Court's power to adjourn or suspend mortgage possession of a dwelling-house (AJA 1970 s.36)

A legal mortgagee has a right to possession in principle, but where the mortgaged land consists of or includes a dwelling-house and the mortgagee claims possession, s.36(1) of the Administration of Justice Act 1970 allows the court to exercise its powers if it appears that the mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage or to remedy any other default. Because Yusuf's mortgage is repayable by instalments, s.8 of the Administration of Justice Act 1973 means the "sums due" are only the arrears, not the whole debt, even if the mortgage contains an acceleration clause. Under s.36(2) the court may adjourn the proceedings or, on or after making a possession order, stay or suspend its execution or postpone the date for delivery of possession, for such period as it thinks reasonable, and s.36(3) allows conditions, such as regular payments towards the arrears. Yusuf's evidence shows he is likely to clear the arrears within two years while paying his instalments, so the court may grant this relief rather than order immediate possession.

Why A is wrong: The mortgagee's right to possession is subject to the court's statutory discretion under s.36 for dwelling-houses.

Why B is wrong: Section 36 sets no 28-day limit; the court may act for such period or periods as it thinks reasonable.

Why D is wrong: Section 36 does not empower the court to rewrite the mortgage terms such as the interest rate.

Why E is wrong: Section 36 looks at whether the mortgagor can pay the sums due within a reasonable period, not whether he can repay the whole debt at once.