In Crossley Brothers Limited v Lee (1908) it was held that the relationship between a tenant and a landlord is similar to the relationship between a mortgagor and a mortgagee.
The tenant purchased an engine which was affixed to the floor with bolts and then defaulted on the rent. The landlord took his property back and the question that arose was whether the engine was a fixture or a chattel. If the engine had become a fixture it was a permanent feature of the property and the landlord was entitled to it.
The Divisional Court held that the engine had become a fixture and could not be removed from the property and added that the tenant-landlord relationship is similar to the mortgagor-mortgagee relationship.
The decision may have been made in light of the fact that there may have been an arrears and to allow the landlord to recover some of his losses.
Copyright © 2019 by Dyarne Jessica Ward