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Residential Tenancies and Rooming Accommodation Act 2008
sec.242Transfer by lessor
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### sec.242 Transfer by lessor
The lessor must—
if the lessor proposes to transfer the lessor’s interest in the premises to another person (the buyer )—give written notice of the tenancy to the buyer; and
if the lessor transfers the interest subject to the tenancy—give written notice of the transfer (the attornment notice ) to the tenant.
The attornment notice operates as an attornment as tenant to the buyer by the tenant at the rent, and on the other terms of the agreement applying when the notice is given, but only if the notice—
states the buyer’s name and address; and
directs the tenant to make all future payments of rent to the buyer.
An attornment is an acknowledgement of the tenancy relationship between the tenant and new lessor.
However, if an amount for rent is unpaid when the attornment notice is given, the amount may be recovered by the former lessor as a debt owing to the former lessor by the tenant.
Subsection (1) (a) applies whether the transfer is proposed to be made with vacant possession or subject to the tenancy.
(sec.242-ssec.1) The lessor must— if the lessor proposes to transfer the lessor’s interest in the premises to another person (the buyer )—give written notice of the tenancy to the buyer; and if the lessor transfers the interest subject to the tenancy—give written notice of the transfer (the attornment notice ) to the tenant.
(sec.242-ssec.2) The attornment notice operates as an attornment as tenant to the buyer by the tenant at the rent, and on the other terms of the agreement applying when the notice is given, but only if the notice— states the buyer’s name and address; and directs the tenant to make all future payments of rent to the buyer. An attornment is an acknowledgement of the tenancy relationship between the tenant and new lessor.
(sec.242-ssec.3) However, if an amount for rent is unpaid when the attornment notice is given, the amount may be recovered by the former lessor as a debt owing to the former lessor by the tenant.
(sec.242-ssec.4) Subsection (1) (a) applies whether the transfer is proposed to be made with vacant possession or subject to the tenancy.
- (a) if the lessor proposes to transfer the lessor’s interest in the premises to another person (the buyer )—give written notice of the tenancy to the buyer; and
- (b) if the lessor transfers the interest subject to the tenancy—give written notice of the transfer (the attornment notice ) to the tenant.
- (a) states the buyer’s name and address; and
- (b) directs the tenant to make all future payments of rent to the buyer.