½Û×ÓÊÓƵ

View the related checklists about Mesne profits

Obtaining and enforcing an order for possession—checklist

Obtaining and enforcing an order for possession—checklist This Checklist sets out a non-exhaustive list of steps to consider when making a possession claim following the end of a lease, and enforcing any order obtained. For detailed guidance, see Practice Notes: • Possession proceedings and • Enforcing a judgment or order for possession of land Preliminary checks Confirm entitlement to possession: • confirm that any fixed term has expired or (if the tenancy was periodic) that valid notice to quit was given and has expired (see Practice Note: Periodic tenancies) • in the case of a business lease, check that the tenancy was not protected by the Landlord and Tenant Act 1954 (see Practice Note: LTA 1954 business lease renewal—termination) • in the case of a residential tenancy, check that the tenant had no security of tenure (see Practice Note: A summary of types of private residential tenancies) Choose the correct court: • select the appropriate County Court hearing centre for property location • if wishing to issue in the High...

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 ½Û×ÓÊÓƵ®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant, or where the defendant has recognised...

Ireland—Summary procedure in the High Court

Ireland—Summary procedure in the High Court What is summary procedure Summary procedure is an expedited and streamlined procedure available in the High Court allowing a case to be dealt with without pleadings and on affidavit evidence. The claim must be readily quantifiable, and the defendant must not have a stateable defence. The procedure is designed to provide an inexpensive and expeditious resolution in cases suitable for the procedure. Classes of case to which summary procedure may apply. Order 2, Rule 1 of the Rules of the Superior Courts (RSC) provides that procedure by summary summons may be adopted in the following classes of case: ‘(1) In all actions, save an application for a European order for payment under Order 42C, where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising: (a) upon a contract express or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or (b) on...

View the related precedents about Mesne profits

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...

View the related q&as about Mesne profits

A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired?

A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired? Where a landlord has served a valid...

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 details, see Commentary: Mesne profits: Hill and Redman's Law of Landlord...

View the related News about Mesne profits

PI & Clinical Negligence weekly highlights—23 June 2022

This week’s edition of PI & Clinical Negligence weekly highlights includes a news analysis on a gas explosion and the engagement of res ipsa loquitur. We also have an analysis on actionable damage in a mesothelioma case. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.

On AA 1996, s 69 appeal, Commercial Court finds LMAA tribunal should have granted injunctive relief (Silverburn Shipping v Ark Shipping (M/V ‘ARCTIC’))

Arbitration analysis: Mrs Justice Carr, in the Commercial Court, allowed an appeal on questions of law under section 69 of the Arbitration Act 1996, (AA 1996), finding that a partial final award of a two member London Maritime Arbitrators Association (LMAA) tribunal, in a dispute relating to the termination of a bareboat charterparty, should be varied to the effect that the owners were entitled to terminate and to have the vessel re-delivered. The tribunal had found no breach of a condition of the contract by the charterers and had refused to grant injunctive relief to the owners under AA 1996, s 48(5). The decision is of interest for its discussions of what constitutes a condition in a contract and of issues of mixed fact and law and of commercial experience and judgement.