Berkshire Capital Funding Ltd v Street et Al: CA 27 May 1999

Rights of a first lender to grant tenancies must be respected, and override the rights of a second mortgagee to possession. A mortgagee in possession has full power to grant a tenancy. A mortgagee is not limited by the section.

Citations:

Times 27-May-1999

Statutes:

Law of Property Act 1925 99

Jurisdiction:

England and Wales

Land

Updated: 10 May 2022; Ref: scu.78359