References: (1853) 9 Exch 14
Coram: Alderson B
Ratio: A mortgagor in possession continues to have a legal right to receive the rents in his own name. However since he had no legal interest in the reversion, he could not forfeit for breach of covenants in the lease.
This case is cited by:
- Cited – Scribes West Ltd v Relsa Anstalt and others CA (Bailii, [2004] EWCA Civ 1744, [2005] 1 WLR 1847)
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 15-Nov-16
Ref: 276787
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