How have the courts in England and Wales dealt with a mortgagee's claim for unpaid rent?

Saskatchewan, Canada


The following excerpt is from Eddy v. Trust & Loan Company, 1925 CanLII 228 (SK QB):

Also the Ontario case of Coldwell v. Hall, 9 Gr. 110, at p. 114. Vice-Chancellor Blake concluded his judgment by saying: The Master seems simply to have inquired after one matter, and that was, could the mortgagee have possibly procured a higher rent than he has done. He found this against the defendant, and then implied as a result that there must have been wilful default or neglect. The authorities show that, in addition to this question, must be considered whether the small or lost rent arose from the gross default, mismanagement, or fraud, of the person sought to be charged; and, if not, an account of actual receipts alone can be had in favor of the mortgagor.

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