A mortgage had been granted, but a twenty year rent free licence had not been disclosed. The bank came to seek possession, and was met with the assertion of the licence. The court at first instance had refused an injunction, saying that the appellant had behaved unconscionably in failing to disclose the licence.
Held: The appellant was estopped from relying upon the licence since he had himself procured the mortgage. The bank was not fixed with notice under section 199 of the Act.
Citations:
(1981) 260 EG 493
Statutes:
Jurisdiction:
England and Wales
Estoppel
Updated: 23 March 2022; Ref: scu.219182
