347. Determination of tenancy created by attornment clause.

The statutory provision which regulates the length of notice to quit which is required to be given in the case of premises let as a dwelling1 is intended to protect tenants under true residential lettings and not to protect mortgagors as such against their mortgagees2, but it seems that the provision may apply where the rent reserved by an attornment clause is not a mere nominal rent but a full rack rent, or where the terms of the mortgage oblige the mortgagor to reside personally on the premises3. The tenancy created by an attornment clause in a mortgage of