Part IV Jurisdiction and Procedure

89 Restriction on discretion of court in making orders for possession of land.

1

Where a court makes an order for the possession of any land in a case not falling within the exceptions mentioned in subsection (2) below, the giving up of possession shall not be postponed (whether by the order or any variation, suspension or stay of execution) to a date later than fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than six weeks after the making of the order.

2

The restrictions in subsection (1) above do not apply if—

a

the order is made in an action by a mortgagee for possession; or

b

the order is made in an action for forfeiture of a lease; or

c

the court had power to make the order only if it considered it reasonable to make it; or

d

the order relates to a dwelling-house which is the subject of a restricted contract (within the meaning of section 19 of the 1977 Act); or

e

the order is made in proceedings brought as mentioned in section 88(1) above.