Claims for 'use and occupation' or mesne profits
Claims for 'use and occupation' or mesne profits

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Claims for 'use and occupation' or mesne profits
  • Mesne profits
  • Double value
  • Double rent
  • Claims for possession

A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. Where the landlord has allowed 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 satisfaction 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 intention of occupying as tenant. If he entered without any period for the tenancy being fixed, the landlord may recover in respect of the period of occupation only. If he entered under a contract fixing the period, the compensation is recoverable in respect of the whole period, even if occupation has not lasted so long.

The landlord must show an express or implied contract between himself and the occupier, and he must have the legal estate. A legal title by estoppel is sufficient, eg where he has let