The Land and Conveyancing Law Reform (Amendment) Act 2019 (the “Act”) introduces a list of factors that must be taken into consideration by the Court before an order for possession can be granted or refused. The Act builds upon the protections given to borrowers under the Personal Insolvency legislation, which allows the Court to adjourn proceedings to facilitate a borrower getting a proposal together for a Personal Insolvency Arrangement (“PIA”).
The Act does not apply in all circumstances. For the Act to apply the property must be the Principle Private Residence of the borrower or a spouse/civil partner and one of the following needs to be met;
The factors that must be taken into consideration are;
In evaluating what is proportional, the Court may have regard to;
There is unlikely to be a radical change in the process of getting an order for possession as judges were previously considering these factors in an informal way. However, there is the potential this will increase delays and costs in the Court process, especially where a valuation will be required. It is therefore imperative that the appropriate steps are taken, and checks made prior to seeking an order for possession.