Norgan
Can arrears be paid off before end of term
This is the starting point
Considerations include reasons for arrears
I&e
Abbey national v mewton
Court entitled to infer from poor payment record that unlikely to meet further payments
Habib bank v tailor
Repayable on demand mortgages, s8 not engaged
State bank of New South Wales v Carey Harrison III
Outside of section 36 administration of justice act 1970 there is no inherent power to delay c right to possession ie suspend or adjourn
Town & country building society v Julien
It is for the mortgagor to show that he is likely to pay the arrears in a reasonable period of time
First national bank v Syed
Where payments required to suspend the possession order are manifestly beyond the means of the D, court should not exercise power under s36
Cheltenham & Gloucester v Krausz
If dealing with negative equity , court cannot give D more time to sell unless evidence that short fall can be made up by other means
Cheltenham & Gloucester building society v gratidge
When seeking money judgment , Mortgagee is entitled to whatever sum is due and payable under the mortgage terms
Halifax plc v taffs
Right to possession does not fall away once crystallised
