In breach of mortgage covenant with bank, Q let his
house to tenants.
Tenants then became protected by Rent Act.
Tenancy binding on Q but not bank.
Q wanted to sell house with vacant possession.
Asked bank to bring action for possession but they
Q’s wife then paid off mortgage debt, took transfer of
mortgage from bank and claimed possession.
Court of Appeal held wife not entitled to possession
Lord Denning MR –
Possession must be sought bona fide and reasonably for
the purpose of enforcing the security, and then only subject to such conditions
as court might impose.
Here possession sought with motive other then
enforcing security or due payment – wanted to sell at profit.
[Denning’s proposition has received little support