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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 384
Notice about proposed action of mortgagee
384 Notice about proposed action of mortgagee
(1) This section applies if— (a) rental premises are subject to a mortgage;
and
(b) after the rental premises become subject to the mortgage, a
rooming accommodation agreement is entered into for a room in the rental
premises; and
(c) the mortgagee under the mortgage does not consent to the
rooming accommodation agreement; and
(d) the mortgagee, or another person
appointed under the mortgage (the
"appointed person" ), has become entitled to obtain possession of the rental
premises.
(2) The mortgagee must not obtain possession of the rental premises
unless, at least 30 days before obtaining possession, the mortgagee or the
appointed person gives the resident notice in the approved form informing the
resident that possession is to be obtained. Penalty— Maximum
penalty—50 penalty units.
(3) The appointed person must not obtain
possession of the rental premises unless, at least 30 days before obtaining
possession, the appointed person or mortgagee gives the resident notice in the
approved form informing the resident that possession is to be obtained.
Penalty— Maximum penalty—50 penalty units.
(4) In this section—
"obtain" includes take.
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