Landlord and Tenant Acts Amendment Act of 1950 (14 Geo Vi No. 9) (Qld)

)64 PART IV.- GENERAL. LAND- LANDLORD AND TENANT. Landlord and Tenant, Etc., 4..ct. 14 GEO. VI. No. 9, land settlement or for advances to settlers which have, before the passing of this Act, been applied in meeting claims for compensation and matters incidental thereto, or in acquiring, developing, effecting improvements on, constructing roads of access to, or otherwise preparing for settlement the lands referred to in subsection one of this section, and in the making of advances to persons settled upon those lands for the purpose of providing . working capital, effecting and paying for improvements, and acquiring stock, plant, and equipment shall be deemed to have been validly applied. (3.) Any moneys so appropriated which have not been so applied before the passing of this Act and which, after the passing of this Act, remain available may be applied for the purposes for which those moneys were appropriated without further appropriation by Parliament. LAND. See PUBLIC SERVICE (STATUTORY SALARIES AND ALLOWANCES). LANDLORD AND TENANT. 14 GEO. VI. N T o HE 9. An Act to Amend "The Landlord and Tenant Acts, LANDLORD AND TENANT 1948 to 1949," in a certain particular. AOTS AlIlENDlIlENT AOTOF [ASSENTED TO 26TH OCTOBER, 1950.] 1950. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative .Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Landlord and :!truction. Tenant Acts Amendment Act of 1950," and shall be read as one with *" The Landlord and Tenant Acts, 1948 to 1949," herein referred to as the Principal Act. Collective title. The Principal Act and this Act may collectively be cited as " The Landlord and Tenant Acts, 1948 to 1950." o A f m s. en 2 d 1. ments amen2d.ed (1. a ) s Sfeocltlioonwstw: - enty-one of the Principal Act is (a) The proviso to subsection two thereof is repealed. * 12 G. 6 No. 31 and amending Acts.

LANDLORD AND TENANT. 1950. Landlord and Tenant, Etc., Act. (b) The following subsection is inserted after subsection two thereof, namely:- "(2A.) On and from the date (hereinafter in this subsection referred to as the" said date ") of the passing of *" The Landlord and Tenant Act8 Amendment Act of 1950" the rent which shall be payable by the lessee to the lessor and which shall be recoverable by the lessor from the lessee where the fair rent shall have been fixed (whether before or after the said date) as aforesaid shall be that fair rent while it remains in force (or in a case of a fair rent fixed as aforesaid before the said date continues to remain in force on and after the said date). If the lessee fails to make due payment of any amount of the rent payable to and recoverable by the lessor as aforesaid the lessor may, notwithstanding any term, provision, or covenant of a lease made before and in force after the fair rent has been fixed as aforesaid, recover that amount: Provided that the foregoing provisions of this .subsection shall apply so that rent shall not be payable or recoverable, or any unpaid amount ofrent be recovered, thereunder for and in respect of a time or times in respect whereof the lessor and lessee shall, whether before or after the said date but in every case after the fair rent has been fixed as aforesaid, have agreed that a rent less than the fair rent fixed as aforesaid shall be payable, but in every case of such an agreement the rent payable to the lessor and recoverable by him in respect of the agreed upon time or times shall be the rent which it has been so agreed shall be payable: Provided further that where the lessor and the lessee shall have agreed as aforesaid that a lesser rent shall be payable for and in respect of a time which is not a fixed period agreed upon by them, then that lessor may determine that agreement as on and from a later date by notifying the lessee that hE' requires payment, on and from that date, of the amount of the fair rent fixed as aforesaid : Provided finally that a lessee under a lease for a fixed term who is required by the foregoing provisions of this subsection to pay rent in excess of the amount thereof agreed upon in that lease may, notwithstanding t This Act. 165

166 LANDLORD AND TENANT. Landlord and Tenant, Etc., Act. 14 GEO. VI. No. 9, 1950. any term., provision or covenant of that lease, for that reason terminate his tenancy thereunder by giving up possession to the lessor of the leased premises within thirty days after the date when the increased rent first became payable by him." (2.) Subsection 2A of section twenty-one of *" The Landlord and Tenant Acts, 1948 to 1950" (as inserted by this Act), shall not apply to or with respect to any amount of rent for or in respect of any time or times before the date of the passing of t" The Landlord and Tenant Acts Amendment Act of 1950" which, having been lawfully payable by a lessee to a lessor under the proviso to subsection two of the said section repealed by this Act, shall not have been paid to or recovered by that lessor, and the said repealed proviso as existing prior to the repeal thereof by this Act shall continue in force so far as relates to any such amount. Where a sum paid on account of any rent for or in respect of any time or times before the date of the passing of t" The Landlord and Tenant Acts Amendment Act of 1950" exceeded the amount of that rent recoverable by the lessor under the aforementioned repealed proviso, then, notwithstanding any rule or practice of law to the contrary, the amount of that excess shall be recoverable in any court of competent jurisdiction as a debt from the lessor who received payment thereof by the lessee by whom it was paid. ~ - - - - - - - - ~ ~ ~ ~ - * 12 G. 6 No. 31 and amending Acts. tThis Act.