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RESIDENTIAL TENANCIES ACT 2010 - SECT 122
Mortgagee repossessions of rented properties
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.
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