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Commercial First Business Ltd v Atkins: ChD 13 Jul 2012

(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:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 07 February 2022; Ref: scu.520886

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