354. Surrender of lease: the position apart from statute.

A mortgagor has no general power to accept a surrender of a lease of the mortgaged property even if the lease was made by him under his statutory powers1. If a mortgagor has granted a tenancy before a mortgage which prohibits leasing without the mortgagee's consent, and subsequently without the mortgagee's consent purports to grant a new tenancy to the same tenant, the fresh grant is invalid and any surrender of the original tenancy by operation of law is ineffective

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