Fair Rents (Amendment) Act 1928 (NSW)

FAIR RENTS (AMENDMENT) ACT.

Act No. 32, 1928.

An Act to amend in certain respects the Fair Rents Act, 1915, as amended by subsequent Acts, and certain other Acts; and for purposes connected therewith. [Assented to, 9th November, 1928.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Eeg'is-	lative Council and Legislative Assembly of Xc\v South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Fair Rents (Amendment) Act, 1928," and shall be read with the Fair Bents Act, 1915, as amended by subsequent Acts. (2)

(2) The Fair Rents Act, 1915, as so amended is

in this Act referred to as the Principal Act.

(3) The Principal Act as amended by this Act

may be cited as the Pair Rents Acts, 1915-1928.

2.    The Principal Act is amended—

(a) by omitting therefrom the words "or shop" wherever occurring;

(b) (i) by omitting from section two the definition of the words " Dwelling-house," and by inserting in lieu thereof the following definition :—

" Dwelling-house " means any premises leased substantially for residence by a lessee and any land or appur­ tenances leased with such premises,

(ii)  by inserting at the end of the definition of the word " R a t e s " in the same section the words " or by a statutory authority " ;

(iii)  by omitting paragraph (a) of the definition of the word " R e n t " in the same section, and by omitting from paragraph (c) of the same definition the words " or taxes " ;

(iv)   by omitting from the same section the definition of the word "Shop . "

(c) (i) by omitting subsections two, three, and four of section three and by inserting the following subsection which shall be read as subsection two of section three :—

course of erection on the date of the com­ dwelling-house erected after or in the (2) This Act shall not apply to a mencement of the Pair Rents (Amendment)
Act, 1928.

(ii)   by omitting subsection six of the same section and by inserting in lieu thereof the following subsection :—

(6) This Act shall not apply to—

(a) the premises of any shop ; or

(b) any premises part of which is used as a shop; or

(c)

(c)	any premises licensed under the Liquor Act, 1912 ; or
(d)	the premises of any registered club; or
(e)	the premises of any lodging-house or boarding establishment; or
(f)	any dwelling-house ordinarily leased for summer residence; or
(g)	the premises of any farm, grazing area, orchard, market garden, or dairy fa rm; or
(h)	the premises of any residential chambers; or

(i)  the premises of any residential flats ; or

(j) a dwelling-house with which is occupied an area greater than one half acre.

3.   The Principal Act is further amended—

(a) (i) by omitting from subsection one of section
six the words " or who satisfies the court
that the non-payment of such rent is

excusable " ;

(ii)  by omitting from the same section the words " and any lessee may so apply not­ withstanding that notice to quit or notice to terminate the tenancy has been given " ;

(iii) by inserting at the end of the same section	the following new subsections :—
(6) Where prior to the date of the receipt of the application the lessor has given a valid written notice to terminate the lease or to quit the premises and such notice has not been waived the court shall not entertain the application.
(7) Where upon the hearing of any application it appears to the court that the applicant has sublet the whole or any part of the dwelling-house the court shall dismiss the application.

(s)

(8) "Where during the period of a deter­ mination it is made to appear to the court that the lessee has sublet the whole or any part of the dwelling-house the court shall by order declare the period of the determination to be terminated.

(b) by omitting from section seven the words " upon such hearing " ;

(c) (i) by omitting subsection one of section nine and by inserting in lieu thereof the following subsection :—

(1) In determining the fair rent the

court shall first ascertain the capital value

of the dwelling-house as at the time of the

receipt of the application.

Such capital value shall be the capital sum which the fee-simple of the property comprising the dwelling-house and the land occupied therewith might be expected to realise if offered for sale on such reason­ able terms and conditions as a bona-fide seller would require.

(ii)  by inserting in subsection two of the same section next after the words " not less t h a n " the words " o n e and one-half per centum above " ;

(hi) by omitting from the same subsection the per centum above such last mentioned words " a n d not more than two and a half

r a t e " ;

(iv)  by omitting the first proviso to the same subsection ;

4.    The Principal Act is further amended—

(a) by inserting in section eleven after the words

" t o determine the lease" the words " o r

recover possession of the dwelling-house " ;

(b)

(b) by inserting at the end of the same section the following new subsections :—

(2) Where a valid notice to quit a dwelling- house, or to terminate the lease thereof has been given prior to the lodging of an applica­ tion for the determination of the fair rent

thereof, the taking of proceedings to recover

possession of the dwelling-house shall not be a
contravention of this section.

(3) Where at least twenty-eight days' notice to quit a dwelling-house or to terminate the lease thereof at the end of the period of a determination or at some date subsequent to such period, is given by a lessor, the giving of such notice shall not in any case be a contra­ vention of this section.

(1) Where a lessor has upon the sale of a dwelling-house agreed to give vacant posses­ sion thereof to the purchaser, and gives at least twenty-eight days' notice to the lessee requiring him to quit the dwelling-house, neither the giving of such notice nor the taking of any proceedings to recover the possession of the dwelling-house, shall be a contravention of this section.
(5) Where a dwelling-house is reasonably required by the lessor for occupation as a residence for himself or for some member of his family, and the lessor gives at least twenty- eight days' notice to the lessee requiring him to quit the dwelling-house, neither the giving

ceedings to recover the possession of the of such notice nor the taking of any pro­
dwelling-house shall be a contravention of this section.
(c)	by omitting from section thirteen the words " for such period not less than twelve months nor more than three years after such deter­ mination as may be therein mentioned; but if no period is mentioned, it shall remain in force for three years after such determination " and by inserting in lieu thereof the words " for a period of twelve months after the determina­
tion." (d)

(d) by inserting at the end of section eighteen the following new subsections :—

(2) The court may at any stage of the pro­ ceedings before it state in the form of a special case for the opinion of the Supreme Court any question of law arising in the course of the proceedings.

(3) The Supreme Court, for the purpose of hearing any such case, may consist of one or more judges.

(4) The judges of the Supreme Court, or any two of them, may make rules with regard to the setting down of any case for argument, and the hearing and decision of the same, and its return with the decision of the Supreme Court thereon.

(5) The decision of the Supreme Court on the hearing of any such case shall be binding upon the Pair Rents Court and upon the parties to the proceedings.

(e) by omitting section 21A.

(f) (i) by inserting in section twenty-four after the

word " fou r t een" wherever occurring the
word " sitting " ;

(ii)   by inserting in the same section after the word " reso lu t ion" the words "o f which notice has been given " ;

(iii)   by inserting in the same section after the

words " a n y regulat ion" the words " o r

part thereof " ;

(iv)  by inserting in the same section after the words "such regulation" the words " o r

p a r t " ;

(g) by omitting from section twenty-five the words " before the court " and by inserting in lieu thereof the words "before two justices."

5 . In the case of any lease, within the meaning of the Pair Rents Act, 1915, as amended by subsequent Acts, a notice to quit shall not be deemed to be waived by the acceptance of rent after the giving of the notice :

Provided

Provided that the said notice "was not, in the opinion of the court, given to protect the lessor against the provisions of the Fair Rents Act, 1915-1928.

6 . The Principal Act is further amended by inserting next after section twenty-live the following new section :—

26. This Act shall cease to have effect on the first day of Ju ly in the year one thousand nine hundred and thirty-three.