Increase of Rent (War Restrictions) Act Amendment Act 1943 (WA)

INC1.2ASE OF RENT (WAR

RESTRICTIONS)

7° Gino. VI., No. XXIX.

No. 34 of 1943.

AN ACT to amend the Increase of Rent (War Restric-

tions) Act, 1939-1941.

[Assented to llth November,1943.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Increase of Rent Short title.

(War Restrictions) Act Amendment Act, 1943, and shall

No. 34.] Increase of Rent (War Restrictions). [1943.

be read as one with the Increase of Rent (War Restric- tions) Act, 1939 (No. 45 of 1939 as amended by Act No. 48 of 1941), hereinafter referred to as the principal Act.

Amendment

of s. 2 of 2. Section two of the principal Act is amended as

principal Ac follows :—

(a)	by adding at the end of the second line of the definition of "Land" the following "and where land is leased together with goods and chattels it includes such goods and chattels."
(b)	by adding at the end of the fourth line of the definition of "Lease" the following "and includes a contract for the letting of any premises together with the use of furniture or other goods."

(c) by inserting in line eight of the definition of "Standard Rent" after the word "lease" where it first occurs the following "With respect to premises which are first leased after the thirty-first day of August One thousand nine hundred and thirty-nine and for which no determination of a fair rent has been made, the standard rent shall be the rent at which the premises are first let as aforesaid unless and until such a determination is made."

New section

to be inserted	3. A new section shall be inserted in the principal
in principal

Act.	Act after section five as follows :—
Lessee may

require statu-	5A. (1) If the lessor of any land was the lessor
tory declara-

tion as to	thereof on the thirty-first day of August, One thous-
standard
rent.	and nine hundred and thirty-nine, the lessee may by notice require the lessor to furnish him with a statu- tory declaration as to the rent thereof on that date and the lessor shall furnish a statutory declaration accordingly within seven days after the receipt by him of the notice.
(2) Notice to the agent of the lessor shall be sufficient notice to the lessor.

1943.] Increase of Rent (War Restrictions). [No. 34. (3) Where any lessor is a body (whether cor- porate or unincorporate) any declaration which that lessor is required to furnish under this section shall be made by some officer or member thereof having knowledge of the fact.

Amendment

4.

Section six of the principal Act is amended by deleting the words "the first" in line five of subpara- graph (i) of paragraph (a) of subsection (1) of the said section and inserting in lieu thereof the word "any."	of s. 6 of the principal Act.
New sections

5. New sections shall be i inserted nser in the principal Act to be Inserted

in principal

after section eleven as follows:—

Act.

Refusal to

11A. (1) A person shall not refuse to let a dwell- ing house to any person on the ground that it is	let a house to applicant
with a
intended that a child shall live in the dwelling-house.	family Pro-
hibited.
Provided that the Court may on application by the lessor if satisfied that the lessee has failed to take reasonable and proper care of the premises or of ally goods and chattels leased therewith make an order for the recovery by the lessor of possession of the premises and any goods and chattels leased therewith and for the ejectment of the lessee there- from.
(2) In any prosecution for an offence arising under this section where it is proved that a person has refused to let a dwelling-house to any person it shall lie upon the first-mentioned person to prove that the refusal was for some reason other than that it was intended that a child should live in the dwelling-house.

(3)

A person shall not state his intention by adver- tisement or otherwise not to let a dwelling-house to ally person if it is intended that a child shall live in the dwelling-house.

Penalty for any offence against any provision of this section—Twenty pounds.

Record of

11B. (1) A lessor shall by himself or his agent rents.

keep or cause to be kept a record showing the rent received in respect of any land (and of land together with furniture or other goods) leased by him.

No. 34.] Increase of Rent (War Restrictions). [1943.

Where the land was leased on the thirty-first day of August, One thousand nine hundred and thirty-nine, such record shall show the rent and the name of the lessee at that date. Where the land was first leased after the thirty-first day of August, One thousand nine hundred and thirty-nine, such record shall show the rent when such land was first leased and the name of the lessee at that time. Where a fair rent has been determined with respect to any land such record shall show the amount of the fair rent, the court which made the determination and the date thereof.

The record and any previous like records

shall be available for inspection by any tenant of

the prescribed premises.

(2)

The lessor shall, by himself or his agent, pro- duce the records at the hearing of any application under this Act, and the records shall, at the hearing, be evidence of the contents thereof.

(3)

A lessor or agent shall not make or allow to

be retained in any such record any false entry in a

material particular.

(4)

Penalty for any offence against any provision of this section—Twenty pounds.

Citation of

principal Act 6. The principal Act as amended by this Act may be

as amended.	cited as the Increase of Rent (War Restrictions) Act,
1939-1943.