Mortgagee repossessions of rented properties
(1) This section applies if a residential tenancy agreement is terminated because the mortgagee in respect of the residential premises becomes entitled to possession of the premises and the former tenant under that agreement is given notice to vacate the premises by the Sheriff. (2) The former tenant who is holding over after termination of the residential tenancy agreement— (a) 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 (b) is, if the former tenant has paid any rent in advance for any part of that period, entitled to be repaid the amount of that rent. (3) The Tribunal may, on application by the former tenant, order the repayment to the former tenant of any amount referred to in subsection (2). (4) The mortgagee (or any person acting on behalf of the mortgagee) is, during the period in which the former 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 former tenant— (a) is given reasonable notice of each such occasion, and (b) agrees to the date and time of the inspection. (5) This section does not prevent the mortgagee from— (a) taking possession of the residential premises before the date specified in the notice to vacate if the former tenant voluntarily vacates the premises before that date, or (b) changing (by written notice given to the Sheriff and the former tenant) the date specified in the notice to vacate to a later date, or (c) entering into a new residential tenancy agreement with the former tenant in respect of the residential premises. (6) This section has effect despite the terms of any court order, contract or other agreement.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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