NSW Tenancy and Mortgagee Repossession of property

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21 July 2021
We have been tenants in a property in the sydney area for five years and we have always paid our rent on time until three weeks ago when we were contacted by the bank and advised by them that the bank is repossessing the property as the landlord had defaulted on their mortgage. Few days later we were also contacted by bank’s solicitors again and told that the Landlord has defaulted on this property’s mortgage repayments for a long period of time and has racked up substantial debts, and has been pursued by the bank for those debts. As a result, he has abandoned this property and is currently absconding. They have attempted to contact him multiple times for the last eight months, with apparently no success, and consequently, the Bank’s solicitors are currently obtaining a default judgement from the court for the repossession of the property.

Upon contacting the Real Estate Agency which has been collecting rent from us on behalf of the Landlord, they also admitted that they have not been able to contact the Landlord in the last eight months (they never advised us!!!). Also as my wife had recently lost her employment and our income had been reduced by approx. 60%, I requested that they reduce the rent for 30% for three weeks, but they refused and said that if we didn’t pay the full rent to them immediately they would apply for a termination order with NCAT tribunal to force us out, and recoup the rent. Also, the Real Estate have not carried out or paid for any of the maintenance work requested on the property for the last ten months!.

Considering that the owner has been absconding for a long period (and the Real Estate are just lining up their own pocket), and the property is being repossessed, how likely is it that NCAT issue such an order just before the repossession by the bank?