A contract to make or accept an authorised surrender of a lease of mortgaged land1 may be enforced by or against every person on whom the surrender, if completed, would be binding2.
The statutory powers of accepting surrenders3 do not authorise a surrender which could not have been accepted by the mortgagor4 with the concurrence of all the incumbrancers5 before 1 January 19126, but the mortgagor and mortgagee7 may by agreement in writing, whether or not contained in the mortgage8
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234