[2008] EWCA Civ 660, 16 June 2008. Appellant (J) appealed against decision that he was liable for mense profits as a tolerated trespasser of his local authority flat after giving up possession. J had been secure tenant and local authority had obtained a possession order based on rent arrears. J had been shot at the property and had decided not to return to it, informing the local authority, but retaining the keys. J asked a friend to remove possessions from the flat and local authority held arrears of rent. Judge held that J had been liable to pay mesne profits as a tolerated trespasser until the local authority accepted the tenancy as concluded. Held: appeal allowed. A former tenant who remained in possession at the end of an ordinary tenancy (not one secured under the Housing Act 1985 Part IV) ceased to be liable for mesne profits when he gave up possession, regardless of notice. Until he removed his possessions from the flat J remained in factual possession and the fact that he retained the keys to the flat was not significant.