Tenant Notification:
Upon obtaining a possession order, the tenant must be informed, even if they were not aware of the legal proceedings. The mortgagee may ask the tenant in writing to pay rent directly to them instead of the landlord or agent, and tenants should comply with this request.
Notice to Vacate:
Regardless of any remaining time in the tenant's fixed-term agreement, a court order terminates the tenancy. Orders for possession from the Supreme Court are enforced by the NSW Sheriff's Office, providing the tenant with at least 30 days' notice to vacate the property.
Rent-Free Period and Compensation:
As compensation, the tenant is exempt from paying rent for 30 days after receiving the official notice to leave. Any prepaid rent entitles the tenant to a refund. In case the landlord or agent fails to refund the money, tenants can seek Tribunal assistance.
Property Access for Viewings:
The mortgagee can conduct property viewings with reasonable notice and agreed-upon inspection times.
Refund of Rental Bond:
Upon assuming control of the property, the mortgagee can authorize Fair Trading to release the bond to the tenant. This can occur while the tenant is still residing in the property.
Remaining in the Property:
If the mortgagee was aware of the tenancy agreement, they're obliged to honor it. However, if the mortgage was secured before the tenancy began, the mortgagee might not be bound by the agreement. Tenants can still request to stay in the property until it's sold.
Court or Tribunal Applications:
Tenants can apply to either the Supreme Court (if proceedings are ongoing) or the Tribunal (if a possession order has been issued) by providing evidence of the necessity to remain in the property. Seeking legal advice might be advisable before pursuing this option.
Disclosure of Mortgagee's Action:
If the landlord or agent knew about the mortgagee's possession action before the tenant signed the agreement and didn't disclose it, the tenant can give a 14-day termination notice. They can also apply to the NSW Civil and Administrative Tribunal for compensation for incurred costs.