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High Court directs that payment of rents due to the lessor of a guesthouse be made to the receiver appointed over the property on the grounds that: (a) the bank's security was valid and there was no defect as to title; and (b) the complaint of overcharging that the lessor has made against the bank does not affect the validity of the appointment of the receiver or impair his power.
Whether rents should be paid to receiver - lessee of a guesthouse - lessor mortgaged the property to AIB Finance - receiver appointed because of default in repayments - whether the receiver is entitled to have the rent paid to him – lessor claims that there is a defect in the title of one of his mortgaged properties such that the bank did not acquire and does not hold his interest - argues that bank overcharged him interest on his loans, which impaired his capacity to service them - Dublin City Council held the freehold title and refused to sell it to the lessor - long lease - claims that the lease was void - executed a mortgage over his leasehold interest – fee simple conveyed subsequently to the lessor when a person's interest in land is mortgaged and the person then acquires the fee simple, the mortgage is deemed to attach to the fee simple – whether the bank held valid security - ground rents - acquisition of the fee simple - definition of "dwelling" - whether the property could be deemed to be a dwelling - statutory interpretation – purposive approach - whether it is open to a mortgagor who has furnished his title as security and it has been accepted as such to declare it to be invalid - validity of the bank's security - right to appoint a receiver.
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