Mesne profit (mesne profits)

"Mesne" (pronounced "mean") is an old legal word for "in between". Mesne profits cover the period between the end of a tenancy and the day the landlord gets the property back.

Once a notice to quit expires, or a fixed term ends, the former tenant no longer owes rent. If they stay on, the landlord cannot simply keep charging rent without risking creating a new tenancy. Instead, the landlord claims mesne profits in the court case to recover the property.

What the law says now (Lagos). The Tenancy Law of Lagos State 2011 defines mesne profits by reference to the rent and profits a tenant holds over during occupation, and it requires a landlord's claim to state the rate being claimed. The court sets the amount on the evidence, usually the rent the property could fetch.

Case law. Older Nigerian cases treat mesne profits as damages for trespass, running from the time the occupier's right to stay ended. The Supreme Court has allowed mesne profits against tenants who held over after their tenancy ended.

What may change. The 2025 Lagos tenancy Bill would make a tenant who appeals a possession order undertake to keep paying rent or mesne profits, and utility bills, until the appeal ends.

Why landlords use it. If a landlord keeps accepting rent after the tenancy has ended, a court may treat that as a new tenancy, and the landlord would have to start the notices again. Claiming mesne profits instead keeps the position clear: the occupier is paying for the time they stay, not renewing.

For tenants. If your tenancy has ended and you are still in the property, mesne profits can add up. Seek legal advice early and keep records of every payment you make.

• Lagos: the claim is made under the 2011 Tenancy Law, alongside the claim for possession.
• Abuja (FCT) and other states: mesne profits are claimed under the general law and the local recovery-of-premises law. Courts apply the same core idea.