93Remedies for recovery of instalments

93 Remedies for recovery of instalments

(1)  If an instalment, or money, payable to Homes Tasmania under any contract of sale or advance under this Act, or any part of such an instalment or money, is unpaid for 30 days after the time for the payment of the instalment or money, Homes Tasmania may, without having made a legal demand for the payment of the amount –

(a) enter the land, or the land and residential premises, to which the contract of sale or advance relates and recover, by distress and sale of any goods and chattels on the land or on the land or residential premises, the amount due; or

(b) recover the amount in a court of competent jurisdiction from the owner of the land or of the land and residential premises.

(2)  The remedy provided under subsection (1) is in addition to, and without prejudice to, any other remedy that may be available to Homes Tasmania.

(3)  If an instalment, or a part of an instalment, payable to Homes Tasmania in relation to an advance in respect of land, or land and residential premises, is unpaid by the borrower for one month after the time appointed for the payment of the instalment, Homes Tasmania, without having made a legal demand for the payment of the amount, may –

(a) enter, and take possession of, the land or the land and residential premises; and

(b) subject to this section, sell the estate and interest of the borrower in the land or the land and residential premises.

(4)  If an instalment, or a part of an instalment, payable to Homes Tasmania under a contract of sale in respect of land, or land and residential premises, is, for one month after the time appointed for the payment of the instalment, unpaid by a purchaser who has obtained from Homes Tasmania a transfer and executed a mortgage to Homes Tasmania of the land, or of the land and residential premises, Homes Tasmania, without having made a legal demand for the payment of the amount, may –

(a) enter, and take possession of, the land or land and residential premises; and

(b) cancel the contract of sale in respect of the land or the land and residential premises; and

(c) subject to this section, sell the estate and interest of the purchaser in the land or the land and residential premises; and