Landlord and Tenant (Amendment) Act 1936 (NSW)

LANDLORD AND TENANT (AMENDMENT) ACT.

Act No. 50, 1936.

An Act to amend the law relating to landlord and tenant; for this and other purposes to amend the Landlord and Tenant Act of 1899, the Landlord and Tenant (Amend- ment) Act, 1932-1935, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 9th December, 1936.]

1 . This Act may be cited as the ' 'Landlord and Tenant (Amendment) Act, 1936."

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of Xew South by and Avith the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same. «s follows :—

2. The Landlord and Tenan t Act of 1899, a s amended

by subsequent Acts , is amended—

(a) by inserting next after section twenty-two the following new sect ion:—

22A. F o r the purposes of this P a r t of this Act

and notwi ths tanding any th ing in such P a r t	con­
ta ined—

(a) Proof of the payment by any person of ren t in respect of any land shall give rise to a conclusive p resumpt ion—

(i)   of the existence of a tenancy in respect of such l a n d ; and

(ii)   that such person holds such laud as tenant of the person to whom or to whose agen t such r en t is

p a i d ; and

(iii)   that the person to whom or to whose agen t such r e n t is pa id is the landlord of whom such t enan t holds such land.

(b)	Any tenancy the existence of which is so p resumed shall, in the absence of proof to the cont ra ry , be deemed to be a tenancy determinable a t the will of
c i ther of the pa r t i e s—

(i)    by one week 's notice in wr i t ing in a n y case in which the r e n t is pa id

or payable in respect of weekly

in t e rva l s ;

(ii)	by one m o n t h ' s notice in	wr i t ing
in any other case.

(c)	A w a r r a n t issued unde r this P a r t of this Act may be executed not only aga ins t the person aga ins t whom the informa­ tion was exhibited but also aga ins t every person claiming under him who is in actual occupation of the land or any
pa r t thereof.

A

A person who became the occupier of the land or any p a r t thereof, under a tenancy held of the person aga ins t whom the informat ion was exhibited and whose occupancy is referable to such tenancy, shall be deemed to claim under the person aga ins t whom the informat ion was exhibited whether or not such tenancy has expired or other­ wise been determined.

(d ) W h e r e a landlord has conveyed to a pur­ chaser the land the subject of a tenancy, a notice in wr i t ing of such fact, s igned by the landlord or his solicitor, speci­ fying the name of the purchaser and di rect ing the t enan t to pay all future r en t s to such purchaser , served upon the t enan t of such land, shall be deemed to opera te as an a t to rnmen t as t enan t to such purchase r by such t enan t a t the ren t and subject to the s t ipula t ions , agreements and conditions of such tenancy subsis t ing at the da te of service of such notice.

Such notice may be served either per­ sonally or by leaving the same for the t enan t a t any occupied house or bui lding upon the land or by p roper ly address ­ ing, p r e p a y i n g and pos t ing a le t ter con­ ta in ing the notice, and where so served by the post the service shall be deemed

to have been effected at the t ime a t

which the le t te r would be delivered in
the o rd ina ry course of post .

(e) A notice to quit or a notice of intention to quit may expire a t any t ime provided the length of the notice required by law or by the agreement of the pa r t i e s is given, no twi ths tand ing t h a t the da te indicated in the notice as the date upon which possession is to be given, does not coincide wi th the las t day of a per iod of the tenancy.

(b)

(b)	by omitting from subsection two of section
twenty- three the word " c r e a t i o n " a n d by in­
ser t ing in lieu thereof the word " h o l d i n g . "

3. (1) The Landlord and Tenan t (Amendment ) Act,

L932-1935, is amended—

(a) by inserting next after section sixteen the fol­ lowing new sect ion:—

16A. (1) Any lessee or lessor may apply to the cour t to have the annual ren t of a lease to which this P a r t of this Act applies ( including a lease brought within the opera t ion of th is P a r t of this Act by the amendments made by section two of the Land lo rd and Tenan t (Amendment ) Act, 1935) determined for the balance of the t e rm or du r ing the per iod for which this P a r t of this Act is in force whichever is the shor te r period.

(2) Such applicat ion shall be made not

la te r than the th i r t ie th day of J u n e , one	thousand
nine hundred and thir ty-seven.

(3) Any such applicat ion may be so made whether or not an applicat ion has been made with respect to the same lease under section sixteen of this Act.

(4) The provisions of subsections three
and four of section sixteen of this Act shall

apply to and in respect of any applicat ion under

this section. (5) E v e r y o rder made by the cour t upon

any applicat ion unde r this section shall have effect according to i ts tenor from such date not ear l ier than the date of the appl icat ion as may be specified in the order .

(6) A n y order which was made by the court upon an appl icat ion unde r section sixteen of this Act to determine the annual ren t of any lease and which, e i ther as original ly made or as a l tered or amended under the au thor i ty of this

Act,

Act, is in force immediately before the com­ mencement of subsection one of section three of the Land lo rd and Tenan t (Amendment ) Act , 1936, shall continue in force—

(a)	for the balance of the term of such lease or du r ing the per iod for which this P a r t of this Act is in force whichever is the
shor te r pe r iod ; or
(b)	until an order made with respect to the same lease on an appl icat ion under th is section takes effect.

(b) by inser t ing in p a r a g r a p h (a) of subsection one

of section twenty-four af ter the word " s i x t e e n "

the words and figures " o r under section 1 6 A " ;

(c)	by omitting from section twenty-eight the word
" t h i r t y - s i x " and inser t ing in lieu thereof the
word " t h i r t y - e i g h t . "

(2) The Land lo rd and T e n a n t (Amendment ) Act,

1932-1935, is fu r ther amended by inser t ing a t the end of
section twen ty the following new subsect ion:—

(3) A n applicat ion under this section shall no t be made af te r the da te upon which the assent of H i s Majes ty to the Landlord and Tenan t (Amendment ) Act, 1936, is signified.

(3) Subsection one of th is section shall commence

on the thirty-first day of December, one thousand nine

hundred and thi r ty-s ix .

GAS