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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 317
Notice about proposed action of mortgagee
317 Notice about proposed action of mortgagee
(1) This section applies if— (a) residential premises are subject to a
mortgage; and
(b) after the premises become subject to the mortgage, a
residential tenancy agreement is entered into for the premises; and
(c) the
mortgagee under the mortgage does not consent to the tenancy; and
(d) the
mortgagee, or another person appointed under the mortgage (the
"appointed person" ), has become entitled to obtain possession of the
premises.
(2) The mortgagee must not obtain possession of the premises
unless, at least 2 months before obtaining possession, the mortgagee or the
appointed person gives the tenant notice in the approved form informing the
tenant that possession is to be obtained. Penalty— Maximum penalty—50
penalty units.
(3) The appointed person must not obtain possession of the
premises unless, at least 2 months before obtaining possession, the
appointed person or mortgagee gives the tenant notice in the approved form
informing the tenant that possession is to be obtained. Penalty—
Maximum penalty—50 penalty units.
(4) In this section—
"obtain" includes take.
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