation is now of practical importance only in situations where there is occupation of land without such an agreement.

Wherever the landlord has permitted the defendant to occupy his land with the intention of creating the relationship of landlord and tenant, the landlord may bring a claim for use and occupation to recover a reasonable return2 for the