- 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