Landlord and Tenant Acts Amendment Act of 1954 (3 Eliz Ii No. 42) (Qld)

254 LANDLORD AND TENANT. Landlord and Tenant Acts, Etc., Act. 3 E liz . II. No. 42, LANDLORD AND TENANT. 3 N E o l . iz 4 . 2I. I. An Act to Amend “ The Landlord and Tenant Acts, T he landlord and T enant A cts A mendment 1948 to 1950,” in certain particulars. A ct of 1954. [A ssented to 29 th N ovember , 1954.] B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Landlord and Tenant Acts Amendment Act of 1954.” ActQCipal (2.) *“ The Landlord and Tenant Acts, 1948 to 1950,’’ ° ' are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be titie. collectively cited as “ The Landlord and Tenant Acts, 1948 to 1954.” Amendments 2. Subsection one of section seven of the Principal s-7(i). Act is amended— (i.) By repealing therein the definition of the term “ Lease ” and by inserting, in lieu of that repealed definition, the following definition:— Lease. “ “ Lease ”—Includes every contract, agreement, or arrangement by whatever name called, whether expressed or implied or made orally, in writing, or by deed, and whether made before or after the commencement of f “ The Landlord and Tenant Acts Amendment Act of 1954”— (a) For the letting or sub-letting of any prescribed premises (including any dwelling- house), whether with the use of furniture or other goods or not and whether with the supply or provision of any linen or other domestic service whatsoever or not; or ( b ) Whereby for valuable consideration (which consideration for the purposes of this Act shall be deemed to be rent) any person is * 12 G. 6 No. 31 and amending Acts, f This

1954. LANDLORD AND TENANT. Landlord and Tenant Acts Amendment Act. 255 licensed, authorised, or permitted to occupy or use any prescribed premises (including any dwelling-house) or any part thereof for the purpose of residence (otherwise than as a bond fide lodger or boarder), but does not include any lease arising under an attornment clause in a mortgage or in an agreement for the sale and purchase of land;”; and (ii.) By repealing therein the definition of the term “ Shared accommodation ” and by inserting, in lieu of that repealed definition, the following definition :— “ “ Shared accommodation ”■—Any part of any shared prescribed premises (including any dwelling- ““mmoda' house) leased, whether that lease is made ’ before or after the commencement of *“ The Landlord and Tenant Acts Amendment Act of 1954,” for the purpose of residence where such lease entitles the lessee to use in common with another or others any one or more of the following amenities, namely—a bathroom, kitchen, lavatory, laundry, or any other amenity whatsoever necessary to make such part of those premises complete for living purposes, and such lease does not entitle the lessee to be served with at least one full meal daily : Provided that such use in common of a laundry only shall not cause an otherwise self-contained unit to be classed as shared accommodation; ”. 3. The following section, numbered 7 a , is inserted New s. 7 a . after section seven of the Principal Act:— “ [7 a .] (1.) The Governor in Council may from time Power to to time by Order in Council— fa^r^tT (a) Declare any premises which he considers are ” used as lodging-houses or boarding-houses to premises, be “ special premises ” for the purposes of this Act; (b) Revoke, amend or otherwise modify any such Order in Council. * This Act.

256 LANDLORD AND TENANT. Landlord and Tenant Acts, Etc., Act. 3 E liz . II. No. 42, While any premises remain so declared the provisions of this section shall apply with respect to those premises accordingly. (2.) Every contract, agreement, or arrangement by whatever name called, whether expressed or implied or made orally, in writing, or by deed, whereby for valuable consideration any person is licensed, authorised, or permitted to occupy or use any special premises or any part thereof for any purpose, whether exclusively or not, whether as a boarder or lodger or otherwise, and whether or not any services are provided for or supplied to that person in relation to such occupation or use, shall be deemed from the declaration of the premises to be special premises or from the making of the said contract, agreement, or arrangement (whichever last happens) to be a lease within the meaning of this Act of the premises or the part thereof as aforesaid, and the consideration payable (including any consideration payable for any services provided or supplied as aforesaid) shall be deemed to be rent, and the provisions of this Act (other than sections forty-two and fifty-one) shall, so far as applicable, apply accordingly subject to the modifications that— (a) Subsection three of section forty-one of this Act shall be read and construed as if for the words “ for a period determined in accordance with the next succeeding section ” there were substituted the words “ for a period of not less than seven days ” ; (b) Subsection five of section forty-one shall be read and construed as if for paragraph (d) thereof there were substituted the following paragraph :— “ (d) (i.) That the conduct of the lessee is a nuisance or annoyance to any other occupant or occupants of the premises or of the building in which the premises are situated or tends to bring the premises or building as aforesaid into disrepute ; or (ii.) That the premises are reasonably required by the lessor for occupation by himself or by some person who ordinarily resides with and is whollv or partly dependent upon him ; ‘

1954. LANDLORD AND TENANT. Landlord and Tenant Acts Amendment Act. 257 4 r Subsection one of section ten of the Principal Amendments Act is amended by adding thereto the followingof s'10 paragraphs :— “ Without limiting the generality of the aforegoing (including the power to prescribe by the rules forms for the purposes of this Act), the rules may require the making of declarations under the *“ Oaths Acts, 1867 to 1924,” for the purposes of this Act, prescribe the matters and things under this Act with respect to which such declarations are required to be made, and specify the information required to be contained in such declarations (it being hereby declared that the rules could always require the making of such declarations, prescribe such matters and things, and specify such information). Any person who for the purposes of this Act furnishes in any form prescribed by the rules any information which is false or misleading in any particular shall be guilty of an offence against this Act.”. 5. The following section, numbered 20 a , is insertedNew s- 20a- after section twenty of the Principal Act:— “ [20 a .] (1.) Notwithstanding anything to theWhenCourt contrary contained in this Part, whenever— determine of its own (a) Two or more dwelling-houses are comprised motion fair in one and the same premises, and anrent8, application for a determination is made in respect of one of those dwelling-houses ; or (b) Any premises are declared under and for the purposes of this Act to be special premises, the Court may cause the registrar at Brisbane to notify in writing and the registrar shall notify accordingly— (i.) The lessor ; and (ii.) The respective lessees, of each and every dwelling-house comprised in those premises, that the Court will, at the time and place specified in the notification, determine the respective fair rents of all dwelling-houses comprised in those premises. * 31 V. No. 12 and amending Acts.

258 LANDLORD AND TENANT. Landlord and Tenant Acts, Etc., Act. 3 E liz . II. No. 42, The notices so given to the lessor and lessees respectively shall, for the purposes of this Part, be deemed to be applications for the determination of the fair rents as aforesaid. (2.) For the purposes of the making of such determinations by the Court an authorised officer shall inspect the premises and make any further investigation necessary and the provisions of subsection three of section seventy-two of this Act shall apply with respect to his report thereon. (3.) At the time specified in the notifications referred to in subsection one of this section the Court may commence to make such inquiry as it considers necessary to enable it to make such determinations, and for that purpose the Court shall have the same powers as it has in connection with an application for a determination under the provisions of this Part other than this section, and every determination made by the Court shall have the same effect for all purposes as a determination made upon such an application.”. New s. 20 b . 6. The following section, numbered 20 b , is inserted after section 20 a of the Principal Act as previously inserted by this Act:— Variation “ [20 b .] (1.) The provisions of this section shall bofyaredgeitsetrra­r not affect the application for, or the making of, mination. any determination under any other provision of this Part. (2.) An application to vary under this section the fair rent of any dwelling-house (or of any dwelling-house together with goods leased therewith) on the grounds of an increase or decrease in the amount of all or any of the following, namely—any rates or any charges for the supply of electricity, gas, water, or fuel payable in respect of the dwelling-house—may be made to the registrar by the lessor or lessee at any time and from time to time. (3.) Upon an application under this section, and upon proof to his satisfaction of the increase or, as the case may be, decrease in the rates or charges in question and of the amount thereof, the registrar may vary the

1954. LANDLORD AND TENANT. Landlord and Tenant Acts Amendment Act. fair rent in question by adding to or subtracting from, according to whether there has been an increase or decrease, each and every periodical amount thereof the sum which, he is satisfied, is equivalent to the variation in the aforesaid rates or charges payable in respect of that period. The registrar may do so without requiring notice of the application to be given to any other person by the applicant but the registrar shall notify the increase or, as the case may be, decrease in the fair rent to any and every person who, to his knowledge, would be entitled to be a party to proceedings upon an application for a determination in respect of the dwelling-house in question. (4.) Every variation of the fair rent of a dwelling-house (or of any dwelling-house together with goods leased therewith) made under this section shall be in force on and from the date fixed by the registrar on and from which he is satisfied the increase or, as the ease may be, decrease in the rates or charges in question became effective. (5.) The fair rent of any dwelling-house (or of any dwelling-house together with goods leased therewith) as varied under this section shall for the purposes of the provisions of this Act (excepting the provisions of section twenty-three of this Act) be deemed to have been fixed under a determination under this Part but any variation of the fair rent by a registrar under this section shall be deemed not to be a determination for the purposes of section twenty-three of this Act.”. 259 7 The following section, numbered 72 a , is inserted News. 72 a . after section seventy-two of the Principal Act:— “[72 a .] (1.) The registrar at Brisbane or any Power of authorised officer may enter upon and inspect any^s^ar’ prescribed premises wherever situated for the purposes inspect, &c. of investigating any matter arising under this Act and inspect any documents, books, or papers in the custody of any person relating to any fact or circumstance which in the opinion of that registrar or authorised officer is relevant to that investigation.

260 LANDLORD AND TENANT. Landlord and Tenant Acts, Etc., Act. 3 E liz . II. No. 42, 1954. (2.) The registrar or any authorised officer may make copies of or take abstracts from any documents, books, and papers (or of any entries therein), or impound or retain any documents, books, and papers produced to him or inspected by him in pursuance of this section but, in the case lastmentioned, the person entitled to those documents, books, and papers shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the registrar, and such certified copy shall be received in all Courts as evidence and as of equal validity to the original. (3.) A person shall not hinder, obstruct, or otherwise interfere with, or attempt to hinder, obstruct, or otherwise interfere with the registrar or any authorised officer in the execution of any of his powers under this section.”. LAW REFORM (LEGITIMACY OF CHILDREN OF VOIDABLE MARRIAGES). See M arriage and D ivorce . LEGAL PRACTITIONERS. See S upreme C ourt .