Section 137 — Property Law Act 2007: Exercise of power to enter into possession

137 Exercise of power to enter into possession (1) If a mortgagee becomes entitled under a mortgage, after compliance with subpart 5 , to exercise a power to enter into possession of mortgaged land or goods, the mortgagee may exercise that power by— (a) entering into or taking physical possession of the land or goods peaceably and without committing forcible entry under section 91 of the Crimes Act 1961; or (b) asserting management or control over the land or goods by requiring a lessee or occupier of the land, or a lessee or bailee of the goods, as the case may be, to pay to the mortgagee any rent or profits that would otherwise be payable to the current mortgagor; or (c) applying to a court for an order for possession of the land or goods. (2) A mortgagee may do all or any of the things referred to in subsection (1) before or after taking any steps to exercise any power to sell the mortgaged land or goods. (3) Subsection (1)(a) is subject to section 138 . (4) Unless the context otherwise requires, a reference in this subpart to land or goods includes a reference to land and goods. Compare: 1952 No 52 s 106