New South Wales Consolidated Acts

HOUSING ACT 2001 - SECT 27

27 Possession to Corporation on cancellation of agreement

(cf Act No 7, 1912, s 43)

(1) If a purchaser under a contract of sale of land from the Corporation makes default in relation to any of the conditions of the contract, and the default continues for a period of 60 days or more:

(a) the whole of the purchase money and other money owing under the contract becomes due and payable immediately, and

(b) those amounts may be recovered by the Corporation with interest at the rate payable under the contract, and

(c) the Corporation may, with or without giving notice, cancel the contract or enter into possession of the land described in the contract, and any house erected on that land, and receive the rents and profits of that land.

(2) At any time after the cancellation of a contract under this section, or when the Corporation proposes to enter into possession of the land and house described in the contract and receive the rents and profits of the land, the Corporation may:

(a) require the purchaser or occupant to deliver up possession of the land and house described in the contract, and

(b) if the purchaser or occupant refuses to deliver possession, issue a warrant to the sheriff to deliver possession to the person specified in the warrant.

(3) On the receipt of a warrant under this section the sheriff must execute the warrant and deliver possession of the house and land in accordance with the warrant.

(4) The costs incurred in connection with the issue and execution of the warrant, to be determined by the Sheriff, are to be paid by the person refusing to give possession.

(5) Any costs due to the Corporation under this section may be recovered by the Corporation as a debt in a court of competent jurisdiction.

(6) The Corporation may, in its discretion, repay to a purchaser whose agreement has been cancelled under this section the whole or such proportion as it thinks fit of the purchase money of the house which has been paid by the purchaser under this Act.

(7) If the Corporation has, without cancelling a contract of sale, entered into possession of the land and house described in the contract, it may remain in possession until such time as it indicates to the person entitled to the benefit of the contract its intention to vacate possession or until the terms and conditions of the contract have been fully completed and satisfied.