22 June 2009

When a rental premises is repossessed by a mortgagee, tenants may now apply to the CTTT for a refund of any rent paid in advance.

The Residential Tenancies Amendment (Mortgagee Repossession) Act 2009 was passed by the NSW Parliament and commenced on 19 June 2009, introducing a new CTTT order to assist tenants when a mortgagee takes possession of the rented premises.

Under section 71A(4) of the Residential Tenancies Act 1987 the former tenant may now apply to the CTTT for an order that the landlord, landlord's agent or the mortgagee refund any rent paid in advance, or any other fees and charges paid to occupy the premises during the notice period.

Learn more about the recent legislative changes concerning residential tenancies mortgagee repossessions on the Office of Fair Trading's website.

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