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Tel: 1300 30 40 54
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1 August 2019
In this issue:
Sometimes tenancy arrangements run into unexpected issues that are outside your control. Today we’ll explore what happens when a mortgagee repossesses a rental property.
If the owner of a property you’re renting has failed to keep up with the mortgage payments, the mortgagee may apply to the Supreme Court to take possession of the property.
You may receive notice of the mortgagee’s application to repossess the property via Form 17. The process from application to court-ordered possession can be lengthy, so until concluded your tenancy agreement continues as usual: you still pay rent and are not required to move out.
Once the mortgagee is given possession of the property, they may then choose to terminate your residential tenancy agreement.
If they do, there are several important things you should know:
This can be an upsetting and uncertain time for tenants, so we’ve created a new Mortgagee ending a tenancy page to explain in more detail what will happen and what your options are.
If after taking possession the mortgagee does not take action to end the tenancy agreement, your tenancy will continue. However, you might need to enter into a new tenancy agreement with the mortgagee to reflect the change in ownership.
If you've received either of these notifications you can always call Consumer Protection on 1300 304 054 for more information.
Illegal drug activity in residential properties is cause for concern for tenants, owners, property managers and real estate agents alike due to potential health and safety risks to occupants. Illegal drug activity in homes, particularly clandestine laboratories (clan labs), cannabis grow houses, and smoke houses, can contribute to damage or contamination from drug or chemical residues.
Landlords have a responsibility to ensure their property is safe and clean for future tenants. Contact your landlord or property manager if you’re concerned that a property has been contaminated by illegal drug activity. If you are unhappy with the response from your landlord or property manager, contact your local government authority (LGA) or the Department of Health.
The Department of Health guide, Illegal Drug Activity in Homes: Managing Risk A Guide for Occupants, Landlords, Property Managers and Agents, is a great resource to help you recognise illegal drug contamination in a rental property and guide you through what to do.