The purpose of the Notice to vacate from mortgagee to tenant (Form 19) is to tell the tenant/s that possession of the premises is to be obtained by the mortgagee or another person appointed under the mortgage ('appointed person').

The form is completed by the mortgagee/appointed person and given to the tenant/s. It may only be given in accordance with the Act.

If you receive this form as a tenant it means that the mortgagee or appointed person is giving you notice that you must vacate the premises by the date stated in the notice. The mortgagee or appointed person  must not obtain possession unless they have given at least 2 months notice.

If you choose to vacate the premises prior to the stated date in this notice you should notify the mortgagee and the lessor/agent of the date you will be leaving. The agreement ends on the day you vacate the premises and rent is payable up to and including this day. If the mortgagee or appointed person gives you written notice that the rent must be paid to them, you may pay the rent to the mortgagee or appointed person instead of the lessor/agent.

If the tenant/s fail to vacate the premises by the stated day, the mortgagee/appointed person may take further action to obtain possession of the premises.

More information is available on our When a property is for sale page.

Form 19 - Notice to vacate from mortgagee to tenants

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