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Landlord Possession Law

Mesne Profits — Damages for Unauthorized Occupation UK

Mesne profits (pronounced 'meen profits'): damages for unauthorized occupation of land after tenancy has ended. Not rent (which requires a subsisting tenancy) — claim in damages for trespass to land. Assessed at open market rental value for period of unauthorized occupation (may differ from expired contractual rent). Arises on: residential holdover after fixed-term expiry/s.21 order; commercial holdover without LTA 1954 application; post-forfeiture occupation during relief application; squatter occupation. Commercial tenants with LTA 1954 protection not in mesne profits territory during statutory continuation — landlord applies for interim rent under LTA 1954 s.24A instead. Limitation Act 1980 s.5: 6 years from each daily accrual. Scotland: 'violent profits' — traditionally double market rent; modern practice: open market value.

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026mesne-profitspossessionholdovertrespass

What Are Mesne Profits?

Damages (or quasi-contractual claim for use and occupation) for unauthorized occupation of land after the tenancy has ended. Not rent — rent requires a subsisting tenancy. Trespass basis: former tenant remaining after tenancy ends is a trespasser; mesne profits are compensatory damages for that trespass. Assessed at open market rental value for the period of unauthorized occupation — may be more or less than the expired contractual rent. Each day of unauthorized occupation gives a fresh cause of action; mesne profits accrue daily until possession is recovered.

When Do Mesne Profits Arise?

Residential holdover: tenant remaining after fixed-term expiry and valid s.21/possession order — mesne profits from date order takes effect. Commercial holdover (non-LTA 1954): commercial tenant without LTA 1954 protection holding over after contractual expiry — mesne profits at open market rate. Post-forfeiture: commercial tenant remaining during relief from forfeiture application — mesne profits accrue during this period. Squatters: trespassers; landowner recovering possession can claim mesne profits for period of unauthorized occupation.

Quantum

Open market rental value for the period of unauthorized occupation — independent RICS valuation evidence for high-value disputes. Market above contract rent: mesne profits at higher market rate. Market below contract rent: mesne profits limited to lower open market rate. Daily rate: county court possession orders typically include daily mesne profits rate from date of order until vacant possession. Landlord cannot use mesne profits to recover above-market damages.

LTA 1954 and Limitation

LTA 1954 protection: commercial tenant applying for new tenancy under LTA 1954 has statutory right to remain — not a trespasser; mesne profits do not arise during statutory continuation. Interim rent (LTA 1954 s.24A): landlord applies for interim rent assessed at open market value during continuation — different mechanism from mesne profits. Contracted-out leases: no LTA 1954 continuation rights; tenant holding over is immediately in mesne profits territory. Limitation (LA 1980 s.5): 6 years from each daily accrual.

Claims Process and Scotland

County court possession claim: include mesne profits claim with daily rate in particulars of claim — granted alongside possession order. Post-order enforcement: if defendant does not vacate, enforce via warrant of possession; accruing mesne profits recoverable as judgment debt. Scotland — violent profits: Scottish equivalent; historically double market rent as punitive measure for unauthorized retention; modern Scots courts apply open market value baseline. Take specialist Scottish legal advice for Scottish possession disputes.

Frequently asked questions

What are mesne profits?+

Mesne profits are damages a landlord can recover for a former tenant's unauthorized occupation after the tenancy has ended. They are not rent (which requires a subsisting tenancy) but are assessed at the open market rental value for the period of unauthorized occupation. The former tenant remaining without legal right is technically a trespasser; mesne profits are compensatory damages.

How are mesne profits calculated?+

At the open market rental value of the property for the period of unauthorized occupation. If the current market rent is higher than the former contractual rent, the landlord recovers at the higher rate. County court possession orders typically include a daily mesne profits rate continuing until vacant possession is given.

Do mesne profits apply to commercial tenants under LTA 1954?+

No — a commercial tenant who duly applies for a new tenancy under LTA 1954 has a statutory right to remain in occupation during the continuation period. They are not trespassers and mesne profits do not arise. The landlord can instead apply for an interim rent under LTA 1954 s.24A, assessed at open market value.

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