How many extensions would a court allow before the court eventually refuses further extensions?

I have just been talking to a prospect that got in touch with us through our website and I found out that his situation was (in our experience) very unusual. He has been in mortgage distress for some while now, but what was really unusual was that he had previously had been granted two eviction orders form the court and was now applying to have a third!

This really got my curiosity, so much so that I felt compelled to research just how many extensions a court would allow before eventually refusing any further extensions, this is what I found:

Courts can grant extensions or suspensions of repossession orders in cases of mortgage arrears, but there is a limit to how many times this can be done before the court will eventually refuse further extensions. Generally, if you can demonstrate the ability to meet your current mortgage payments and gradually pay off the arrears, courts often allow suspensions or adjournments. You can ask for a “time order” under Section 36 of the Administration of Justice Act (1970), which gives you more time to clear arrears if you can demonstrate a viable plan for catching up​.

However, if you repeatedly fail to adhere to repayment agreements or miss further payments, the court may stop granting further extensions. The decision is highly dependent on your individual case and the borrower’s circumstances. For example, if a you show that your financial situation is unlikely to improve or consistently breaks previously agreed repayment plans, the court is more likely to grant an outright possession order​.

According to Shelter, there are cases where borrowers have been able to obtain multiple extensions, but ultimately, courts prioritise the lender’s right to recover the debt. If, after several adjournments or suspended orders, the borrower fails to show progress in clearing the arrears or paying the mortgage, the court will likely proceed with the repossession.

Specific cases of multiple extensions have occurred, but details of such cases are often not publicly available due to privacy concerns. However, there are documented instances where courts have allowed multiple delays, especially if the borrower could demonstrate temporary hardship or a plan to sell the property, but in the end, the courts will eventually issue an outright possession order if repayments are not met​.

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