CA 14 April 1999. The first defendant (S) granted a tenancy of a property to Mr and Mrs B, the second defendants. Before then, S had mortgaged the property by a first mortgage to Nationwide Building Society and by a second mortgage was later assigned to the plaintiff (BCF). The second mortgage prohibited the grant of a tenancy without BCF's prior consent. In an earlier action by S to recover possession of the property from Mr and Mrs B, the judge found that a new tenancy of the property had been granted by Nationwide to Mr and Mrs B. Following the failure of S to pay mortgage instalments, BCF brought proceedings claiming possession. Those proceedings were dismissed by the county court judge on the ground that an order for possession could not be made in favour of a second mortgagee having regard to the tenancy held by Mr and Mrs B since it was not clear whether they were tenants of S or in possession as agents of Nationwide. BCF appealed. "Held" Appeal allowed.