299. Leases granted with mortgagee's consent.

299.     Leases granted with mortgagee's consent.

Where leasing is prohibited except with the mortgagee's consent, the onus of proving consent lies with the tenant1. A mortgagee who has recognised the tenant as his tenant cannot treat him as a trespasser and evict him2. A provision in the mortgage that a lessee is not to be concerned to see that consent for letting had been given may estop the mortgagee from asserting that the lease has been granted without consent3.

Recognition by the mortgagee of a tenant is a question of fact; receipt of money from a tenant is