New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 39.3A

39.3A Sheriff to be informed of persons in occupation of land

(1) This rule applies to--

(a) a writ for the possession of land, and

(b) a writ for the levy of property in respect of which a notice of sale of land has been filed as referred to in rule 39.22(1)(b).

(2) If the Sheriff so requests, the judgment creditor or other person for whose benefit the writ has been issued must inform the Sheriff as to whether any person is in occupation of the land pursuant to a right of occupation under a residential tenancy agreement, within the meaning of the Residential Tenancies Act 2010 .

(3) A reference in this rule to a residential tenancy agreement within the meaning of the Residential Tenancies Act 2010 is taken to include a reference to a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987 as in force before its repeal.