Residential Tenancies Act 2010 No 42
Current version for 8 January 2015 to date (accessed 30 January 2015 at 21:56)
Part 6Division 1Section 124

124   Notice of proposed recovery of premises by person with superior title

(1)  This section applies if proceedings for the recovery of possession of residential premises are commenced before a court or the Tribunal (whether under this Act or otherwise) by a person (the plaintiff) who is not the landlord or former landlord under the agreement.
(2)  The court or Tribunal must not give judgment or make an order for possession, unless it is satisfied:
(a)  as to whether or not there is a person in possession of the residential premises as a tenant under a residential tenancy agreement or a former tenant holding over after termination of a residential tenancy agreement, and
(b)  that any such person has had reasonable notice of the proceedings brought by the plaintiff.
(3)  Failure to comply with this section does not invalidate or otherwise affect the judgment or order.
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