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Insights: S36 Administration of Justice Act !970

As part of the ‘Insights’ series of my blog, I will be providing case-by-case details, starting with the case below, to allow better understanding of the kind of work I undertake as a solicitor.

Last week I found myself in Weymouth County Court, defending a possession proceedings by a building society against my client. There were no arrears, the mortgage had simply come to the end of its term. The client wanted to sell the property himself rather than submit to a forced sale by the building society and the inevitable financial loss.

I recommended an application under S36 A of J 1970 which provides:

1. Where the mortgagee under a mortgage of land consists or includes an action in which he claims possession of the mortgaged property ………… The court may exercise any of the powers conferred by subsection 2 below if it appears to the court that in the event of its exercising the power the mortgagor is likely within a reasonable period to pay any sums due under the mortgage or remedy any defect.

2. The court may:

(a) Adjourn the proceedings

(b) On giving judgement or making an Order for delivery of possession of the mortgaged property at any time before the execution of such Judgement may:

  • Stay or suspend execution of the Judgement or

  • Postpone the date for delivery of possession

The Judge having listened to the arguments agreed to delay the sale for three months to enable the sale by the client himself which would enable the sale by the client to take place.

It was also made clear that if progress was made within that period it was open to make a further application which the judge hoped the building society would deal with by consent.

If I can provide you with further insights into the work I do or help you with any proceedings you require, please contact me.


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