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Cheltenham & Gloucester Building Society v Norgan [1996]

Facts

  • A mortgagor fell into arrears on mortgage payments

Issue

  • Could the mortgagee take possession?
  • Could this possession be postponed under section 36 of the Administration of Justice Act 1970?

Decision

  • Possession allowed, but postponed until the end of the mortgage term (so effectively denied)

Reasoning

  • 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
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