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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 242
Transfer by lessor
242 Transfer by lessor
(1) The lessor must— (a) if the lessor proposes to transfer the lessor’s
interest in the premises to another person (the
"buyer" )—give written notice of the tenancy to the buyer; and
(b) if the
lessor transfers the interest subject to the tenancy—give written notice of
the transfer (the
"attornment notice" ) to the tenant.
(2) The attornment notice operates as an
attornment as tenant to the buyer by the tenant at the rent, and on the other
terms of the agreement applying when the notice is given, but only if the
notice— (a) states the buyer’s name and address; and
(b) directs the
tenant to make all future payments of rent to the buyer.
Note— An
attornment is an acknowledgement of the tenancy relationship between the
tenant and new lessor.
(3) However, if an amount for rent is unpaid when
the attornment notice is given, the amount may be recovered by the former
lessor as a debt owing to the former lessor by the tenant.
(4) Subsection (1)
(a) applies whether the transfer is proposed to be made with vacant possession
or subject to the tenancy.
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