QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.318Acceptance of rent does not operate as consent
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### sec.318 Acceptance of rent does not operate as consent
This section applies if—
residential premises are subject to a mortgage; and
after the premises becomes 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.
If the mortgagee, or another person appointed under the mortgage, makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the residential tenancy agreement, the mortgagee’s or person’s action does not operate as a consent to the tenancy.
(sec.318-ssec.1) This section applies if— residential premises are subject to a mortgage; and after the premises becomes 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.
(sec.318-ssec.2) If the mortgagee, or another person appointed under the mortgage, makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the residential tenancy agreement, the mortgagee’s or person’s action does not operate as a consent to the tenancy.
- (a) residential premises are subject to a mortgage; and
- (b) after the premises becomes 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.