T- Tenant
11/7/13
PARATUS AMC LTD v FOSUHENE [2013] EWCA Civ 827
The defendant occupied property under a tenancy purportedly granted without the claimant mortgagee’s consent. The court considered the principles to be applied when deciding whether the mortgagee had treated the tenant as its own [27]. Although the defendant had made payments directly to the mortgagee since 2009, the mortgagee was not bound by the tenancy because the defendant had not discharged the burden of proving that the mortgagee knew the payments were coming from the defendant as tenant rather than as payments on behalf of the mortgagor.
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