Section 58 — Residential Tenancies Act 1986: Mortgagee or other person becoming entitled to possession

58 Mortgagee or other person becoming entitled to possession (1) Where a mortgagee or other person becomes entitled (as against the landlord) to possession of the premises, the following provisions shall apply: (a) The tenancy shall continue notwithstanding that the mortgagee or other person has become entitled (as against the landlord) to possession of the premises: (b) For the purposes of sections 15 , 21A , and 43 of this Act, the mortgagee or other person shall be deemed to have acquired the landlord's interest in the premises, and the provisions of those sections, with any necessary modifications, shall apply accordingly: (c) The mortgagee or other person shall have the same rights (if any) as the landlord had under the tenancy agreement or this Act to give notice terminating the tenancy or to apply to the Tribunal for an order terminating the tenancy or for an order for possession of the premises: (d) Without limiting paragraph (c) of this section, but subject to paragraph (e) of this section, in the case of a fixed-term tenancy, the mortgagee or other person shall have the same right to give notice terminating the tenancy as the landlord would have had if the tenancy had been a periodic tenancy: (e) Paragraph (d) of this section shall not apply where the mortgagee or other person is bound by the tenancy or consented in writing to its creation. (2) Subsection (1) of this section shall apply notwithstanding anything to the contrary in the Property Law Act 2007 or the Land Transfer Act 1952 or any other enactment. Compare: Residential Tenancies Act, 1978-1981 (South Australia),

s 61(1)(c) to (c2) Subsection (1)(b) was amended, as from 1 May 1996, by section 10(2) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the expression “ , 21A, ” . Section 58(2): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).