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RESIDENTIAL TENANCIES ACT 1997 - SECT 207ZI

Notice by mortgagee of Part 4A park

    (1)     A mortgagee of a Part 4A park may give a site tenant a notice to vacate a Part 4A site if the mortgagee becomes entitled to possession of, or to exercise a power of sale in respect of, the Part 4A park under a mortgage.

    (2)     The notice to vacate must specify a termination date that is—

        (a)     on or after the date of the end of the fixed term and not less than 365 days from the date of the notice to vacate, if the site agreement is a fixed term site agreement that was entered into—

              (i)     before the mortgage was granted in respect of the Part 4A park; or

              (ii)     after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or

        (b)     not less than 365 days from the date of the notice to vacate, if the site agreement is a periodic site agreement that commenced—

              (i)     before the mortgage was granted in respect of the Part 4A park; or

              (ii)     after the mortgage was granted in respect of the Part 4A park and is consistent with the terms of the mortgage agreement; or

        (c)     not less than 90 days from the date of the notice to vacate, if the site agreement—

              (i)     was entered into after the mortgage was granted in respect of the Part 4A park;
and

              (ii)     is inconsistent with the terms of the mortgage agreement.

Subdivision 6—Notices under this Division

S. 207ZJ inserted by No. 45/2018 s. 239 (as amended by No. 1/2021 s. 97).



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