The mortgagee and tenant may agree to have as between themselves the relationship of landlord and tenant1. Such an agreement destroys the old lease between the mortgagor and tenant and creates a tenancy between mortgagee and tenant2. Payment of rent by a tenant to the mortgagee is evidence of a new tenancy3. The terms of the tenancy are ascertained by evidence and inference from the facts, and are not necessarily those on which the tenant held under the mortgagor
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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