(1) in what circumstances is a mortgagee of commercial investment property entitled to withhold its consent to a letting of that property, where it is a term of the mortgage that ‘the Mortgagor will not let or grant a licence or tenancy in respect of the Property, or any part of it (nor agree to do so) without the prior written consent of the Lender’; and (2) what consequences follow if such a mortgagee withholds its consent in circumstances where it is not entitled to do so. Whilst these questions arise in the specific context of a mortgage of commercial investment property, the answers may have a potentially wider application for mortgagors of ‘buy-to-let’ residential properties.
Judges:
His Honour Judge Hodge QC
Sitting as a Judge of the High Court
Citations:
[2012] EWHC 4388 (Ch)
Links:
Jurisdiction:
England and Wales
Land
Updated: 07 February 2022; Ref: scu.520886