... Tomlin as to their rights and remedies if any. Tomlin Tomlin is in a hard position; he has been effectively evicted in his absence from his lodgings. Lawrence, in defaulting on the mortgage has prompted Maugham to apply for possession and ultimately sell the house. A mortgagor, like Lawrence, whilst in possession has a statutory power that if appropriately used can grant certain leases in respect of the mortgaged land. It is customary for this leasing power to be modified or excluded in the lease. Here we lack clarification as to whether Maugham had agreed to the monthly tenancy or not. I believe it is safe to assume Maugham has not received notice of it or agreed to the terms of the tenancy because Tomlin was not in turn made aware of the mortgage as would be expected in the circumstance. The modern land law has expanded in such a way ...

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