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Do Mesne Profits Apply?

LANDLORD FORUMCategory: OtherDo Mesne Profits Apply?
Jack Button asked 2 months ago

Hi,

I rented a shop from the local borough for 5yrs on a contracted out lease, it expired April 18 and it wasn’t until Aug 19 I was placed on a tenancy at will. Negotiations fell flat as the council didn’t want to accept the rent equivalent as an invoice for this period or through a backdated lease as it could mean I argued security of tenure. I left in September 19, as the council wanted a large premium on top of rent for a contracted out lease expiring in just mar 21. The council were seeking to keep their options open for redevelopment, and so ignored my requests for a lease, nothing was ever put in writing and my rent was returned.

Had there have been an invoice for this period, I would have paid and argued security of tenure. Also, if I believed they had a case for mesne profits after leaving, I would also have paid.

The council are threatening court action for this sum of money, now it does not compromise their position, and are requesting a "reasonable offer".

Where do you believe I stand?

1 Answers
Marc Attwater Staff answered 2 months ago

when you say contracted out you mean outside the 1954 Act?

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