Quennell v Maltby 
- A landlord owned a mortgaged house, which he let out to a tenant
- He wished to take possession of the house, but couldn’t as his tenant was a statutory tenant
- As there was only £1,000 outstanding on the mortgage, the landlord’s wife bought out the mortgage and sought possession herself
- Could the wife take possession?
- Although on the face of the claim for possession, the wife could take possession irrespective of protective tenant legislation, a court is entitled to look behind a formal legal relationship
- As the wife was not enforcing her security against her husband, but rather acting on behalf of her husband against the tenant, possession would be denied
Posted in Land Law Revision Notes.
This page was last updated on 28th April 2015