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Housing Act 1955

State houses - Disposal of State housing land

22: Acceptance of money after giving of notice rescinding agreement for sale

You could also call this:

"Kāinga Ora can still take money owed even if a house sale is cancelled"

Illustration for Housing Act 1955

If you get a notice that an agreement to sell a house is being cancelled, and this is because someone did not do what they were supposed to do, Kāinga Ora–Homes and Communities can still accept money that is owed to them. This does not mean they are starting a new agreement or cancelling the notice they sent. You do not have to wait any longer or get another notice for Kāinga Ora–Homes and Communities to take action, even if the law usually says you have to. Kāinga Ora–Homes and Communities can take action without giving you more time or sending you another notice. This is what happens when someone does not do what they are supposed to do under the agreement to sell the house.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291314.

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Topics:
Housing and property > Buying and selling homesMoney and consumer rights > Consumer protection
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21: Power of Kāinga Ora–Homes and Communities to require information, and to terminate sales and leases where false information is furnished, or

"Kāinga Ora can ask for information and cancel agreements if you give false details"

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23: Recovery of possession of land, or

"What happens if Kāinga Ora wants its land back?"

Part 1State houses
Disposal of State housing land

22Acceptance of money after giving of notice rescinding agreement for sale

  1. Where any notice rescinding an agreement for sale under this Part has been given upon default under the agreement—

  2. the acceptance by or on behalf of Kāinga Ora–Homes and Communities of any money payable under the agreement shall not of itself constitute evidence of a new agreement or operate as a waiver of the notice; and
    1. it shall not be necessary for Kāinga Ora–Homes and Communities to wait any further period or give any other notice or make any further demand, any rule of law or equity to the contrary notwithstanding.

      Notes
      • Section 22(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
      • Section 22(b): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).