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The ability of the debtor to continue to reside in the PPR

The objective of the court review procedure is to allow the debtor to continue to reside in their PPR. Section 115A(9)(b)(iii) and 115A(9)(d) cover this aspect of the test. The key factor is that the cost of allowing the debtor to reside in their PPR should not be disproportionally large. This may be a factor for example if the loan repayments will be large or if the PPR requires substantial work to be done to it to render it habitable.

A decision maker is not expected to conduct the sort of examination an accountant/PIP might of the debtor’s finances in order to determine whether or not the debtor will be able to continue to reside in the PPR. However if it is obvious in the circumstances of the case that the debtor will not realistically be able to do so then this might form a reason for refusal having regard to sections 28(2)(c) and (e).