Hi, just wondering if anyone has used section 18 of the Distress For Rent Act 1737 when taking action to evict a tenant who is unwilling to leave the property.
The Distress for Rent Act says that if the tenant gives notice to terminate the tenancy but then doesn’t leave on the termination date then I can charge him double the rent.
Would really appreciate any guidance regarding applying this.
Thanks
Wow How did you manage to dig this one out?
I’ve certainly heard of this requirement to pay double rent after notice period. That has been referenced here on the forum before, so worth a search of the forum, but am not aware of the details.
I knew someone who used it but it’s a solicitor who has to do it as it’s so easy to make a mistake
Also bear in mind that the tenant could pay double first month then nothing!
Thanks for the advice. Will do.
It’s called ’ Mesne Profit’ . It’s in the case of a tenant holding over after they have given valid notice to quit and the LL has accepted the notice from them. Shelter have advice about it in their website.
I dont know anyone thats used it in practice, but my understanding is that you have to be careful not to confuse Mesne profits with rent. I believe youd need to collect it in arrears and be clear that its calculated as a daily charge for holding over. Any confusion could end up creating a new tenancy.
I came across this years ago in the context of commercial property but didn’t learn very much about the detail of how it works. Like any question concerning rent it’s the enforceability that counts, and of course a claim for mesne profits would have to go to court if it was contested, which in the context of a private residential letting would be uneconomic.
It’s in a landlord law blog . She references another solicitor who raised it