- A mortgagor fell into arrears on mortgage payments
- Could the mortgagee take possession?
- Could this possession be postponed under section 36 of the Administration of Justice Act 1970?
- Possession allowed, but postponed until the end of the mortgage term (so effectively denied)
- The starting point for a reasonable period of postponement under s 36 is the remaining mortgage term
- But there must be consideration given to:
- A mortgagor’s budgets
- How much the mortgagor could pay, both now and in the future
- How temporary the mortgagor’s difficulties in paying will last
- How much of the original mortgage term is left
- Why have arrears accumulated
- When is repayment due
- Is it reasonable to deny the recouping of interest by a mortgagee as originally planned