Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 318

318 Acceptance of rent does not operate as consent

(1) This section applies if—

(a) residential premises are subject to a mortgage; and

(b) after the premises becomes subject to the mortgage, a residential tenancy agreement is entered into for the premises; and

(c) the mortgagee under the mortgage does not consent to the tenancy.

(2) If the mortgagee, or another person appointed under the mortgage, makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the residential tenancy agreement, the mortgagee’s or person’s action does not operate as a consent to the tenancy.