Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mesne profits definition

What does Mesne profits mean? Mesne profits are damages for the value of use and occupation of land during a period of wrongful possession. They are payable by a person who remains in, or enters into, possession without a right to do so (for example, a tenant holding over after lease expiry or a trespasser) to the person entitled to possession. In practice, mesne profits are commonly claimed with possession proceedings and trespass to land claims. They accrue from the date the defendant’s right to possession ended until vacant possession is delivered. They are not rent but are usually assessed by reference to the...

Guidance on landlord claims for use and occupation, mesne profits, double rent and double value, with valuation, defences and possession claims (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note sets out guidance on claims for ‘use and occupation’ or mesne profits, and on when double rent or double value can be sought.

Claims for use and occupation

A claim for use and occupation arises where land is occupied without an express agreement stipulating the rent. In such cases, the landlord may sue to recover a reasonable sum for the land’s occupation. The recovery takes the form of damages for breach of an implied promise to pay for using the land. The claim only lies where the tenant actually entered the premises with the landlord’s permission, and not as a trespasser (in which event, see Mesne profits below). The landlord must establish an express or implied contract with the occupier and must hold the legal estate (Morgell v Paul (1828) 2 Man & Ry KB 303 (not reported by LexisNexis®)). A legal title by estoppel is enough, for example where the premises have been let to the defendant, or where the defendant has recognised the landlord’s title by paying rent (Fisher v Marsh (1865) 6 B & S 411 (not reported by LexisNexis®)). The level of compensation will be...

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Web page updated on 21/05/2026

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