Residential Tenancies Act 1987

In this section —

If a residential tenancy agreement is terminated under section 60(1)(e), the mortgagee is not to take possession of the residential premises from a tenant who is holding over after termination of the agreement unless the mortgagee, after becoming entitled to take possession, gives the tenant a notice to vacate the premises.

The notice to vacate must be in the approved form and must include a specified date that is not less than 30 days after the date on which the notice is given to the tenant.

The tenant who is holding over after termination of the residential tenancy agreement —

is not, during the period of 30 days following the date on which the tenant is given the notice to vacate, required to pay any rent, fee or other charge to occupy the residential premises; and

is, if the tenant has paid any rent in advance for any part of that period, entitled to be repaid the amount of that rent.

A competent court may, on application by the tenant, order the repayment to the tenant of any such amount referred to in subsection (4)(a) or (b).

The mortgagee (or any person acting on behalf of the mortgagee) is, during the period in which the tenant is holding over after termination of the residential tenancy agreement, entitled to enter the residential premises to show the premises to prospective purchasers on a reasonable number of occasions, but only if the tenant —

is given reasonable notice of each such occasion; and

agrees to the date and time of the inspection.

This section does not prevent the mortgagee from —

taking possession of the residential premises before the specified date if the tenant voluntarily vacates the premises before that date; or

changing the specified date to a later date by further notice in writing given to the tenant; or

entering into a new residential tenancy agreement with the tenant in respect of the residential premises.

This section extends to a tenant who is, immediately before the commencement of this section, holding over after termination of the residential tenancy agreement.

This section has effect despite the terms of any court order made before the commencement of this section or any contract or other agreement.