A lease of mortgaged land granted without the mortgagee's written consent under s 87C of the Transfer of Land Act 1958 (Vic) is not valid or binding against the mortgagee, and the notice to vacate provisions of the Residential Tenancies Act 1997 (Vic) have no operation in respect of such a lease. A mortgagor who has been ordered to give possession to the mortgagee cannot grant exclusive possession to a tenant.
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