58 Grant of new lease where interest of landlord or tenant is subject to a mortgage

58  Grant of new lease where interest of landlord or tenant is subject to a mortgage

(1)     Subject to subsection (2), a qualifying tenant shall be entitled to be granted a new lease under section 56 despite the fact that the grant of the existing lease was subsequent to the creation of a mortgage on the landlord's interest and not authorised as against the persons interested in the mortgage; and a lease granted under that section—

(a)     shall be deemed to be authorised as against the persons interested in any mortgage on the landlord's interest (however created or arising), and

(b)     shall be binding on those persons.

(2)     A lease granted under section 56 shall not, by virtue of subsection (1) above, be binding on the persons interested in any such

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