Henderson v Squire: 1869

The court considered the case where a tenant sublet the premises and the subtenant unlawfully retained possession following the termination of both tenancies.
Held: The tenant, although himself out of possession, had not given – or restored – possession to the landlord, and he was liable to pay mesne profits. Blackburn J said: ‘The question is, where there is a tenancy . . whether there is an implied contract that the tenant shall not only go out of possession, but restore the possession to the landlord . . I think that there is such an implied contact.’


Blackburn J


(1869) LR 4 QB 170


England and Wales

Cited by:

CitedJones v London Borough of Merton CA 16-Jun-2008
The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease . .
CitedSecretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 May 2022; Ref: scu.269757