Quennell v Maltby & Anor [1978] EWCA Civ 1 (15 November 1978)

Quennell v Maltby & Anor [1978] EWCA Civ 1 (15 November 1978)

Equity will restrain a mortgagee or transferee from obtaining possession where the purpose is not to enforce the security but to circumvent statutory tenant protections under the Rent Acts; the court will look to the substance over form and deny possession sought for ulterior motives.

Citation
[1978] EWCA Civ 1
Parties
Appellant/defendant: Quennell; Respondent/plaintiff: Maltby and Another
Jurisdiction
England and Wales
Judgment Date
15 November 1978
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; action for possession dismissed.
Legal Topics
Mortgages, Statutory Tenancy, Rent Acts, Possession Proceedings, Equitable Relief
Land Law Equity Landlord and Tenant Mortgages Statutory Tenancy Rent Acts Possession Proceedings Equitable Relief

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Parties

Quennell

Appellant/defendant

Maltby and Another

Respondent/plaintiff

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a transferee of a mortgage can obtain possession for an ulterior purpose contrary to the Rent Acts
  2. 2 Whether equity restrains enforcement of legal rights for ulterior motives

Ratio Decidendi

Equity will restrain a mortgagee or transferee from obtaining possession where the purpose is not to enforce the security but to circumvent statutory tenant protections under the Rent Acts; the court will look to the substance over form and deny possession sought for ulterior motives.

Court Disposition

Appeal allowed; action for possession dismissed.

Orders

  • Action for possession dismissed
  • Costs awarded to appellants (defendants below) in Court of Appeal and below