409. When entry can be made or proceedings brought without notice.

When the mortgagee has a right of entry and allows the mortgagor to remain in possession, he is not bound to give any notice to the mortgagor before entering1; similarly he can bring proceedings to recover the land without any previous notice or demand of possession2. The court will not interfere with the mortgagee's right to possession on account of the pendency of administration proceedings3, but the exercise of the right of entry may be subject to restriction under the Insolvency Act 19864.

A mortgagor has been described as a tenant at will5, but this analogy is misleading, and it

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