Jones v London Borough of Merton

Jones v London Borough of Merton

A tolerated trespasser's liability to pay mesne profits ends when he gives up possession of the premises, not when the landlord is notified. In this case, Mr Jones gave up possession in November 2005 when he removed his remaining possessions from the flat, despite having earlier ceased to reside there and communicated his intention to leave.

Parties
Appellant: Anthony Jones; Respondents: The Mayor and Burgesses of the London Borough of Merton
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Civil Appeal / Appeal From Croydon County Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Tolerated Trespassers, Mesne Profits, Possession, Notice to Quit, Surrender of Tenancy
Land Law Housing Law Tolerated Trespassers Mesne Profits Possession Notice to Quit Surrender of Tenancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Anthony Jones

Appellant

The Mayor and Burgesses of the London Borough of Merton

Respondents

Procedural Posture

Civil Appeal / Appeal From Croydon County Court to Court of Appeal

Legal Issues

  1. 1 Does a tolerated trespasser's liability to pay mesne profits end upon giving up possession or only upon notifying the landlord?
  2. 2 When did the appellant give up possession of the flat for the purposes of liability for mesne profits?

Ratio Decidendi

A tolerated trespasser's liability to pay mesne profits ends when he gives up possession of the premises, not when the landlord is notified. In this case, Mr Jones gave up possession in November 2005 when he removed his remaining possessions from the flat, despite having earlier ceased to reside there and communicated his intention to leave.

Court Disposition

Appeal allowed in part

Orders

  • Judge's order for payment of £3,200.77 set aside
  • Appellant to pay mesne profits to Merton for the period 10 October 2005 to 15 November 2005 in the sum of £343.36