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RESIDENTIAL TENANCIES ACT 1997 - SECT 91ZZK

Notice by mortgagee

    (1)     Subject to subsection (4), if a mortgagee in respect of rented premises under a mortgage entered into before the residential rental agreement was entered into becomes entitled to possession of, or to exercise a power of sale in respect of, the premises under a mortgage, the mortgagee may give the renter a notice to vacate the premises.

    (2)     The notice must specify a termination date that is not less than 60 days after the date on which the notice is given.

    (3)     If the mortgagee exercises a right conferred by subsection (1) in relation to a residential rental agreement, this Division, Part 5 and Part 7 have effect as if a reference to a residential rental provider under a residential rental agreement included a reference to the mortgagee.

    (4)     A notice to vacate must not be given by a mortgagee if the mortgagee has expressly or impliedly consented to the mortgagor entering into a residential rental agreement in relation to the rented premises, regardless of when the residential rental agreement was entered into.

S. 91ZZL inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).



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