Possession Hearing: successful adjournment
Our Founding Partner - Sashi Pararajasingam - often appears for respondents in repossession matters.
Recently, our client approached us just three days before a Possession Hearing regarding his residential property (the “Property”). Rather unusually he approached us via an interested third party. Their instructions to us were that the third party secured a loan of £199,500 for refinance purposes in relation to the Property in 2023. The loan term had expired and the whole amount was due, in addition to legal costs and the Court fee. Overall, the total amount was over £259,000.
Our client’s instructions were that there was an Agreement in Principle in place for £260,000, and this loan would offer the Property as security under a first legal charge paying off the loan under the charge contained under the Third-Party Legal charge.
Based on these instructions, Sashi’s advice was to ask the Judge for an adjournment to allow time for the Agreement in Principle to realise. Alternatively, at a minimum ask for a delayed possession order. Sashi worked closely with Sankirtan Srenathan on this matter, to include drafting a detailed witness statement reflecting our client’s instructions.
During the hearing, Sashi asked the Judge for an adjournment on the basis of there being an Agreement in Principle in place. Sashi asked for a higher figure of 56 days (rather than the standard 28 days which is more frequently sought in these circumstances). She asked for this on the basis that 56 days would be a good amount of time for the mortgage to realise, resulting in our client being able to adequately remedy the arrears.
The receiver’s Counsel strongly opposed this on the basis of delayed re-finance and a lack of communication from our client. The Judge recognised these concerns, and asked Sashi for permission to address our client directly on these matters. Despite the Judge recognising the opposing Counsel’s concerns, the Judge ultimately said he was swayed by Sashi’s argument that there was a provision in the law to adjourn the matter for 56 days (and acknowledged sight of the Agreement in Principal).
This was a significant result for our client as it allowed him some much-needed time to assure his finances are in order, so that the sum owed could be settled. Our client was very happy with the result and said:
“At very late notice Sashi dealt with my case with great professionalism accompanied with a friendly and understanding approach. Sashi constantly kept me informed and advised right throughout the harrowing experience of court process and got a ruling I was praying for. A big thank you to Sashi and the team”
If you need assistance with an upcoming Possession Hearing get in touch with us today. We will be able to advise you, even if the matter is just days away (or less).