[2009], 22 June 2009. The case relates to a claim for possession following a sale and rent back transaction. The second and third defendant (J), after falling in arrears for the payment of their mortgage, decided to sell their property to a sale and rent back company, Repossessions Stopped (R). At the time of the transaction, they were assured of being able to remain in the property for the rest of their lives as long as they observed the conditions of tenancy. That right would be passed on to their daughter, should they pass away. R bought the property but later fell in arrears with the mortgage to the claimant M. M sought repossession of the property occupied by J. J argued that they were assured tenants. M contested this and rejected any responsibility towards J. "Held": application dismissed. The judge considered that J had an assured tenancy. J was entitled to their rights by proprietary estoppel. J's rights were overriding interests which took priority over the claimant right's under the mortgage. J has the right whether or not to set aside the transaction.