89Disposal without consent

89 Disposal without consent

(1)  If any money, due to Homes Tasmania under a contract of sale, mortgage or other security, remains unpaid in respect of land, or land and residential premises, forming the subject of the contract of sale, mortgage or other security, with a purchaser or borrower –

(a) the land, or land and residential premises, as the case may be, must not be sold, leased, subleased, mortgaged or otherwise charged or disposed of by the purchaser or borrower without the consent in writing of Homes Tasmania; and

(b) a sale, lease, sublease, mortgage, charge, or agreement, entered into or made in contravention of this section is void and of no effect.

(2)  If a purchaser or borrower, in contravention of this section, sells, leases, subleases, mortgages or otherwise charges or disposes of the land or land and residential premises, or any part of the land or the land and residential premises, Homes Tasmania may –

(a) in the case of a purchaser, cancel the contract of sale, and, in the discretion of Homes Tasmania, forfeit the instalments previously paid by the purchaser; and

(b) in the case of a purchaser as provided by section 56 , or a borrower, sell the estate and interest of the borrower in the land or land and residential premises.