Does a deposit of funds under a lease agreement constitute an equitable mortgage?
Saskatchewan, Canada
The following excerpt is from Klenman v. Isman, 1924 CanLII 82 (SK CA):
Moores v. Choat (1839) 8 Sim. 508, 8 L.J. Ch. 128 (59 E.R. 202), decided that a deposit of a lease by way of equitable mortgage does not render the depository liable for the rents and covenants.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a lease agreement enforceable to determine the ascertainment of the rent payable under a renewal lease? (Saskatchewan, Canada)
Can a vendor who sells a 40 year lease for 40 years, obtain a lease for another year after the lease has expired? (Saskatchewan, Canada)
Can a lessor terminate a lease agreement as to termination of the lease should the lessor become dissatisfied with the conduct of the business? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
Can a common law mortgage be construed as a lease? (Saskatchewan, Canada)
How have the courts interpreted a parol agreement where a landlord was induced to sign a lease with a promise that rabbits would be destroyed? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
What constitutes a material alteration to a mortgage? (Saskatchewan, Canada)
Is a landlord permitted to continue to claim the deposit of a tenant’s security deposit? (Saskatchewan, Canada)
