New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 122

122 Mortgagee repossessions of rented properties

(1) Application This section applies if a residential tenancy agreement is terminated because the mortgagee in respect of the residential premises becomes entitled to possession of the premises and the former tenant under that agreement is given notice to vacate the premises by the Sheriff.

Note--: The Sheriff must give the former tenant not less than 30 days to vacate the residential premises (see section 7A of the Sheriff Act 2005 ).

(2) Former tenant may withhold or recoup rent etc The former tenant who is holding over after termination of the residential tenancy agreement--

(a) is not, during the period of 30 days following the date on which the tenant is given the notice to vacate, required to pay any rent, fee or other charge to occupy the residential premises, and

(b) is, if the former tenant has paid any rent in advance for any part of that period, entitled to be repaid the amount of that rent.

(3) Tribunal may order repayment to former tenant The Tribunal may, on application by the former tenant, order the repayment to the former tenant of any amount referred to in subsection (2).

(4) Inspection of residential premises by prospective purchasers The mortgagee (or any person acting on behalf of the mortgagee) is, during the period in which the former tenant is holding over after termination of the residential tenancy agreement, entitled to enter the residential premises to show the premises to prospective purchasers on a reasonable number of occasions, but only if the former tenant--

(a) is given reasonable notice of each such occasion, and

(b) agrees to the date and time of the inspection.

(5) Mortgagee not prevented from doing certain things This section does not prevent the mortgagee from--

(a) taking possession of the residential premises before the date specified in the notice to vacate if the former tenant voluntarily vacates the premises before that date, or

(b) changing (by written notice given to the Sheriff and the former tenant) the date specified in the notice to vacate to a later date, or

(c) entering into a new residential tenancy agreement with the former tenant in respect of the residential premises.

(6) Relationship with other laws This section has effect despite the terms of any court order, contract or other agreement.