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  3. Law: Contract(s)

reçu à titre d'indemnité d'occupation

English translation: received as mesne profits > unofficial payment for \'squatter\'s\' etc. occupation

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:reçu à titre d\'indemnité d\'occupation
English translation:received as mesne profits > unofficial payment for \'squatter\'s\' etc. occupation
Entered by: Heather Phillips

16:35 Nov 17, 2020
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Rent receipt
French term or phrase: reçu à titre d'indemnité d'occupation
This is part of a set of documents of a person applying for a residence permit. Heading is QUITTANCE DE LOYER OU D'INDEMNITE D'OCCUPATION and the paragraph below this states that "Cette quittance ne fait pas novation et doit etre considérée comme RECU A TITRE D'INDEMNITE D'OCCUPATION si l'occupant n'a pas de titre régulier de location ou a reçu congé".
There are various suggestions online for INDEMNITE D'OCCUPATION, including OCCUPATION FEE/INDEMNITY/ALLOWANCE and I am assuming this receipt is used if the tenant does not have a standard rent agreement, but am a bit perplexed overally regarding this paragraph. Does anybody know exactly what this is a receipt for? Many thanks :)
Heather Phillips
United Kingdom
Local time: 17:19
received as mesne profits > unofficial payment for 'squatter's' etc. occupation
Explanation:
mesne pronounced mean/y/.

indemnité d'occupation > mesne profits: Bridge

Describing such payment as occupation *rent' verges on the careless / IMO professional negligence - my ex-City of London conveyancing & landlord & tenant dept. had been very picky on this distinction -and defeats the whole object of the exercise - which is to deny the title of the sitting tenant holding over under a contractual tenancy or of a squatter in unlawful possession in the first place.

Also, by the same token, it is risky calling such occupier a 'tenant' as that would bestow upon the 'occupant n'a pas de titre régulier de location ou a reçu congé' an undeserved security of tenure.

Obiter, the Law Society of E&W Standard - previously National - Conditions of Sale of Land / subsumes buildings in Eng law/ provides for payment of *interest on the purchase price* - effectively mesne profits - for a 'twilight-zone' buyer who goes into possession of a house or flat etc. between a contract of sale and completion of the conveyance.

What the scene is in the US of A and Canada, no doubt we will soon learn...
Selected response from:

Adrian MM.
Austria
Grading comment
Perfect in my context :)
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +6received as occupancy compensation
Eliza Hall
4received as mesne profits > unofficial payment for 'squatter's' etc. occupation
Adrian MM.


Discussion entries: 11





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
RECU A TITRE D'INDEMNITE D'OCCUPATION
received as mesne profits > unofficial payment for 'squatter's' etc. occupation


Explanation:
mesne pronounced mean/y/.

indemnité d'occupation > mesne profits: Bridge

Describing such payment as occupation *rent' verges on the careless / IMO professional negligence - my ex-City of London conveyancing & landlord & tenant dept. had been very picky on this distinction -and defeats the whole object of the exercise - which is to deny the title of the sitting tenant holding over under a contractual tenancy or of a squatter in unlawful possession in the first place.

Also, by the same token, it is risky calling such occupier a 'tenant' as that would bestow upon the 'occupant n'a pas de titre régulier de location ou a reçu congé' an undeserved security of tenure.

Obiter, the Law Society of E&W Standard - previously National - Conditions of Sale of Land / subsumes buildings in Eng law/ provides for payment of *interest on the purchase price* - effectively mesne profits - for a 'twilight-zone' buyer who goes into possession of a house or flat etc. between a contract of sale and completion of the conveyance.

What the scene is in the US of A and Canada, no doubt we will soon learn...

Example sentence(s):
  • indemnité d'occupation > occupancy compensation
  • Mesne (pronounced "mean") profits are sums of money paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation.

    Reference: http://www.wikiwords.org/dictionary/term/155368/309830
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86
Grading comment
Perfect in my context :)

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: The document is intended not for lawyers, but for members of the public, who wouldn't understand this term.
20 mins
  -> I did add 'unofficial payment', plus 'interest on the purchase price' payable by 'between-houses' buyers and that the Law Soc. of *E&W* of the asker's location: Nat. Conds. of Sale substituted 40 years ago for 'mesne profits'.
agree  Daryo: nothing wrong with "mesne profits" // the intended/target audience is supposed to be "au fait" with legal terms - and it's the target audience that matters.
14 hrs
  -> Thank, merci and lepo hvala..
neutral  AllegroTrans: Nothing wrong with meeeeesne profits but as it is so specific to common law/the UK I think it's best avoided; also E&W courts have abandoned the term in favour of "payment for use and occupation" when making possession orders
22 hrs
  -> Thanks for that, Chris, but I did add an unofficial-payment explanation for non-conveyancers, plus a Law Soc. 'interest on the purchase price' alternative.
disagree  Germaine: Lisez le reste de la phrase. Ne pas avoir un "titre régulier de location" (un bail!) ou avoir été libéré d'une entente ne fait de personne un squatter. + le demandeur fournit une quittance ou un REÇU; voir mon commentaire à Eliza.
6 days
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
received as occupancy compensation


Explanation:
As others have pointed out, "indemnité d'occupation" in this context is just rent by another name--the term is used, in place of "loyer," when there is no lease between the owner and the tenant.

When someone occupies an apartment/house/etc. without a lease, the occupant must compensate the owner for the loss of enjoyment of the property. Hence the term "indemnité": compensation paid for harm caused (the harm being the owner's inability to live there, rent to someone else or sell it).

This happens, for instance, when a tenant fails to move out at the end of their lease:
"Indemnité d’occupation : de quoi s’agit-il? Comment faire?

Le bail d’habitation conclu avec votre locataire a pris fin mais celui-ci refuse de quitter les lieux. Il n’est à présent plus un locataire mais un occupant sans droit ni titre. Vous pouvez dès lors lui demander une compensation financière. Celle-ci se distingue juridiquement du loyer, tout comme le locataire se distingue de l’occupant."
https://lagestionenligne.fr/indemnite-doccupation/

Or when a couple that owns a flat or house together separates, and one of them continues living there for however long it takes for a court to decide who gets what, or for the parties to get around to selling the place and splitting the sale proceeds:

"Quand un couple se sépare (divorce ou séparation de couples non mariés) il est fréquent que l’un des deux continue d’occuper le domicile familial.... celui qui reste vivre dans le bien commun ou indivis doit payer à l’autre une indemnité d’occupation..."
https://maprocedure.fr/88-couple/268-qu-est-ce-qu-une-indemn...

Eliza Hall
United States
Local time: 12:19
Specializes in field
Native speaker of: English
PRO pts in category: 60

Peer comments on this answer (and responses from the answerer)
agree  writeaway: clear English and clear explanation(s) https://www.lawinsider.com/clause/occupancy-compensation
2 hrs
  -> Merci.
agree  Daryo: but I wouldn't call it "rent by other name " // when you pay compensation for smashing neighbours' window with a football you wouldn't call that "buying the smashed window"?
10 hrs
  -> Fair point. Merci.
agree  AllegroTrans
18 hrs
  -> Thanks.
agree  philgoddard: Yes, it is rent by any other name. Rent doesn't require a signed lease - you could pay someone rent for sleeping on their couch.
19 hrs
  -> Thanks. If someone gives you permission to sleep on their couch, it's rent. If you're a squatter, it's occupancy compensation.
agree  Germaine: but it's not "received as" it's "a receipt for": quittance (release/discharge) applies to both rent and occupancy compensation, but the release/discharge for occupancy compensation will be considered a "receipt".
6 days
agree  Nikki Scott-Despaigne: E.g. Where a tenant has initially occupied property under a lease but has defaulted on the rent, the rlease may terminate or be terminated at some point. Payments beyond the date of termination are not "rent"https://www.orpi.com/lexique-immobilier/i/inde
13 days
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