(1) If a mortgagee in respect of an SDA enrolled dwelling becomes entitled to possession of, or to exercise a power of sale in respect of, the SDA enrolled dwelling under a mortgage, the mortgagee may give the SDA resident a notice to vacate the SDA enrolled dwelling.
(2) A notice to vacate under this section—
(a) must specify the ground on which the notice is given; and
(b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and
(c) must be signed by the mortgagee; and
(d) must be given to—
(i) the SDA resident; and
(ii) the SDA resident's guardian or the SDA resident's administrator, if any.
S. 498ZZD(3) amended by No. 19/2019 s. 191(1)(2).
(3) The mortgagee must notify the Chief Executive Officer of the NDIA, the Public Advocate and the Director of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient.
Penalty: 60 penalty units.
S. 498ZZD(4) amended by No. 19/2019 s. 191(3)(4).
(4) The mortgagee must notify the Public Advocate and the Director of the details of a notice to vacate within 24 hours of the notice being given to a CoS supported accommodation client.
Penalty: 60 penalty units.
Division 11—Regaining possession—possession orders and warrants
Subdivision 1—Applications for possession orders
S. 498ZZE inserted by No. 38/2018 s. 293.