Quennell v Maltby [1979]

Facts

• 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

Issue

• Could the wife take possession?

Decision

• No

Reasoning

• 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