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View the related practice notes about Mesne profits

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

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 occupationA 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 ÀÏ˾»úÎçÒ¹¸£Àû®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant, or where the defendant has recognised...

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Schedule — Annual Rent based on rents received or rents receivable

Schedule — Annual Rent based on rents received or rents receivable Calculation and payment of Annual Rent [Additional definitions for inclusion in the general definitions clause in the main body of the Lease] Annual Rent • the amount determined and payable in accordance with Schedule [number of this Schedule in the Lease]; [Approved Licence • a licence to occupy an area within the [Property OR Building OR Centre OR in the form of the draft attached at Appendix 1 [(with any modifications that the Landlord [requires OR and the Tenant may from time to time agree OR in writing)];] [Approved Underlease • an underlease of [a Lettable Unit OR part of the Property OR Building OR Centre] ] in the form of the draft attached at Appendix 2 [(with any modifications that the Landlord requires OR and the Tenant may from time to time agree] in writing)];] 1 Definitions In this Schedule, the following definitions apply: Accountant • the person appointed...

Particulars of claim for forfeiture for breach (other than rent arrears)

Particulars of claim for forfeiture for breach (other than rent arrears) 1 The Claimant is the [freehold OR leasehold] owner of the premises known as [insert description of premises] (‘Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. 2 By a lease dated [insert date] between [insert landlord name] and [insert tenant name][ and [insert guarantor name]] (‘Lease’), the Premises were let for a term of [insert term eg 5 years] from [insert term commencement date] at an [initial] rent of £[insert amount of annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 3 Pursuant to clause [insert clause reference] of the Lease the Defendant covenanted to [insert description of tenant obligation]. 4 In breach of the Lease the Defendant has [insert details of breach of covenant]. 5 On [insert date of service of section 146 notice] the Claimant served upon the Defendant a notice pursuant to section 146...