Section 25(5) of the 1873 Act did not give to a mortgagor any power of re-entry or right of forfeiture which he did not have before the Act. Romer LJ described the mortgagor’s position before the 1873 Act: ‘He had certain equitable rights and certain restricted legal rights. As an example of the former, he has a right to restrain by injunction the tenant from doing injury to the land. As an example of a legal right, he is entitled to receive the rents payable by the tenant, and to distrain at law as bailiff for the mortgagee. But before the Judicature Act 1873, the mortgagor was not entitled to say that he had the legal reversion which would entitle him to sue on the covenants of the lease. It is clear, having regard to the state of the authorities, that the mortgagor had no implied authority to act on behalf of the mortgagee and re-enter for breach of covenants . .’
Judges:
Romer LJ
Citations:
[1900] 2 QB 535
Statutes:
Cited by:
Cited – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 May 2022; Ref: scu.276789