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The letting of mortgaged property

Comment 10th August 2010

Idea: let it be a criminal offence (or else a civil wrong triggering a damages claim) for a mortgagor [owner who mortgaged property] to let it out to T without first obtaining- and producing to T) the mortgagee's written consent. Why should an [innocent] mortgagee be able to evict an [innocent] T, just because a [guilty] L failed to ask for consent to sublet?

Why does this matter?

Tenants do rightly have protection- e.g. Housing Act 1988.

L can effectively evade that by scamming T and letting without mortgagee's consent.

How unfair is that?!

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