Western Australian Current Acts

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112 .         Further remedies of mortgagee or annuitant

        (1)         Subject to the provisions of section 112A besides his other remedies every mortgagee or annuitant for the time being and every transferee of a mortgage or charge for the time being shall be entitled as often as it shall happen that the interest or annuity or any part thereof respectively shall be in arrear for 21 days and after 7 days shall have elapsed from an application to the occupier or tenant for the payment thereof to enter upon the mortgaged or charged land and distrain the goods and chattels of such occupier or tenant for the arrears of the said interest or annuity and the distress and distresses then and there found to dispose of in like manner as landlords may do in respect of distresses for rent reserved upon common demises and out of the sale moneys to retain the moneys which shall be so in arrear and all costs and expenses occasioned by such distress and sale.

        (2)         Despite subsection (1), no occupier or tenant shall be liable to pay to any such mortgagee or annuitant or transferee a greater sum than the amount of rent which at the time of making such application for payment shall be due from such occupier or tenant, and any amount so paid as well as any amount which shall be paid by him to any such mortgagee or annuitant or transferee during the time he may be in receipt of the rents and profits shall be held to be pro tanto satisfaction of the rent.

        (3)         If there be more than one mortgage or charge on any land the mortgagees or annuitants shall be entitled to exercise the remedy given by this section according to their priorities.

        [Section 112 amended: No. 17 of 1950 s. 28; No. 19 of 2010 s. 51.]

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