Quennell v Maltby [1979] 1 WLR 318

Written By Nicolas Heyes

Court of Appeal

Basic Facts: The landlord leased a house without bank consent and later tried to evict tenants after the mortgage debt was paid off.

Issue for the Court: When can claims for possession be made?

Held: The court ruled that a mortgagee could not obtain possession for a collateral purpose unrelated to the mortgage, particularly when there was a breach of trust.

Lord Denning MR held:

  • Equity should prevent a mortgagee from seeking possession unless the claim is bona fide and for enforcing the security.

  • Claims should not be made for ulterior motives, protecting tenants from unfair evictions.

Nicolas Heyes
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