Section 138 — Property Law Act 2007: Mortgagee may not enter into or take physical possession if mortgagee has consented to lease

138 Mortgagee may not enter into or take physical possession if mortgagee has consented to lease (1) If a mortgagee has consented to a lease of all or part of the mortgaged land or goods, the mortgagee may not, in accordance with section 137(1)(a) , enter into or take physical possession of any land or goods that are subject to the lease, except in the exercise of a power conferred by section 147 . (2) Subsection (1) applies whether the consent was given, or the lease was entered into, before or after— (a) the mortgagee entered into the mortgage; or (b) the default occurred; or (c) the goods became at risk. Compare: 1952 No 52 s 106