Landlord and Tenant Acts Amendment Act of 1961 (10 Eliz ll No. 29) (Qld)

87 (@uecmlfottb ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••••••••• No. 29 An Act to Amend "The Landlord and Tenant Acts, 1948 to 1957," in certain particulars [ASSENTED TO 24TH NOVEMBER, 1961] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) This Act may be cited as " The Landlord Short title and Tenant Acts Amendment Act of 1961." (2) " The Landlord and Tenant Acts, 1948 to 1957," Principal Act are in this Act referred to as the Principal Act. (3) The Principal Act and this Act may be <;ollective collectively cited as " The Landlord and Tenant Acts, title I948 to I961."

88 Landlord and Tenant Acts, Etc., Act 10 ELIZ. II. No. 29, Amendment 2. Subsection (2) of section 4A of the Principal ofs.4A Act is amended by omitting the proviso and inserting at the end of that subsection as so amended the following paragraph :- " Such an agreement may be made in respect of any lease, but in respect of a particular lease shall be for the purpose of that lease only." Aofms.en 7 dments Act i 3 s . aSmuebnsedcetido- n (1) of section seven of the Principal (a) by omitting from the definition " Lease " the words " prescribed premises (including any dwelling- house) ", twice occurring, and inserting in their stead, wheresoever omitted, the word " dwelling-house " ; (b) by omitting the definition " Prescribed premises " and inserting in its stead the following definition :-- Prescribed premises " " Prescribed premises "-Any dwelling-house other than holiday premises ; " ; (c) by omitting from the definition " Shared accommodation" the words "prescribed premises (including any dwelling-house) " and inserting in their stead the word " dwel1ing-house " ; and (d) by omitting from the definition " Shared accommodation " the words " those premises " and inserting in their stead the words " the dwelling-house ". o A f m s. en 1 d 6 ment amen4d.ed (1) bySeocmtiiottningsisxutebesnectioofn ( t 2 h ) e anPdrinincsiperatlingAicnt itiss stead the following subsection :- " (2) For the purposes of this section the capital value of a dwelling-house shall be- (a) \Vhere that dwelling-house existed on the first day of July, one thousand nine hundred and forty-eight, the present actual capital value thereof reduced by twenty per centum of that present actual capital value ; (b) Where that dwelling-house did not exist on the first day of July, one thousand nine hundred and forty-eight- (i) the present actual capital value thereof reduced by twenty per centum of that present actual capital value ; or

1961 Landlord and Tenant Acts, Etc., Act 89 (ii.) the actual capital value thereof as at the date upon which the erection of the dwelling-house was completed, less such depreciation (if any) in value since that date as the Court considers to be fair and equitable, whichever is the greater." (2) Subsection (1) of this section shall come into operation on the first day of March, one thousand nine hundred and sixty-two. 5. The following section is inserted after section 20c News. 200 of the Principal Act :- " [20D.] (1) A lessor of any dwelling-house (or Power of any dwelling-house together with the goods leased f~~~~!~eto therewith) existing on the first day of July, one thousand rental nine hundred and forty-eight, may, after the first day of March, one thousand nine hundred and sixty-two, subject to the express provisions of any lease of the premises for a fixed term which has not expired, by notice in writing served on the lessee, require that after the expiration of fourteen days from the service of that notice the rent of the dwelling-house which has been fixed prior to the first day of March, one thousand nine hundred and sixty-two, under or pursuant to- (i) The provisions of section thirteen, 20B or 20c of this Act ; or (ii) A determination under this Part, shall be increased to such an amount as is specified in the notice not being more than fifteen per centum in excess of the rent so fixed prior to the first day of March, one thousand nine hundred and sixty-two. Upon the expiration of the said period of fourteen days the amount so specified shall (subject to subsection (2) hereof) be the fair rent of the premises for all the purposes of this Act and notwithstanding that the date from which such increase shall take effect does not coincide with the last day of the period of the tenancy. (2) The fair rent of any dwel1ing-house as increased pursuant to this section shaH for the purposes of the provisions of this Act (excepting the provisions of section twenty-three of this Act) be deemed to be fixed under a

90 Landlord and Tenant Acts, Etc., Act 10 ELIZ. IL No. 29, determination under this Part, but any variation of the fair rent by a lessor under this section shall not be deemed to be a determination for the purpose of section twenty-three of this Act." o A f m s. en2d2ment amen6d.edSebcytioadnditnwgetnhtey-ftowlolowoinfg tphreoviPsroin:c-i•pal Act is " Provided that, in any proceedings in any court of competent jurisdiction for the recovery of such sum as a debt, a lessee shall not be entitled to recover any moneys paid more than twelve months before the date of institution of those proceedings." Amendment 7. Section twenty-three of the Principal Act is of s. 23 amended by omitting from subparagraph (i) the figures " 1957 ", twice occurring, and inserting in their stead, wheresoever omitted, the figures " 1961 ". Repeal of s. 39 8. (1) Section thirty-nine of the Principal Act is repealed. (2) All Orders in Council under section thirty-nine of the Principal Act in force immediately prior to the commencement of "The Landlord and Tenant Acts Amendment Act of 1961 " are hereby revoked. o A f m s. en41dments ame9n.deSde- ction forty-one of the Principal Act is (a) by omitting from subsection (4A) the words " those premises " and inserting in their stead the words " the premises " ; (b) by omitting paragraph (g) of subsection (5) and inserting in its stead the following paragraph :- " (g) That the premises are reasonably required by the lessor for occupation by himself, or by some person who ordinarily resides with, and is wholly or partly dependent upon, him ; " ; (c) by omitting paragraph (l) of subsection (5) and inserting in its stead the following paragraph :- " (l) That the lessor has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser

1961 Landlord and Tenant Acts, Etc., Act 91 is entitled to vacant possession of the premises, and the premises are reasonably required by the purchaser for occupation by himself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him ; " ; (d) by omitting from paragraph (p) of subsection (5) the words "being a dwelling-house", wheresoever occurring ; and (e) by omitting paragraph (q) of subsection (5). 10. Section forty-nine of the Principal Act is Amendment amended by omitting from subsection (3) the words of s. 49 " ; or (c) Any prescribed premises other than a dwelling- house ". 11. Section sixty-eight of the Principal Act is Amendment amended by omitting the words " or prescribed premises " of s. 68 wheresoever occurring.