Paratus AMC Ltd v Fosuhene [2013] EWCA Civ 827

The borrower let a property without the lender’s consent and defaulted on loan. The tenant paid rent directly to the mortgage company and when the lender started proceedings for possession the tenant claimed that the payments to the lender made the tenancy binding on the lender. There was nothing to connect those payments to the occupier of the property, but it was claimed that the lender’s agent was aware that the property was let following their visit to the property. The court