558. Power to postpone, suspend or stay possession order in the case of a dwelling house subject to an unauthorised tenancy.

Where the mortgagee1 under a mortgage of land which consists of or includes a dwelling house2 brings an action (other than an action for foreclosure3) in which the mortgagee claims possession of the mortgaged property, and there is an unauthorised tenancy4 of all or part of the property, when making an order for delivery of possession of the property, the court may, on the application of the tenant5, postpone the date for delivery of possession for a period not exceeding two months6.

Where an order for delivery of possession of the property has been made but not executed, the court