NAB withdraws Supreme Court action against Sherriff who refused to evict tenants

National Australia Bank (NAB) has dropped its case against the Victorian Sherriff's office who had refused to evict tenants without a 28 days notice.

The tenants lived in properties which were being repossessed because the owner had defaulted on the mortgage

28 days notice of notice is necessary under section 268 of the Residential Tenancies Act 1997 (Vic) before a rented property can be repossessed for the above reasons. 

s 268 reads:

Notice by mortgagee

(1) If a mortgagee in respect of rented premises under a mortgage entered into before the tenancy agreement was entered into becomes entitled to possession of, or to exercise a power of sale in respect of, the premises under a mortgage, the mortgagee may give the tenant a notice to vacate the premises.

(2) The notice must specify a termination date that is not less than 28 days after the date on which the notice is given.

 

NAB, in withdrawing the action, stated that they only meant clarify the law although the Victorian Tenants Union suggested that it was to avoid a public relations nightmare.

Perhaps futility may be another reason as s 268 leaves very little room for the creative interpretation necessary for a successful action on NAB's part. 

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