QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.385Acceptance of rent does not operate as consent
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### sec.385 Acceptance of rent does not operate as consent
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 the rental premises; and
the mortgagee under the mortgage does not consent to the rooming accommodation agreement.
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 rooming accommodation agreement, the mortgagee’s or person’s action does not operate as a consent to the agreement.
(sec.385-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 the rental premises; and the mortgagee under the mortgage does not consent to the rooming accommodation agreement.
(sec.385-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 rooming accommodation agreement, the mortgagee’s or person’s action does not operate as a consent to the agreement.
- (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 the rental premises; and
- (c) the mortgagee under the mortgage does not consent to the rooming accommodation agreement.