Fair Rents Act of 1920 (10 Geo v No. 31) (Qld)

. LAND, CROWN.-LANDLORD AND TENANT. 9195 10 GEO. V. No. 31, 1920. Fair Rents Act. (b) For adding to or improving a workers' dwelling erected on land in respect of which an advance has been made under *" The Discharged Soldiers' Settlement Act of 1917." 13. It shall be lawful for the Minister to sell or Disposal of otherwise dispose of to the Minister acting under any ~ : f~ ; ~ ank State Act relating to workers' homes, and for the last- work~rs' mentioned Minister to buy .or otherwise acquire for the dwellmgs. .purposes of such Act, any surplus land and any workers' dwellings erected for the settlement of discharged soldiers at Sunnybank, near Brisbane, and not required for that purpose. 14. All acts of the Governor in Council or the Minister Ratification. or the Commissioner, or any officer under the authority of the Governor in Council or the Minister or the Com- missioner, before the passing of this Act, when acting or purporting to act under the provisions of *" The D1:s- • charged Soldiers' Settlement Act ot 1917," or under that Act as amended by " The Land Acts Amendment Act ot 1918," or under i"" The Queensland Government Savings Bank Act ot 1916," or any regulations made or purporting to be made under any of the aforesaid Acts which would be valid if done under " The Discharged Soldiers' Settle- ment Acts, 1917 to 1920," shall be deemed to have been lawful and are hereby ratified and confirmed for all purposes. LANDLORD AND TENANT. An Act to Provide for the Determination of Fair 10NGoe.o 3 . 1 V . . Rents for Dwelling-houses, and for purposes THE FAIR consequent there'on or incidental thereto. RENTS AOT OF 1920. -. I I [ASSENTED TO 11TH MARCH, 1920.] . BE it enacted by th~ King's Most Excellent Majesty, by and with the ladvice and consent of the Legis- lative Council and Legi~ lative Assembly of Queensland in Parliament assembled, 4nd by the authority of the same, as follows :- I I 1. This Act may bl:e cited as " The Fair Rents Act of Short title. 1920," and save as herein otherwise provided shall come I * 7 Geo. V. No. 32, repriI\.ted as amended by the Act of 1918,8upra, page 8926. I rage t 7 Gea. V. No. 17, 8upra, 7406. )

9196 LANDLORD AND TENANT. Fair Rents Act. 10 GEO. V. No. 31, into operation on a day to be proclaimed by the Governor in Council and published in the Gazette. Definitionn 2. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say:- Court. " Court"-Any fair rents court constituted und~ r this Act for the petty sessions district wbere the dwelling-bouae in question is situated; Dwelling. house. • " Dwelling-house"-Any premises leased wholly or partially for residence by a lessee: the term includes any part of .any such premises separately leased, and any land or appurten- ances leased with such premises or such part thereof: the term does not include the premises of any shop or any premises part of which is used as a shop or any premises licens.ed for the sale of spirituous or fermented liquors, or any registered. club, or the premises of any lodging-house or boarding establishment except such rooms or apartments thereof as are separately leased, or any dwelling-house ordinarily leased for summer residence; or the premises of any farm, grazing area, orchard, market garden, or dairy farm, or the premises of any residential chambers, or the premises of any residential fiats, or· any premises the area of which is greater than one half acre; Rates. Lease. " Rates"-Any rates or charges levied by a local authority or water authority (including the Metropolitan Water Supply and Sewerage Board) or other local governing body; "Lease" includes every letting of a dwelling,. house, whether oral, in writing, or by deed; . Lessor and Lessee. Registrar. Rent. " Lessor" and" Lessee"-The parties to a "lease" as herein defined: the term respectively. includes a mesne lessor and a mesne lessee; "Registrar"-A registrar appointed under this Act; " Rent" includes- (a) The value to a lessor of any covenants or conditions in or relating to the lease to be . performed by the lessee other than usual covenants and conditions;

LANDLORD AND TENANT. • 9197 1920. Fair Rents Act. (b) Any rates or taxes payable by a lessee in respect of the dwelling-house, but excepting excess water rates and sanitary charges if paid by the tenant : Where in any lease- (i.) It is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, such reduced amount shall be taken to be the" rent" under the lease; (ii.) If any rebate, discount, allowance, or other reduction from rent is provided for, the "rent" shall be deemed to be the amount payable by the lessee after every such reduction is made: "Tax" includes any tax, whether on land or OnTax. income derived from land, imposed by the laws of the State or Commonwealth. . 3. (1.) This Act shall apply to any dwelling-house Application which is subject to a lease made before or after the of Act. commtmcement of this Act. (2.) This Act shall apply within the localities from time to time appointed by the Governor in Council and proclaimed in the Gazette. (3.) This Act shall bind the Crown. But nothing herein contained shall be construed to apply to any rent reserved or payable under or pursuant to *" The Land Acts, 1910 to 1918." 4. There shall be fair rents courts under this Act. Cofocnosutirtutst.lon Each court shall consist of a police magistrate who shall be appointed by the Governor in Council. Such courts shall sit at such times and places as the Governor in Council shall direct. Tl}e Governor in Council shall appoint a registrar to each court and such other officers a~ may be necessary for carrying out the provisions of this Act. 5. (1.)- (a) Any lessor, or Application to determine rent. * 1 Geo. V. No. 15 and amending Acts, 8upra, page 8775. .

9198 LANDLORD AND TENANT. Fair Rents Act. 10 GBO. V. No. 31, (b) Any lessee who has paid or tendered all rent due and payable under his lease, may apply to the court ·to have the fair rent of the dwelling-house leased by or to him determined by the court. (2.) The application shall be made to the registrar and shall be in the form prescribed. (3.) The court shall hear the application and determine the fair rent. (4.) If the dwelling-house is subject to any mort- gage, the mortgagee shall be entitled to notice of the application and to be a party to the proceedings.. Evidence. (5.) Upon such hearing the court may receive as evidence statl.ltory declarations made as prescribed. But the court may, if it thinks fit, require the attendance of any declarant for purposes of cross-examination on the contents of his declaration, and failing such attendance the declaration shall not be receivable as evidence. Powers of the court. (6.) The' court shall have the pOWers conferred by *" The Official Inquiries Evidence Act of 1910" on a commission appointed thereunder; and the said Act shall, mutatis mutandis, apply to any witness or 'person summoned by or appearing before the court. Represehta. (7.) In any proceedings before the court any party tion. may be represented by his agent duly appointed in writing in that behalf; but unless all parties consent thereto no party shall be represented by counsel or solicitor in any such proceedings. Practice of court. (8.) The practice upon such hearing shall, in respect of the examination and cross-examination of witnesses and the right of addressing the court upon the case in reply or otherwise, be as nearly as possible in accordance with that of the Supreme Court upon the trial of an action at law. (9.) In all cases the rent determined by the court shall be the rent of the dwelling-house as from a date to be fixed by the court as the date on which the" deter- mination comes into force, not being earlier than the date of such application: Provided that if the court by its determination increases the rent of any dwelling-house above the rent payable under the lease at the time when * 1 Geo. V. No. 26, 8upra, page 748.

1920. LANDLORD AND TENANT. Fair Rents Act. ( 9199 the application was made, such increased rent shall not be payable until the expiration of fourteen days after the date of such determination. 6. TQ.e court in every case shall have jUrisdiction I?eterrnina. to inquire and decide whether any application or subject : ~ nl to be matter is within the provisions of this Act, and whether a. such application and subject matter may be considered and determined h.ereunder; and every decision, determi- hation, and order of the court purporting to have been made under the provisions of this Act shall be final and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof. 7. No costs shall be allowed in any proceeding under Costs. this Act. . 8. (1.) 'In determining the fair rent the court shallD~ ter: ascertain the unimproved value of the land whereon the Inlllatlon. dwelling-house is erected and the value of the'dwelling- house which value shall be the ~ Tit. of the dwelling- )( house to the owner up to the date 0' t e hearing less such fair and reasonable sum as may be estimated for any depreciation. , (2.) The court shall determine the fair rent at a sum not exceeding ten pounds per centum of the total value of the land and dwelling-house ascertained under subsec- tion one hereof : Provided that, except where circumstances which render an increase equitable are proved to the satisfaction of the court, ~ he fair rent shall not exceed the rent .at which the dwelling-house was let on the first day of October, one thousand nine hundred and nineteen, and to that extent this provision shall have retrospective operation. 9. Where a dwelling-honse is occupied by two or Lessee of more separate lessees, the court shall determine the fair aartll?f a rent of the Whole, and then determine the proportion of h: ! : ~ g­ such fair rent Which it deems to be the fair rent of the portion of' the dwelling-house of the lessee making the application, or (if the lessor makes the application) of the several portions of the dwelling-house so separately ( occupied. 10. 'Where the applicant is the lessee of a dwelling- F~ hed house and furniture, the court shall determine the fair ~ : : ! : . g-

9200 LANDLORD AND TENANT. Fair Rents Act. 10 GEO. V. No. 31, • I rent of~ he dwelling-house irrespective of the furniture, and sh II also determine in its discretion the amount of rent to be paid for the furniture. Pe~ od for 11. (1.) The determination of the court, except as : U~ : ~ io~ e! : r. hereinafter provided, shall remain in force for such in force. period, not less than six months nor more than three years, after such determination as is therein mentioned; and if no period is mentioned it shall remain in force for three years after such determination. Such determination while in force shall apply to any lease of the dwelling-house (or portion thereof to which the determination relates) subsisting for the time being, and to the lessor and lessee thereof, notwithstanding any change of ownership or tenancy. (2.) During the period while such determination is in force- (i.) No application shall be made to vary it, or to determine the fair rent of the dwelling-house (or portion thereof to which the determination relates) unless, if the applicant is the lessor, he satisfies the registrar that substantial alterations or additions have been made to the premises since the determination, or that the outgoings of the lessor in respect of the premises have been increased; Rent to be as determined. (ii.) The rent paid by any lessee shall not ex- ceed the fair rent determined by the court, notwithstanding any term or co'venant in any lease current at the time of the applica- tion, or made at any time thereafterdurin,g such period. ; Any sum paid as rent during such period by any lessee in excess of such fair rent may be recovered by the lessee from the lessor toW-horn it Was paid, in an action· of debt in any court of competent jurisdiction; Offence by lessor. (iii.) Any person who lets the dwelling-house at a rent exceeding the fair rent determip.ed by the court, or knowingly receives any sum as rent exceeding the fair rent as so determined, shall be guilty of an offence against this Act;

LANDLORD AND TENANT. 9201 1920. Fair Rents Act. (iv.) The legal remedies for enforcing any Covenants to covenant or agreement- pay rent. (a) To pay rent for such dwelling-house in excess of that fixed py the determination; or (b) Which directly or indirectly would secure to any person the payment of rent or of money in respect of the occupation of such dWelling- • house so that the amount received by such person would exceed the fair rent fixed by the determination, shall be limited to enforcing the fair rent so determined. 12. If any applicant being a lessee duly pays the Pendency of rent of the dwelling-house leased by him, and otherwise application. performs the conditions of his lease, the lessor shall not, without the consent of the court, demand any increased rent or give any notice or take any proceedings to. terminate the tenancy during the pendency of the application nor for six months thereafter, and on any contravention of this provision the lessor shall be guilty . of an offence against thisrct. 13 From and afte the commencement of this Bonus for Act i~ shall not be lawfu· to give or receive, or to offer, = ~ :wful. promIse, or agree to give or receive, any bonus or pre- mium or any sum of money other than rent in con- sideration of the grant or acceptance of any lease or agreement for a lease of a dwelling-house; and every agreement, whether oral or in writing, which in any way contravenes the foregoing provision shall to that extent be null and void. 14. Notwithstanding anything contained in any Noti~ e o~ other Act or in any law , rule , us ' ag , e contract , or agree- otefrmtemnaantlcOyl. l ment express or implied to the contrary, if a lessee duly pays the rent of the dwelling-house leased by him and otherwise performs the conditions of his lease the lessor shall not be entitled to determine the lease without giving to the lessee at least twenty-eight days' prevIOUS notice to quit: ' Provided that- (a) Nothing herein shall prejudice or affect any lease wherein a longer notice to quit than twenty-eight days is provided for;

9202 LANDLORD AND 'l'ENANT. Fair Rents Act. 10 GEO. V. No. 31, (b) The court may, on an application in that behalf, extend the period of any such notice to quit beyond twenty-eight days to such time as it thinks just and proper under the circumstances. . Contracting 15. Any covenant or agreement by which any oAuctt otof tbheis person purports to limit his right to proceed under this void. Act for the determination of the fair rent of a dWelling- hOUSE:{, or to affect any other rights to which he would be entitled under this Act, shall be void. Threats against lessees. 16. (1.) Any person who by any threat endeavours to dissuade or prevent a lessee from making or prose- cuting any application under this Act shall be guilty of an offence against this Act. Boycotts, .&c. (2.) Any owner of a dwelling-house or agent of such owner who refuses or procures any person to refuse to lease a dwelling-house to any other person desirous of leasing and applying to lease the same, by reason that such other person has made or prosecuted an applica- tion under this Act, shall be guilty of an offence against this Act, and on a complaint under this provision upon proof of such refusal it shall lie upon the defendant to show that the reason for such refusal was other than the making or prosecution of such application. Act~ to the Any person who does or procures any act or thing to ~ : ! ~ : . ent of be done for the purpose of imposing any detriment or disadvantage upon a lessee by reason of his having made an application under this Act shall be guilty of an offence against this Act. If two or more persons concur in such refusal or in the doing of any such act or in procuring such refusal or any such thing to be done as aforesaid, they shall each be guilty of such offence. Inspection of 17. The clerk or other officer having custody of the rate·books. rate-books of a local authority, water authority, or other local governing body shall allow the registrar to inspect and take copies of or extracts from such rate-books, and shall not be entitled to charge any fees in respect of such inspection, copies, or extracM. Information 18. Any person on payment of the sum of sixpence aresnttooffair shall be entitled to obtain from the registrar information dwelling. as to the fair rent of any dwelling-house as determined house. by the court.

LANDLORD AND TENANT. 9203 1920. Fair Rents Act. 19. (1.) Any person who, by any act or omission, is Gene. r~ l guilty of any contravention of any of the provisions. offroV1sl~ ~ . as this Act shall be guilty of an offence against this Act. 0 pena les. (2.) _A ny person who is guilty of an offence against this Act shall be liable to a penalty not exceeding fifty pounds. (3.) Penalties under this Act may be recovered by complaint in a summary way under *" The Justices Acts, 1886 to 1909," before the court or a police magistrate. 20. The Governor in Council may from time to Regulations. time make regulation~ for carrying out the provisions of this Act, and in particular for- (a) Regulating the making and receipt of applica- tions to determine fair rent and prescribing the notices to be given of the same; (b) Prescribing the procedure in respect of such applications; (c) Prescribing the forms which may be used for the purposes of this Act; and (d) Prescribing the duties and powers of the registrar and other officers. Such regulations shaU-- (i.) Be published in the Gazette; (ii.) Take effect from the date of publication or from a later date to be specified in such re,gulations; and (iii.) Be laid before both Houses of Parliament within fourteen days after pUblication if Parliament is in session, and, if not, then within fourteen days after the commence~ ' ment of the next session. If either House of Parliament passes a resolution at any time within fifteen sitting days after such reguhl.- tions have been laid before such Hous~ disallowing any regulation, such regulation shall thereupon cease to have effect, but without prejudice to the validity of any· thing done in the meantime. For the purpose of this Act~ the term" sitting days" shall mean 'days on which the House actually sits for the despatch of business: Provided always that if such regulations and amendments thereof, if any, are not duly laid before Parliament as hereinbefore prescribed, they shall thereupon cease to have any force, effect, or opera- tion whatsoever. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et Beq.