Q&As

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?

read titleRead full title
Published on LexisPSL on 20/05/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • 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 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

Popular documents