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Residential Tenancies and Rooming Accommodation Act 2008
sec.384Notice about proposed action of mortgagee
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### sec.384 Notice about proposed action of mortgagee
This section applies if—
rental premises are subject to a mortgage; and
after the rental premises become subject to the mortgage, a rooming accommodation agreement is entered into for a room in the rental premises; and
the mortgagee under the mortgage does not consent to the rooming accommodation agreement; and
the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the rental premises.
The mortgagee must not obtain possession of the rental premises unless, at least 30 days before obtaining possession, the mortgagee or the appointed person gives the resident notice in the approved form informing the resident that possession is to be obtained.
Maximum penalty—50 penalty units.
The appointed person must not obtain possession of the rental premises unless, at least 30 days before obtaining possession, the appointed person or mortgagee gives the resident notice in the approved form informing the resident that possession is to be obtained.
Maximum penalty—50 penalty units.
In this section—
obtain includes take.
(sec.384-ssec.1) This section applies if— rental premises are subject to a mortgage; and after the rental premises become subject to the mortgage, a rooming accommodation agreement is entered into for a room in the rental premises; and the mortgagee under the mortgage does not consent to the rooming accommodation agreement; and the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the rental premises.
(sec.384-ssec.2) The mortgagee must not obtain possession of the rental premises unless, at least 30 days before obtaining possession, the mortgagee or the appointed person gives the resident notice in the approved form informing the resident that possession is to be obtained. Maximum penalty—50 penalty units.
(sec.384-ssec.3) The appointed person must not obtain possession of the rental premises unless, at least 30 days before obtaining possession, the appointed person or mortgagee gives the resident notice in the approved form informing the resident that possession is to be obtained. Maximum penalty—50 penalty units.
(sec.384-ssec.4) In this section— obtain includes take.
- (a) rental premises are subject to a mortgage; and
- (b) after the rental premises become subject to the mortgage, a rooming accommodation agreement is entered into for a room in the rental premises; and
- (c) the mortgagee under the mortgage does not consent to the rooming accommodation agreement; and
- (d) the mortgagee, or another person appointed under the mortgage (the appointed person ), has become entitled to obtain possession of the rental premises.