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Mortgages: Lenders and unlawful tenants
Mark Pawlowski considers the rights of a lender when faced with an unlawful tenant on the mortgaged premises ‘Mere knowledge of the tenancy on the part of the lender was not enough and what had to be shown was a conscious decision not to contest the validity of the tenancy.’Most mortgages contain a prohibition on …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Britannia Building Society v Earl [1990] 1 WLR 422
- Chatsworth Properties Ltd v Effiom [1971] 1 WLR 144
- Cohen v Tanner [1900] 2 QB 609
- Dudley and District Benefit Building Society v. Emerson [1949] Ch 707
- Kelly v Rodgers [1892] 1 QB 910
- Nijar v Mann (1998) 32 HLR 223
- Quennell v Maltby [1979] 1 WLR 318
- Stratford v Syrett [1958] 1 QB 107
- Stroud Building Society v Delamont [1960] 1 WLR 431
- Woolwich Building Society v Dickman [1996] 3 All ER 204