A claim for rent is clearly different from a claim in respect of use and occupation.
METAL CONSTRUCTION (W.A.)
Rent is different from mesne profits. Rent is liquidated, mesne profits are not. Rent is operative during the subsistence of the tenancy, while mesne profits start to run when the tenancy expires and the tenant holds over.
The modern conception of rent is that it is a payment which a tenant is bound by contract to make to his landlord for the use of the property let: Property Holding Co. Ltd. v. Clark (1948) 1 All E.R. 165 at p. 173. Strictly speaking rent should be paid on demised premises: see Duke of Westminster v. Store Properties Ltd. (1944) 1 All E.R. 118
Rent is different from mesne profits. Rent is liquidated, mesne profits are not. Rent is operative during the subsistence of the tenancy, while mesne profits start to run when the tenancy expires and the tenant holds over. The action for mesne profits does not lie unless either the landlord has recovered possession, or the tenant's interes
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