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Lender withdraws eviction case

By Staff Reporter
28 October 2011 | 9 minute read

Staff Reporter

A major bank has withdrawn an action in the Victorian Supreme Court that sought to remove the tenants of two Melbourne properties that it had recently repossessed without giving the required notice, a recent report has claimed.

According to a report in The Age, the National Australia Bank (NAB) repossessed the property after the owner had failed to maintain regular mortgage repayments and appealed to the Supreme Court to force the Sheriff to evict the tenants currently residing in the premises.

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The lender was criticised after attempting to have tenants removed without complying with the Victorian Residential Tenancies Act – which requires the landlord to provide tenants with 28 days’ notice prior to eviction, The Age reported.

However, earlier this week the bank announced plans to withdraw their application to the court.

The bank said in a statement to The Age: "The application was only ever intended to clarify certain Victorian legal process requirements. We recognise and support the legal rights of tenants, and are committed to providing a minimum 28 days' notice period to all residential tenants," the bank said.

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