The landlord may recover in a claim for mesne profits the damages which he has suffered through being out of possession of the land or, if he can prove no actual damage caused to him by the defendant's trespass, the landlord may recover as mesne profits the value1 of the premises to the defendant for the period of the defendant's wrongful occupation2. In most cases, the rent paid under any expired tenancy is strong evidence as to the open market value3. Mesne profits, being a type of damages for trespass, may be recovered in respect of the defendant's continued
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