Shared Spaces, Who May Sign a Form 13 Authority to Repossess

🕒 6-minute read

Form 13 Repossession: Consent to Enter Premises Done Properly

Introduction

Form 13 — the prescribed Consent to Enter Premises under the National Consumer Credit Protection Regulations — remains one of the most misunderstood compliance steps in Australian repossession work.

Most experienced repossession agents have used a Form 13 many times. Yet disputes continue to arise, particularly in apartment complexes and shared residential settings, where confusion exists about who can lawfully sign.

A single incorrect signature can render a repossession unlawful.

This article breaks down when Form 13 applies, what section 99 of the National Credit Code requires, and how to avoid the common mistakes that continue to appear in complaints and dispute outcomes.

When a Form 13 Is Required

Form 13 applies only to repossessions under regulated consumer credit contracts.

These are contracts governed by the National Consumer Credit Protection Act 2009 for personal, household or domestic purposes. In practical terms, this usually means a motor vehicle loan for everyday consumer use.

A Form 13 is not required for:

• Business-purpose loans
• Commercial credit contracts
• Workplaces or commercial premises
• Public areas

Even if a business-purpose vehicle is parked at a residential address, the Form 13 requirement does not apply if the underlying contract is unregulated.

Understanding whether the contract is regulated is the first compliance checkpoint in any Form 13 repossession.

What Section 99 of the National Credit Code Requires

Section 99(1) of the National Credit Code is the foundation rule for residential entry during regulated repossessions.

In plain terms, a credit provider (or an agent acting on their behalf) must not enter residential premises to take possession of mortgaged goods unless:

• a court has authorised entry, or
• the occupier of the premises has provided informed written consent.

“must not enter residential premises … unless” a court authorises entry or the occupier gives written consent
— National Credit Code, s 99(1)

That written consent must be obtained in accordance with Regulation 87 of the National Consumer Credit Protection Regulations.

Regulation 87: The Practical Rules You Must Follow

Regulation 87 prescribes how consent must be requested and recorded. Key points include:

• Requests for consent can only be made between 8am and 8pm, Monday to Saturday (not Sundays or public holidays)
• Consent must be given in writing
• The mandatory Form 13 format must be used
• The occupier of the premises concerned must sign the form

“the occupier of the premises concerned” must sign the written consent in the prescribed form
— NCCP Regulations, reg 87 (Form 13 requirements)

The message is simple:

Only the lawful occupier of the specific residential premises being entered may sign the Form 13.

Not another resident. Not a neighbour. Not someone who simply “has access”.

Who Is the Lawful Occupier?

The lawful occupier is the person who has lawful possession or control of the premises being entered.

Importantly, this can include:

• An allocated garage forming part of a lease
• A titled parking bay attached to an apartment
• A residential driveway under exclusive possession

It does not automatically include:

• Common property areas controlled by strata
• Visitor bays
• Areas over which the signing person has no exclusive authority

This is where Form 13 repossession errors most often occur — especially in apartment buildings.

Apartment Complexes: Where It Often Goes Wrong

Apartment complexes commonly contain two types of parking:

1. Allocated Bays
These bays are linked to a specific unit under the lease or strata title. They generally form part of that resident’s premises.

2. Communal or Visitor Bays
These bays form part of the common property and are shared. No individual resident has exclusive possession.

Now consider a typical scenario: a regulated consumer credit contract vehicle is parked in Bay 27, clearly marked for Unit 14. The customer is not home. A different resident offers to help and signs the Form 13. The vehicle is removed.

The problem is straightforward: the resident who signed the Form 13 had no lawful authority over Bay 27. Their occupancy rights did not extend to that specific premises. The consent is invalid.

Under section 99, that entry is unlawful.

The “Just Get a Signature” Trap

Practical pressures can build quickly:

• The customer is avoiding contact
• The tow truck is waiting
• The vehicle may disappear
• The credit provider is pushing for a result

None of those pressures alter the legal requirement. If lawful consent cannot be obtained from the occupier of the premises concerned, the repossession agent must pause and seek further instructions.

When consent is unclear, taking risks to “get the job done” is never worth it.

Consequences of an Invalid Form 13

When consent is invalid:

• The repossession may be deemed unlawful
• The vehicle may need to be returned
• Compensation may be awarded for loss or hardship
• AFCA complaints may be upheld against the credit provider
• Agents and agencies risk reputational damage and reduced work

This is not a technicality. It goes to the legality of entry itself.

Standing Firm Under Pressure

Most credit providers support compliance. However, long-running files can create frustration and pressure.

Agents must remember: no credit provider can override section 99. If lawful consent cannot be obtained, the appropriate alternative is to seek a court order authorising entry.

Agents who hold firm protect themselves, the lender, and the integrity of the industry.

✅ Best Practice Checklist for Form 13 Repossession

• Confirm the contract type: Is it regulated consumer credit?
• Confirm the location: Is it residential premises?
• Confirm the lawful occupier: Ask questions and verify authority — do not assume
• Identify the parking type: Allocated bay vs communal/visitor area
• Work within permitted hours: 8am–8pm, Monday to Saturday only
• Document properly: Record who signed, what you asked, and how authority was confirmed

When in doubt: pause, escalate, and get clarity before acting.

Final Takeaways

Form 13 repossession compliance is not complex — but it is precise.

• Form 13 applies only to regulated consumer credit contracts
• Section 99 requires written consent from the lawful occupier or a court order
• Regulation 87 sets the rules for requesting, obtaining, and using that consent
• Apartment complexes create added complexity due to allocated and communal parking arrangements
• An incorrect signature can invalidate the entire repossession

Professional repossession work depends on disciplined compliance. Getting Form 13 right every time protects the agent, the credit provider, and the customer.

Professional Development and Repossession Compliance

Form 13 repossession compliance is examined in depth in the CRAG–MAP (Rep) course, including real-world apartment scenarios, lawful occupier analysis, and section 99 application.

Ongoing repossession compliance training helps agents and agencies reduce AFCA risk, protect credit providers, and maintain professional standards in regulated recoveries.

Nick’s Bio

Nick Boyd is the founder of Beebox Training, a specialist provider of debt collection training, debt collection compliance training, and repossession agent training across Australia. With over 24 years of experience in the mercantile agent industry, Nick designs structured CPD training programs for field agents, office-based debt collectors, and process servers working under regulated credit frameworks.

His career spans roles as a soldier, crash investigator, and agency GM, giving him practical insight into enforcement work, operational risk management, and legal compliance obligations under the National Credit Code and related legislation.