Notice of proposed recovery of premises by person with superior title
81B Notice of proposed recovery of premises by person with superior title
This section applies where a person (the plaintiff) brings proceedings in a competent court for the recovery of possession of residential premises.
The court must not make an order for possession unless it is satisfied —
that a person is not in possession of the residential premises as —
a tenant under a residential tenancy agreement; or
a tenant holding over after termination of a residential tenancy agreement;
or
if there is such a person in possession of the residential premises and the plaintiff is not the lessor under the residential tenancy agreement — that the person has been given written notice of the proceedings, in the approved form, not less than 30 days before the commencement of the proceedings.
Failure to comply with this section does not invalidate or otherwise affect the judgment or order.
[Section 81B inserted: No. 60 of 2011 s. 79; amended: No. 11 of 2024 s. 42.]
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