sec.317Notice about proposed action of mortgagee

### sec.317 Notice about proposed action of mortgagee This section applies if— residential premises are subject to a mortgage; and after the premises become subject to the mortgage, a residential tenancy agreement is entered into for the premises; and the mortgagee under the mortgage does not consent to the tenancy; and the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the premises. The mortgagee must not obtain possession of the premises unless, at least 2 months before obtaining possession, the mortgagee or the appointed person gives the tenant notice in the approved form informing the tenant that possession is to be obtained. Maximum penalty—50 penalty units. The appointed person must not obtain possession of the premises unless, at least 2 months before obtaining possession, the appointed person or mortgagee gives the tenant notice in the approved form informing the tenant that possession is to be obtained. Maximum penalty—50 penalty units. In this section— obtain includes take. (sec.317-ssec.1) This section applies if— residential premises are subject to a mortgage; and after the premises become subject to the mortgage, a residential tenancy agreement is entered into for the premises; and the mortgagee under the mortgage does not consent to the tenancy; and the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the premises. (sec.317-ssec.2) The mortgagee must not obtain possession of the premises unless, at least 2 months before obtaining possession, the mortgagee or the appointed person gives the tenant notice in the approved form informing the tenant that possession is to be obtained. Maximum penalty—50 penalty units. (sec.317-ssec.3) The appointed person must not obtain possession of the premises unless, at least 2 months before obtaining possession, the appointed person or mortgagee gives the tenant notice in the approved form informing the tenant that possession is to be obtained. Maximum penalty—50 penalty units. (sec.317-ssec.4) In this section— obtain includes take. - (a) residential premises are subject to a mortgage; and - (b) after the premises become subject to the mortgage, a residential tenancy agreement is entered into for the premises; and - (c) the mortgagee under the mortgage does not consent to the tenancy; and - (d) the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the premises.