CA 8 November 1989. The respondents (B) were mortgagees of premises under a mortgage deed between themselves and the mortgagor , the first defendant (E), dated 4 October 1985 for £43,630. By the date of the hearing E owed B over £5,000. E did not contest the claim for possession and was not present before the judge. However it was discovered that two brothers (A) were in occupation of the premises and were joined as second defendants. The premises were let to A three weeks after the mortgage deed was signed and had lived there ever since paying rent to E. The first they knew of proceedings was when they were served with a notice that the warrant of possession was about to be executed. They applied for suspension of the warrant and to become second defendants. The lease period was for nine months and after expiry of that period A became statutory tenant . The mortgage deed predated the tenancy agreement and prohibited any letting of the property without B`s consent. No consent was sou