000			02314cad a22003735a 4500
001			L144356
008			080714e20080616xxk v 000 0 eng d
035			_a(Sirsi) u144356
041	0		_aeng
245	0	0	_aJones v London Borough of Merton _h[electronic resource]
260			_c2008
520			_a[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.
590			_aKA
650	2	4	_aJONES V LONDON BOROUGH OF MERTON
650	2	4	_aHOUSING ACT 1985 PART IV
650	2	4	_aHOUSING ACT 1985 S83
650	2	4	_aHOUSING ACT 1996 PART VII
650	2	4	_aBURROWS V BRENT LBC
650	2	4	_aHOUSING AND REGENERATION BILL 2007
650	2	4	_aLAMBETH LBC V ROGERS
650	2	4	_aHARLOW DC V HALL
650	2	4	_aBRISTOL CITY COUNCIL V HASSAN AND ANOTHER
650	2	4	_aSWORDHEATH PROPERTIES V TABET
650	2	4	_aSOUTHPORT TRAMWAYS CO V GANDY
650	2	4	_aHENDERSON V SQUIRE
650	2	4	_aDUNN V BRADFORD MDC
650	2	4	_aJA PYE (OXFORD) LTD V GRAHAM
650	2	4	_aJOHN LAING CONSTRUCTION LTD V AMBER PASS LTD
650	2	4	_aPROTECTION FROM EVICTION ACT 1977
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL PROPERTY TENURE
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/660.html _zView the case free of charge at www.bailii.org...
942			_n0
999			_c80443 _d80443