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This is a Bill, not an Act. For current law, see the Acts databases.
Residential Tenancies Amendment
(Mortgagee Repossessions) Bill 2009
No , 2009
A Bill for
An Act to amend the Residential Tenancies Act 1987 to require mortgagees who
become entitled to possession of rented premises to give the tenant at least 30 days'
notice to vacate the premises; and for other purposes.
Clause 1 Residential Tenancies Amendment (Mortgagee Repossessions) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Residential Tenancies Amendment (Mortgagee 3
Repossessions) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Residential Tenancies Amendment (Mortgagee Repossessions) Bill 2009
Amendment of Residential Tenancies Act 1987 No 26 Schedule 1
Schedule 1 Amendment of Residential Tenancies 1
Act 1987 No 26 2
[1] Section 71A 3
Insert after section 71: 4
71A Mortgagee repossessions of rented properties 5
(1) Notice to vacate 6
If a residential tenancy agreement is terminated because of the 7
operation of section 53 (e), the mortgagee is not to take 8
possession of the residential premises from the former tenant who 9
is holding over after termination of the agreement unless the 10
mortgagee, after becoming entitled to take possession, gives the 11
former tenant a written notice, in accordance with this section, to 12
vacate the premises (notice to vacate). 13
(2) Minimum period of 30 days to vacate premises 14
The notice to vacate must specify the date by which the former 15
tenant is to vacate the residential premises (the specified date). 16
The specified date must be not less than 30 days after the date on 17
which the notice is given to the former tenant. 18
(3) Former tenant may withhold or recoup rent etc 19
The former tenant: 20
(a) is not, during the period in which the former tenant is 21
holding over after termination of the residential tenancy 22
agreement, required to pay any rent, fee or other charge to 23
occupy the residential premises, and 24
(b) is, if the former tenant has paid any rent in advance for any 25
part of that period, entitled to be repaid the amount of that 26
rent. 27
(4) Tribunal may order repayment to former tenant 28
The Tribunal may, on application by the former tenant, order the 29
repayment to the former tenant of any such amount referred to in 30
subsection (3) (a) or (b). 31
(5) Inspection of residential premises by prospective purchasers 32
The mortgagee (or any person acting on behalf of the mortgagee) 33
is, during the period in which the former tenant is holding over 34
after termination of the residential tenancy agreement, entitled to 35
enter the residential premises to show the premises to prospective 36
Page 3
Residential Tenancies Amendment (Mortgagee Repossessions) Bill 2009
Schedule 1 Amendment of Residential Tenancies Act 1987 No 26
purchasers on a reasonable number of occasions, but only if the 1
former tenant: 2
(a) is given reasonable notice of each such occasion, and 3
(b) agrees to the date and time of the inspection. 4
(6) Mortgagee not prevented from doing certain things 5
This section does not prevent the mortgagee from: 6
(a) taking possession of the residential premises before the 7
specified date if the former tenant voluntarily vacates the 8
premises before that date, or 9
(b) changing the specified date to a later date by further notice 10
in writing given to the former tenant, or 11
(c) entering into a new residential tenancy agreement with the 12
former tenant in respect of the residential premises. 13
(7) Section applies to existing agreements 14
This section extends to a residential tenancy agreement in force 15
immediately before the commencement of this section. 16
(8) Relationship with other laws 17
This section has effect despite the terms of any court order, 18
contract or other agreement. 19
[2] Section 72 Recovery of possession of residential premises prohibited 20
except by order 21
Insert after section 72 (1): 22
(1A) In the case of a residential tenancy agreement that has terminated 23
because of the operation of section 53 (e), the mortgagee (or any 24
person acting on behalf of the mortgagee) is not, despite 25
subsection (1), to take possession of the residential premises 26
before the date specified in the notice to vacate under 27
section 71A. 28
[3] Section 130 Service of documents 29
Insert after section 130 (6): 30
(7) A reference in subsection (1) to a tenant includes, in the case of a 31
notice to vacate under section 71A, a reference to a former tenant. 32
Page 4
Residential Tenancies Amendment (Mortgagee Repossessions) Bill 2009
Amendment of Residential Tenancies Act 1987 No 26 Schedule 1
[4] Schedule 4 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Residential Tenancies Amendment (Mortgagee Repossessions) 3
Act 2009 4
Page 5
Residential Tenancies Amendment (Mortgagee Repossessions) Bill 2009
Schedule 2 Amendment of Landlord and Tenant (Rental Bonds) Act 1977 No 44
Schedule 2 Amendment of Landlord and Tenant 1
(Rental Bonds) Act 1977 No 44 2
Section 11 Payment out of rental bonds 3
Insert after section 11 (18): 4
(19) In the case of a lease that is terminated because of the operation 5
of section 53 (e) of the Residential Tenancies Act 1987, the Board 6
may, if authorised to do so in writing by the mortgagee who has 7
become entitled to take possession of the premises to the 8
exclusion of the lessee, pay out to the lessee an amount of money 9
held by the Board on deposit in respect of that lease. 10
Page 6
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