Landlord and Tenant (Amendment) Act 1954 (NSW)
LANDLORD AND TENANT (AMENDMENT) ACT,
Act No. 46, 1954.
An Act to amend the law relating to landlord and tenant and licensees; for this purpose to amend the Landlord and Tenant (Amend- ment) Act, 1948, the Landlord and Tenant Act of 1899, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 16th December, 1954.]
| BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- | lative Council and Legislative Assembly of New South |
| Wales in Parliament assembled, and by the authority of the same, as follows :— | |
| 1 . (1) This Act may be cited as the "Landlord and Tenant (Amendment) Act, 1954." |
| may be cited as the Landlord and Tenant (Amendment) Act, 1948-1954. | (3) |
(2) The Landlord and Tenant (Amendment) Act,
1948, as amended by subsequent Acts and by this Act,
(3) The Land lo rd and Tenan t Act of 1899, as amended by subsequent Acts and by th is Act, may be cited as the Land lo rd and Tenan t Act , 1899-1954.
2 . as amended by subsequent Acts , is amended— The Land lo rd and Tenan t (Amendment ) Act, 1948, (a) ( i) by inser t ing a t the end of subsection one of section 6A the words ' ' and may also by t h a t order declare t ha t each and every p a r t of those prescr ibed premises which is a t any t ime while the order has force or effect the subject of a separa te agreement or a r r ange ment whether oral or in wr i t ing of leave and license for the use of t ha t p a r t shall be ' special p r e m i s e s ' for the purposes of this A c t " ; (ii) by inserting next after the same subsection the following new subsection:—
(1A) (a) Any order made unde r subsec t ion one of this section before the commencement of the Land lo rd and Tenan t (Amendment) Act, 1954, and hav ing force or effect immediately before such commence ment declar ing t ha t any prescr ibed premises shall be " spec i a l p r e m i s e s " for the pur poses of this Act shall have effect and shall be deemed always to have had effect as though tha t o rder had also declared t h a t each a n d every p a r t of those prescr ibed premises which is a t any t ime while the
separa te agreement or a r r angemen t whether order has force or effect the subject of a oral or in wr i t ing of leave and license for the use of t ha t p a r t shall be " spec ia l p r e m i s e s " for the purposes of this Act. (b) A pe rson shall not, by reason of the enactment of p a r a g r a p h (a) of this subsection, be gui l ty of an offence agains t this Act in respect of any th ing done or omitted to be done by him before the com mencement of the Land lo rd and Tenan t
Amendment
(Amendment ) Act, 1954, if he would not 1
have been so gui l ty had tha t p a r a g r a p h not been enacted. (iii) by omit t ing from p a r a g r a p h s (a) and (b) of subsection two of the same section the words ' ' any prescr ibed p r e m i s e s ' ' wherever occurr ing and by inser t ing in lieu thereof
the words " t h e ' special p r emise s ' " ; (iv)
by omit t ing from p a r a g r a p h (b) of the same subsection the words " a n y such p r e m i s e s " and by inser t ing in lieu thereof the words
" t h e ' special p r emise s ' " ;
(v) by omit t ing p a r a g r a p h (a) of subsection three of the same section and by inser t ing in lieu thereof the following p a r a g r a p h : —
(a) W h e r e any prescr ibed premises (not being prescr ibed premises t ha t a re declared to be " spec ia l p r e m i s e s " under subsection one or subsection (1A) of this section) a r e after the commencement of the Landlord and Tenant (Amendment ) Act, 1954, occu pied by any person for the purposes of residence under an agreement or a r r ange ment whether oral or in wr i t ing of leave and license for the use thereof (whether tha t agreement or a r r angemen t was entered into before or after tha t commencement and whether the occupancy by tha t person for the purposes of residence unde r tha t agree ment or a r r angemen t commenced before or
mises or any p a r t of such premises or the af ter t ha t commencement) , and such pre premises of which such premises form a part have, af ter the th i r t ie th day of J u n e , one thousand nine hundred and forty-nine, been the subject of a lease (whether the lease was entered into before or af ter tha t da te ) , the p rescr ibed premises shall, subject to p a r a g r a p h s (b ) , (c) and (d) of this sub-
section, be deemed to be " spec ia l p r e m i s e s " for the purposes of this Act. (b)
(b) (i) by inser t ing in subsection one of section seven af ter the words " o n e thousand nine hundred and forty-f ive," the words " a n d before the commencement of the Landlord
and Tenan t (Amendment ) Act, 1 9 5 2 , " ; (ii) by inserting in the same subsection after the words " t h r e e m o n t h s " the words " o r tha t they have at some time af ter the com mencement of the Land lo rd and Tenan t (Amendment) Act, 1 9 5 2 , been leased to or occupied by a lessee for a continuous period
exceeding eight w e e k s " ;
(c) (i) by omit t ing from subsection one of section
eight the definition of " a p p l i c a t i o n " ; (ii) by inserting next after subsection two of the same section the following new subsec tion :—
( 2 A ) N O prescr ibed premises forming
p a r t of o ther prescr ibed premises shall be r ega rded as not forming a complete resi dence in themselves by reason only of the fact tha t a l aundry or l aundry facilities a re used by the lessee of tha t p a r t in common with any one or more of the following persons , namely, the lessor or other persons occupying other p a r t s of the prescr ibed premises of which the firstmentioned prescr ibed premises form a pa r t .
(d) by omit t ing from subsection three of section nine the words " p e n d i n g a p p e a l s " wherever occurr ing and by inser t ing in lieu thereof the
words " p e n d i n g applicat ions and a p p e a l s " ; (e) (i) by omit t ing from subsection one of section
fifteen the figures " 1 9 5 1 " and by inser t ing in lieu thereof the figures " 1 9 5 4 " ; (ii) by omitting from subsection two of the same section the figures " 1 9 5 1 " and by inser t ing
in lieu thereof the figures " 1 9 5 4 " ;
(iii)
(iii) by omitting subsection four of the same section and by inser t ing in lieu thereof the following subsection:—
(4) The rent fixed by subsection one or subsection two of this section shall—
(a) where that rent is so fixed in respect
of prescr ibed premises without goods—
(i) be the fair rent of the
prescr ibed premises without goods unt i l a de terminat ion has been made in respect of those premises without goods; and
(ii) unless a rent is also fixed by subsection one or subsection two of this section in respect of the premises together wi th goods, be the fa i r r en t of the prescr ibed premises together with goods unt i l a determina tion has been made in respect of those premises together
with goods ;
(b)
where that rent is so fixed in respect of the prescr ibed premises together with goods—
(i) be the fair r en t of the prescr ibed premises together with goods unt i l a determina tion has been made in respect of those premises together wi th goods ; and (ii) unless a rent is also fixed by subsection one or subsection two of this section in respect of the premises wi thout goods,
be
be the fa i r r en t of the pre
scribed premises without goods unt i l a determinat ion has been made in respect of those premises without goods,
no twi ths tanding any a l te ra t ions , addit ions,
r epa i r s or renovat ions to the prescr ibed premises (whether s t ruc tu ra l o r o therwise) , any change of ownership or tenancy, any change in the na tu re or value of the services supplied by the lessor or in the goods leased with the premises , any leas ing of goods with the premises or any wi thdrawal from the premises of goods former ly leased therewith .
(f) by inserting next after section sixteen the following new sect ion:— 16A. A lessor of prescr ibed premises m a y by notice in wr i t ing requi re the lessee to furnish him with a s t a tu to ry declarat ion showing whether the prescr ibed premises or any p a r t thereof has been sub-let by the lessee or is in the occupation of any o ther person, and if so, the names of the persons to whom the prescr ibed premises or any p a r t thereof has been so sub-let and the ren t payable by such pe r sons together with the moneys received f rom such other persons in occupation, and the lessee shall furnish a s t a tu to ry declara t ion accordingly
within seven days af ter the receipt by h im of the notice. (g) (i) by omit t ing from subsection one of section eighteen the words " d a t e of the applica t i o n " and by inser t ing in lieu thereof the words " d a t e of the receipt of the applicat ion in the office of the clerk of the B o a r d " ;
(ii) by omitting from the same subsection the words " t h e owner of any such premises which are v a c a n t " and by inse r t ing in lieu
thereof
thereof the words " t h e person hav ing power to lease any such premises which a r e not
leased in exercise of t h a t p o w e r " ;
(h) (i) by omit t ing from subsection one of section twenty-two the words " d a t e of the applica t i o n " and by inser t ing in lieu thereof the words " d a t e of the receipt of the applica tion in the office of the clerk of the B o a r d " ;
(ii) by inserting in subsection two of the
same section af ter the words " s u c h de t e rmina t ion , " the words " o t h e r than a de terminat ion made under section 23A of
this A c t , " ; (iii) by omitting from the same subsection the
words " l e s s o r and l e s s e e " and by inser t ing
in lieu thereof the words " t h e a p p l i c a n t " ; (iv) by inserting at the end of the same section the following new subsection:—
(3) After the making of any deter minat ion of the fair r en t of any prescr ibed premises under section 23A of this Act, the clerk of the B oa r d shall give notice in wr i t ing thereof, and of the da te fixed as the date on which the de terminat ion shall come into force, to the persons to whom notice of the t ime, da te and place fixed for t ha t de terminat ion was given under sub section two of t ha t section.
(i) by omit t ing section twenty- three and by inser t ing
in lieu thereof the following section:—
23. W h e r e any fa i r r en t has been determined
by a F a i r Ben t s Boa rd it shall, as from the date
fixed unde r section twenty-two of this Act—
(a) where that rent is so determined in respect of prescr ibed premises without goods— (i) be the fair rent of the prescribed premises without goods unti l it is var ied in pursuance of this
P a r t ; and (ii)
(ii) unless a fair rent is also fixed or de termined by or under this P a r t in respect of the premises together with goods, be the fair rent of the prescr ibed premises together with goods unti l a de terminat ion has been made in respect of those premises together with goods ;
(b) where that rent is so determined in
respect of prescr ibed premises together with goods—
(i) be the fair rent of the prescribed premises together with goods unt i l it is var ied in pursuance
of this P a r t ; and (ii) unless a fair r en t is also fixed or de termined by or under this P a r t in respect of the premises without goods, be the fair rent of the prescr ibed premises without goods unt i l a de terminat ion has been made in respect of those premises with out goods.
(j) by inserting next after section twenty-three the
following new sect ion:— 23A. (1) A F a i r Rents Boa r d may, of i ts own motion, af ter inquiry determine the fair rent of any prescr ibed premises o ther than shared accommodation which a re not leased.
(2) The F a i r Ren t s Boa r d shall cause to
be given to such persons as it considers p rope r notice of the t ime, da te and place fixed for the de terminat ion of the fair rent of the premises
and
and the notice or notices so given shall, for the purpose of this Division, be deemed to be an applicat ion.
(3) I n de termining the fair rent of prescr ibed premises under th is section, the F a i r Rents Board shall have the same powers as it has in connection with an applicat ion, and any de terminat ion made by the F a i r Bents Board shall have the same effect for all purposes as a de terminat ion made upon an application.
(k) by inserting next after section twenty-five the following new sect ions:— 25A. W h e r e an applicat ion has been made under this Division for the de terminat ion of the fa i r r en t of any prescr ibed premises and the F a i r Ren t s Boa rd is of opinion tha t the premises a r e shared accommodation s i tuated within, or pa r t ly within and pa r t ly outside, the Metro pol i tan Area , the F a i r Ren t s B o a r d may refer the applicat ion to the Control ler for deter mination.
Any such reference to the Control ler shall be deemed to be an applicat ion made to the Controller under Division 4 of this P a r t and may be dealt with accordingly.
F o r the purposes of subsection six of section
twenty-seven of this Act, an appl icat ion so
re fer red shall be deemed to have been received
which the appl icat ion was received in the office in the office of the Control ler on the da te on of the clerk of the Board .
25B. Notwi ths tanding any th ing contained in
section forty-one of this Act any decision of a F a i r Rents Boa r d under this Division tha t any prescr ibed premises a re or a re not shared accommodation shall be final and without
appeal , and no wr i t of prohibi t ion or ce r t io ra r i shall lie in respect thereof.
(1)
(1) (i) by omit t ing from subsection one of section 26B the words " d a t e of the a p p l i c a t i o n " a n d by inser t ing in lieu thereof the words ' ' da te of the receipt of the appl icat ion in the office
of the clerk of the B o a r d " ; (ii) by omitting from the same subsection the words " t h e owner of any such sha red accommodation which is v a c a n t " and by inser t ing in lieu thereof the words " t h e person having power to lease any such shared accommodation which is not leased
in exercise of t h a t p o w e r " ; (iii) by inserting in subsection three of the same section af ter the word " m a y " the words
" , if it thinks fit,"; (iv) by inserting at the end of subsection four of the same section the words " , whether or not the shared accommodation is leased
a t the t ime of in spec t ion . " ; (v) by inserting at the end of subsection five of the same section the words " , or, in the case of shared accommodation which is no t leased and is not vacant , to such persons a s
the B o a r d considers p r o p e r " ; (vi) by inserting in subsection six of the same
section af ter the words " s h a r e d accommo
d a t i o n " where firstly occurr ing the words " a n d any represen ta t ions made by a n y other person to whom notice was given
under subsection five of this s ec t ion , " ; (vii) by omitting from subsection seven of the same section the words " r ece ived by the B o a r d " and by inse r t ing in lieu thereof the words ' ' received in the office of the clerk of
the B o a r d " ; (viii) by omitting from subsection nine of the same section the words " t o the lessor and the lessee c o n c e r n e d " and by inser t ing in lieu thereof the words " t o the pe r sons t o whom notice of the t ime, da te and p l ace
fixed
fixed for the making of the de terminat ion was given under subsection five of this s e c t i o n " ;
(ix) by omitting subsection ten of the same section and by inser t ing in lieu thereof the following subsection:—
W h e r e any fa i r r en t has been deter mined in pursuance of this section i t shall, as from the da te on which the de terminat ion comes into force—
(10)
(a) where that rent is so determined in respect of shared accommodation
wi thout goods— (i) be the fair rent of the shared accommodation wi thout goods unt i l i t is var ied in pur suance
of this P a r t ; and (ii) unless a fair rent is also fixed or determined by or under this P a r t in respect of the shared accommodation together with goods, be the fa i r r en t of the sha red accommodation to gether with goods unt i l a de terminat ion has been made in respect of the shared accom modation together with goods ;
(b) where tha t r en t is so de termined in
respect of shared accommodation together with goods— (i) be the fair rent of the shared accommodation together with goods unt i l it is var ied in pursuance of this P a r t ; and
(ii) unless a fair rent is also fixed or determined by or under this P a r t in respect of the shared accommodation wi thout goods,
be
be the fa i r ren t of the shared accommodation wi thout goods unt i l a de te rmina t ion has been made in respect of the shared accommodation without goods.
(m) (i) by omit t ing from subsection one of section
twenty-seven the words " d a t e of the a p p l i c a t i o n " and by inser t ing in lieu thereof the words " d a t e of the receipt of the appl icat ion in the office of the C o n t r o l l e r " ;
(ii) by omitting from the same subsection the words " t h e owner of any such shared accommodation which is v a c a n t " and by inser t ing in lieu thereof the words " t h e person hav ing power to lease any such shared accommodation which is not
leased in exercise of t ha t p o w e r " ; (iii) by inserting at the end of subsection three of the same section the words ' ' , whether or not the shared accommodation is leased at
the t ime of i n s p e c t i o n " ; (iv) by inserting at the end of subsection four of the same section the words " , or, in the case of shared accommodation which is not leased and is not vacant , to such persons as
the Control ler considers p r o p e r " ;
(v) by inser t ing in subsection five of the
same section af ter the words " t h e shared accommoda t ion" where firstly occurr ing the words " a n d any represen ta t ions made by any other person to whom notice was given under subsection four of this sec t ion , " ; (vi) by omitting from subsection six of the same section the words " r ece ived by the C o n t r o l l e r " and by inser t ing in lieu thereof the words " rece ived in the office of the C o n t r o l l e r " ;
(vii)
(vii) by omitting from subsection eight of the same section the words " t o the lessor and the lessee conce rned" and by inser t ing in lieu thereof the words " t o the persons to whom notice of in tent ion to make the de terminat ion was given under subsection
four of this s e c t i o n " ; (viii) by omitting subsection nine of the same section and by inser t ing in lieu thereof the following subsection:—
(9) W h e r e any fair rent has been deter mined in pursuance of this section it shall, as from the date on which the determinat ion comes into force—
(a) where that rent is so determined in respect of shared accommodation without goods—
(i) be the fair rent of the shared accommodation without goods unt i l it is var ied in pursuance
of this P a r t ; and (ii) unless a fair rent is also fixed or determined by or under this P a r t in respect of the shared accommodation together with goods, be the fa i r r en t of
the shared accommodation together with goods unt i l a determinat ion has been made
in respect of the shared accommodation together with
goods ;(b) where that rent is so determined in
respect of shared accommodation together with goods—
(i) be the fair rent of the shared accommodation together with goods until it is var ied in pursuance of this P a r t ; and
(ii)
(ii) unless a fair rent is also fixed or de termined by or under this P a r t in respect of the shared accommodation without goods, be the fair r en t of the shared accommodation without goods unti l a de terminat ion has been made in respect of the shared accommodation without goods.
(n) by inserting next after section twenty-nine the following new sect ion:— 29A. W h e r e an applicat ion has been made under this Division for the de terminat ion of the fa i r ren t of any prescr ibed premises and the Control ler is of opinion tha t the premises a re not shared accommodation, the Control ler may refer the appl icat ion to the F a i r Rents Board const i tuted a t Sydney for determinat ion.
A n y such reference to the F a i r Rents Board so const i tuted shall be deemed to be an applica tion made to tha t Boa r d under Division 3 of this P a r t by the person who made the applica tion to the Control ler and may be deal t with accordingly.
F o r the purposes of subsection one of section twenty-two of th is Act, an appl icat ion so re fer red shall be deemed to have been received in the office of the clerk of the B o a r d on the da te on which the appl icat ion was received in the office of the Control ler .
(o) (i) by omit t ing from subsection one of section
t h i r t y the words " T h e lessor or lessee of any shared accommodation, in respect of which a de te rmina t ion has been made under this D i v i s i o n " and by inser t ing in lieu thereof the words " W h e r e a de terminat ion has been made under this Division any person to whom notice of the Cont ro l le r ' s intent ion to make tha t de terminat ion was given under subsection four of section
twenty-seven of this A c t " ;
(ii)
(ii) by inserting in subsection two of the same section after the word " a p p e a l " where firstly occurring the words "against the determination";
(iii) by omitting from the same subsection the words " t o the lessor and lessee of the premises" and by inserting in lieu thereof the words " t o the persons to whom notice of the Controller's intention to make that determination was given under subsection four of section twenty-seven of this Ac t " ;
(iv) by inserting at the end of the same section the following new subsection:—
(4) Notwithstanding anything contained in subsection one of this section or in section forty-one of this Act any decision of the Controller under this Division that any prescribed premises are or are not shared accommodation shall be final and without appeal, and no writ of prohibition or certiorari shall He in respect thereof.
(p) (i) by inserting next after subsection one of section thirty-one the following new sub section :—
(1A) Subject to subsection four of section thirty of this Act where on the hearing of the appeal the Board is of opinion that the
make the determination purporting to have Controller had no power or authority to been made it may so find and the determination shall thereupon be quashed and shall be deemed never to have had any force or effect. (ii) by omitting from subsection three of the same section the words " b y the Controller" and by inserting in lieu thereof the words " in the office of the Controller";
(iii)
(iii) by omitting subsection four of the same section and by inserting in lieu thereof the following subsection:—
(i) Where any fair rent has been deter mined in pursuance of this section it shall, as from the date fixed under subsection three of this section—
(a) where that rent is so determined in respect of prescribed premises without goods— (i) be the fair rent of the pre scribed premises without goods until it is varied in pursuance of this Pa r t ; and
(ii) unless a fair rent is also fixed or determined by or under this Part in respect of the premises together with goods, be the fair rent of the pre scribed premises together with goods until a determination has been made in respect of those premises together with goods;
(b)
where that rent is so determined in respect of prescribed premises together with goods—
(i) be the fair rent of the
prescribed premises together
with goods until it is varied in pursuance of this Par t ; and (ii) unless a fair rent is also fixed or determined by or under this Par t in respect of the premises without goods, be the fair rent of the prescribed premises without goods until a determination has been made in respect of those premises without goods.
(q)
(q)
by inserting in Division 5 of Part II next before section 31N the following new sections:—
31MA. Where an application has been made to a Fair Rents Board or the Controller for a determination, the Fair Bents Board or the Controller, as the case may be, may, at any stage of the proceedings on the application and not withstanding anything contained in section twenty, subsection six of section 26B or subsection five of section twenty-seven of this Act and without having regard to the matters specified in section twenty-one of this Act, make an interim determination.
Any interim determination so made shall be deemed to be a determination, and shall remain in force until the application has been finally disposed of by the Board to which the application was made or the Controller, as the case may be, and no longer.
Any determination finally disposing of the application may be made as if the interim determination had not been made.
31MB. A Fair Bents Board or the Controller shall have and shall be deemed always to have had power to allow amendment of any application made to the Board or the Controller, as the case may be, on such terms and conditions as the Board or the Controller, as the case mar be, may deem reasonable.
Such terms and conditions may include the granting of an adjournment of the proceedings to any party prejudiced or affected by the amendment. (r) (i) by inserting in subsections one and three of section 31o after the word " l e s so r" the words " o r owner";
(ii) by inserting in subsection two of the same section after the word " l e s so r" the words " o r owner, as the case may be , " ;
| 83021—11 | (s) |
(s) (i) by omitting from paragraph (e) of sub section two of section thirty-two the word " o r " where lastly occurring;
(ii) by inserting at the end of the same sub section the following new paragraphs:—
(g) the rent payable by the lessor in respect of the premises has increased or decreased; (h) any party to the determination (or to an appeal to a Board from the determination where the determina tion was made by the Controller) was prevented by absence, illness, or other cause considered by the Board or Controller, as the case may be, to be sufficient, from attending or making representations at the pro ceedings in which the determination was made; or (i) a person entitled under this Act to notice of the time, date and place fixed for the making of the determina tion, or to notice of the Controller's intention to determine the fair rent of shared accommodation, did not in fact receive such notice.
(iii) by inserting at the end of the same section
the following new subsection:— (4) Notwithstanding anything in section twenty or section twenty-one of this Act, where an application for variation of a determination is made to a Board or to the Controller and it appears to the Board or the Controller, as the case may be, that the premises being a dwelling-house are in need of repair, no increase of rent shall be allowed by the Board or Controller, as the case may be, on account of any increase in
the
the lessor's liability for repairs, mainten ance and renewals of the premises and fixtures thereon.
| (t) | by inserting at the end of subsection one of section thirty-three the words " , or any leasing of goods with the premises or any withdrawal from the premises of any goods formerly leased therewith. |
The provisions of this subsection are in addition to and not in derogation of the provi sions of section twenty-three, subsection ten of section 26B, subsection nine of section twenty- seven and subsection four of section thirty-one of this Act ."
(u) (i) by inserting in paragraphs (a) and (b) of subsection one of section thirty-six after the word " g i v e " where firstly occurring the words " , demand, solicit";
(ii) by omitting from subparagraph (i) of paragraph (b) of the same subsection the word " o r " where lastly occurring;
(iii) by omitting the proviso to the same paragraph and by inserting in lieu thereof the following new subparagraphs and proviso:—
(iii) for registering, or undertaking to register, the name or requirements of any person seeking a lease of any
premises; (iv) for supplying, or undertaking to supply, to any person addresses or other particulars of any premises available, or which may become available, for letting;
(v) for providing, or undertaking to provide, any person with an adver tising or other service directed to the obtaining of a lease of any premises;
(vi)
(vi) for registering, or undertaking to register, the name of any person as a member of a club or association upon the representation that such club or association or any person employed by or connected with such club or association will endeavour to obtain, on behalf of the person whose name is so registered or to whom such an undertaking is made, a lease of any premises; or
(vii) for issuing, without the authority of the owner of any premises or his agent authorised thereunto in writ ing, any advertisement, list or other document describing those premises as being available for letting:
Provided that nothing in this paragraph shall preclude—
(i) the payment to or receipt by a real estate agent, licensed under the Auctioneers, Stock and Station and Real Estate Agents Act, 1941-1954, by or from the owner of any premises of any fee or commission properly or normally payable to such agent for anything done by him in the course of his business as such estate agent;
(ii) the payment to, or receipt by, a soli citor of any remuneration in respect of professional work done by him as such; or (iii) the payment to, or receipt by, the proprietor of any newspaper of any sum in consideration of the publica tion in such newspaper of any adver tisement or notice received for the purpose in the ordinary course of business; or;
(iv)
(iv) by inserting at the end of the same sub section the words—
" I n this subsection—
'Newspaper' means—
(i) any newspaper; or
(ii) any periodical or maga
zine,
published in good faith for the purpose of supplying mainly news and information other than news or information describing premises as being available for letting.
'Owner', in relation to premises, means the person having power to grant a lease of those premises."
(v) by inserting in paragraph (a) of subsection six of the same section after the words "of
a n y " the words "premises o r " ;
(v) by inserting in subsection one of section forty- three after the word "solemnities," the words "and shall not be bound by any rules of evidence, but may inform itself or himself in such manner as it or he thinks fit,";
(w) by inserting next after subsection one of section fifty-seven the following new subsection:—
proposes to lease any prescribed premises (or subsection one of this section, any person who (1A) Without prejudice to the generality of any prescribed premises together with goods) or to purchase any prescribed premises (or any prescribed premises together with goods) which are leased shall, before leasing or purchasing the premises (or the premises together with goods), as the case may be, make proper enquiry at the office of the clerk of the Fair Rents Board nearest to the premises or, in the case of shared
accommodation
accommodation situated within, or partly within and partly outside, the Metropolitan Area, at the office of the Rent Controller, as to whether the fair rent of the premises proposed to be leased or purchased is fixed by a determination and, if the fair rent has been so fixed, as to the amount of the fair rent:
Provided that any person who proposes to purchase any prescribed premises solely for his own occupation shall not be required to make such inquiry at the office of the Clerk of the Fa i r Rents Board in respect of the premises proposed to be purchased.
3. (1) The Landlord and Tenant (Amendment) Act, 1948, as amended by subsequent Acts, is further amended—
(a) (i) by inserting in paragraph (j) of subsection five of section sixty-two after the word "hosp i ta l " wherever occurring the words " o r nursing service";
(ii) by omitting from paragraph (q) of the same subsection the word " o r " where lastly occurring;
(iii) by inserting at the end of the same subsec tion the following word and new para graph :—
or
(s) that the lessor is a person, body or authority carrying on a school or educational establishment, or a trustee for such a person, body or authority, and the use of the premises is reasonably required for the pur poses of the school or educational establishment (including the accom modation of the staff or students of the school or educational establish ment) ;
(b)
(b) (i) by inserting at the end of paragraph (a) of subsection one of section 62A the words "and also, if any such notice to quit has been given in relation to the transfer or assignment before the making of the order, that the notice to quit so given shall be void and of no effect";
(ii) by inserting at the end of paragraph (b) of the same subsection the words "and also, if any such notice to quit has been given in relation to the sub-lease before the making of the order, that the notice to quit so given shall be void and of no effect";
(iii) by inserting next after the same subsection the following new subsections:—
(1A) In any proceedings by a lessee before a judge of the District Court pursuant to paragraph (c) of subsection one of this section, the judge may, in addition to granting the order referred to in that paragraph, order that any notice to quit given before the making of the order to the lessee in relation to the premises concerned in the proceedings shall be void and of no effect, if the judge is not satisfied that the ground specified in the notice is true in fact.
(1B) Where an order has been granted under paragraph (c) of subsection one of this section the lessor of the premises the subject of the order shall not give to the
lessee any notice to quit within one month after the making of the order.
Nothing in this subsection affects the operation of paragraph (a) of subsection three of this section.
(iv) by inserting at the end of subsection three of the same section the following new paragraph:—
(b) An order under this section that any notice to quit shall be void and of no effect shall have effect according to its tenor.
(c)
(c)
by omitting from section sixty-four the word, symbols and letter " o r (1 )" and by inserting in lieu thereof the word, symbols and letters
(1) or ( s ) " ;
(d) by omitting from subsection one of section sixty-five the words ' ' one thousand nine hundred and fifty-five" and by inserting in lieu thereof the words "one thousand nine hundred and fifty-eight"; (e) by inserting next after section sixty-nine the following new section:— 69A. (1) The Governor may by proclamation published in the Gazette:—
(a)
establish one or more Tenancy Courts to sit at such place or places as are specified in or provided for by the proclamation; and
(b)
direct that any such court shall, subject to this section, exercise the jurisdiction exercisable by such courts of petty sessions as are mentioned in the pro clamation (hereinafter in this section referred to as "specified courts of petty sessions").
(2) The Governor may by proclamation
published in the Gazette revoke or vary any
proclamation made under this section. (3) A Tenancy Court—
(a)
shall be a court of petty sessions, and without prejudice to the generality of the foregoing provisions of this para graph shall be a court of petty sessions within the meaning of section sixty- nine of this Act;
(b)
shall be holden before a Stipendiary Magistrate sitting alone:
(c)
(c) shall have the same jurisdiction—
(i) to hear and determine any application made to it for the recovery of possession of or the ejectment of any person
from prescribed premises situated within any district for which any specified court of petty sessions mentioned in the proclamation by which the Tenancy Court was established is held;
(ii) to make all orders and to do all acts and things relating to or in connection with such recovery of possession or eject ment,
as the specified court of petty sessions mentioned in that proclamation within whose district those premises are situated would have had if this section had not been enacted and such applica tion had been made to that specified court; and
(d)
shall not, except to the extent provided in paragraph (c) of this subsection, exercise the jurisdiction of a court of petty sessions.
(4) Nothing contained in this section or in any proclamation made thereunder shall prevent the exercise by a specified court of petty sessions mentioned in any such proclamation of any jurisdiction of a like character to that referred to in subparagraphs (i) and (ii) of paragraph (c) of subsection three of this section if the leave of the specified court of petty sessions to that exercise is first obtained, which leave the specified court of petty sessions is hereby authorised to give.
(5)
(5) For the avoidance of doubt it is hereby declared that an order for the recovery of possession of any prescribed premises (or of any prescribed premises together with goods leased therewith) made by a Tenancy Court under this Act may be enforced in the same manner as a like order, if made by a court of petty sessions otherwise than under this Act, might be enforced.
(f) (i) by omitting from paragraph (c) of sub section one of section seventy the symbols, word and letters " a n d ( m ) " and by inserting in lieu thereof the symbols, word and letters " , (m) and ( s ) " ;
(ii) by omitting paragraph (a) of the first proviso to subsection two of the same section and by inserting in lieu thereof the following paragraph:—
(a)
the lessor (not being himself a lessee of the dwelling-house under a con current lease) is a protected person within the meaning of Par t V of this Act and the lessee is not a protected person within the meaning of that Par t or is not a person in receipt of age pension under the Social Services
Consolidation Act 1947 (as amended by subsequent Acts) of the Parlia
ment of the Commonwealth; or;(iii) by omitting from subparagraph (ii) of paragraph (d) of the same proviso the words " th i rd day of September, one thousand nine hundred and thirty-nine" and by inserting in lieu thereof the words "twenty-first day of July, one thousand nine hundred and forty-eight";
(iv)
(iv) by omitting subparagraphs (iii), (iv) and (v) of the same paragraph and by inserting in lieu thereof the following subparagraphs:—
(iii) the lessor does not own and has not, since the twenty-first day of July one thousand nine hundred and forty-eight, owned any other dwelling-house; and
(iv) the lessor has resided in the Common wealth for not less than ten years; or;
(v) by omitting from paragraph (e) of the same proviso the word "dwelling-house:" where lastly occurring and by inserting in lieu thereof the words "dwelling-house; o r " ;
(vi) by inserting next after the same paragraph the following new paragraphs:—
(f) (i) evidence is adduced to the court by or on behalf of the lessor that the means of the lessee (includ ing the means of any spouse, parent and child of the lessee ordinarily resident with such lessee) are such that the lessee is reasonably able to provide reasonably suitable alternative accommodation for the occupa tion of himself and the members of his family ordinarily occupy ing the prescribed premises; (ii) the lessee fails to satisfy the court on evidence as to his means (including the means of any spouse, parent and child of the lessee ordinarily resident with such lessee) that he is not reason ably able to provide reasonably
suitable
suitable alternative accommoda tion for the occupation of himself and the members of his family ordinarily occupying the pre scribed premises; and
(iii) the court is satisfied on the evidence before it as to the means of the lessee and of the lessor (including the means of any spouse, parent and child of the lessee or lessor, as the case may be, ordinarily resident with such lessee or lessor, as the case may be) that the lessee is finan cially better able to provide reasonably suitable alternative accommodation for the occupa tion of himself and the members of his family ordinarily occupy ing the prescribed premises than is the lessor; or
(g) the proceedings are for the recovery of shared accommodation on the ground specified in paragraph (g) of subsection five of section sixty-two of this Act and the court is satisfied that— (i) at the date on which the notice to quit was given and during
date the lessor resided in the the period of twelve months immediately preceding that dwelling-house of which the shared accommodation forms
par t ; and (ii) at the date on which the notice to quit was given and during the twelve months immediately preceding that date only one lease of shared accommodation in that dwelling-house was in force at any one time: ;
(vii)
(vii) by omitting from the second proviso to the same subsection the words "Social Services Consolidation Act 1947-1948" and by insert ing in lieu thereof the words "Social Services Consolidation Act 1947 (as
amended by subsequent A c t s ) " ; (viii) by omitting from the same subsection the words "one thousand nine hundred and fifty-live" and by inserting in lieu thereof the words "one thousand nine hundred and fifty-eight";
(ix) by inserting at the end of the same section the following new subsection:—
(5) Where an order for the recovery of possession of any prescribed premises is made in any case where the order could not have been made if paragraph (d) or para graph (f) of the first proviso to subsection two of this section had not been enacted, the date for recovery of possession to be specified in such order shall not be earlier than six months after the date on which the order is made.
(g) by inserting at the end of section seventy-six the following new subsections:— (2) The costs of any proceedings under this section shall be in the discretion of the court.
(3) The court, when allowing any costs to any party in proceedings under this section, may assess the amount thereof, and the provisions of subsection three of section sixty-one of this Act shall apply, mutatis mutandis, to and in respect of any order allowing costs under this section. (h) (i) by omitting from paragraph (a) of sub section one of section seventy-seven the word, symbols and letter " o r ( k ) " and by inserting in lieu thereof the word, symbols and letters " , (k) or ( s ) " ;
(ii)
(ii) by inserting next after paragraph (c) of the same subsection the following new paragraph:—
(c1) Where a notice to quit has been given and the premises in respect of which the notice was given have been vacated within a period of six months after the giving of the notice, the premises shall, unless the contrary is proved or an order for the recovery of possession of the premises has been made within that period, be deemed for the purposes of this section to have been vacated in accordance with the notice.
(i) by inserting in section eighty-four after the word "proceedings" where secondly occurring the words "under section seventy-six of this Act o r " ;
(j) by inserting next after section eighty-five the following new sections :— 85A. The provisions of sections forty-four to forty-nine, both inclusive, and section fifty-one of this Act shall apply to and in respect of any matter coming before a Fair Rents Board or the Controller under this Par t .
85B. Any application to the Controller under section eighty-six, eighty-seven or 87B of this
Act may be made by the lessor, proposed lessor, owner or lessee, as the case may be, or by his solicitor, or by his agent thereunto
authorised in writing.(k) (i) by omitting from subsection one of section eighty-six the words "of less than three yea r s ' ' ;
(ii) by omitting from subsection three of the same section the words "not exceeding three y e a r s " ;
(iii)
(iii) by inserting at the end of the same sub section the words—
"The period specified in the certificate shall not exceed five years unless the lessor and lessee or proposed lessor and proposed lessee under the lease or proposed lease are employer and employee";
(iv) by inserting in paragraph (b) of subsection four of the same section after the words " this P a r t " the words " a n d Par t V of this A c t " ;
(v) by omitting from the same subsection the words " three yea r s " and by inserting in lieu thereof the words "five years, unless the lessor and lessee are employer and employee";
(vi) by inserting at the end of the same section the following new subsections:—
(5) Where any certificate—
(a) is issued under this section for a period in excess of five years; or (b) is extended so that the aggregate of— (i) the period of the original exemption; and
(ii) the period of any extension
granted or, where more than one extension is granted, the total of the periods of extension so granted,
is in excess of five years,
the certificate shall become void and of no effect if the premises the subject thereof are leased to any person other than an. employee of the lessor.
(6)
(6) Where the fair rent of any prescribed premises is fixed or determined by or under Par t I I of this Act in respect of those premises without goods but no rent is fixed by subsection one or two of section fifteen of this Act in respect of those premises together with goods and no determination has been made either before or after the commencement of the Landlord and Tenant (Amendment) Act, 1954, in respect of those premises together with goods, the Controller may in any certificate issued under this section excluding those premises from the operation of this Par t and Par t V of this Act specify the rent to be paid for those premises together with goods.
The rent so specified shall—
(a)
be deemed to have been determined by a determination made under and in accordance with Par t I I of this Act; and
(b)
as on and from a date to be speci fied in the certificate (which date shall be not earlier than the date upon which the application for the exclusion of the premises from this Par t and Par t V of this Act was
received in the office of the Controller) and notwithstanding anything contained in Par t I I of this Act, be the fair rent of those premises together with goods until it is varied under and in accord ance with that Par t . Application to vary the rent so
specified may, notwithstanding the
provisions of subsection two of
section
section thirty-two of this Act, be made at any time after the issue of the certificate:
Provided that where no determination of the fair rent of those premises is made dur ing the currency of the certificate either increasing, decreasing or confirming the rent so specified, the fair rent of those premises shall, after the certificate ceases to have force or effect, be the same as if this subsection had not been enacted.
(1) (i) by omitting paragraph (b) of subsection one
of section eighty-seven;
(ii) by omitting from paragraph (a) of sub section three of the same section the words "two yea r s " and by inserting in lieu
thereof the words "five y e a r s " ; (iii) by inserting next after the same subsection the following new subsection:—
(3A) The Controller may grant one or more extensions of any certificate issued under subsection three of this section excluding the premises from the operation of the provisions of this Par t and Par t V of this Act for a further period or periods but the aggregate of—
(a) the period of the original exemption; and (b) the period of any extension so granted or, where more than one extension is granted, the total of the periods of extension so granted,
shall not exceed five years.
(iv) by omitting from subsection four of the same section the words "issue of the certificate" and by inserting in lieu thereof the words "da te of receipt in the office of the Controller of the application for the
certificate"; (m)
(m)
by inserting next after section 87A the following new section:—
87B. (1) While a certificate under this section is in force in relation to part of any proscribed premises, the provisions of this Par t and Par t V of this Act shall not, as between the person upon whose application the certificate was granted and any sub-lessee of that part under a sub-lease granted by that person after the date of receipt in the office of the Controller of the application for the certificate, apply to or in relation to that part.
(2) Where the lessee of any prescribed premises being a dwelling-house is desirous of sub-letting part of those premises to one sub lessee only and he has not sub-let any other part of those premises he may, with the consent in writing of the lessor of those premises, apply to the Controller for a certificate that the part of the premises to be so sub-let is premises to which this Par t and Par t V of this Act do not apply.
(3) The Controller may—
(a)
grant the application and issue the certificate, either unconditionally or subject to such conditions as he thinks fit and for such period not exceeding five years as he thinks fit; or
(b) refuse the application. (4) The Controller may grant one or more extensions of any certificate issued under subsection three of this section excluding the premises so sub-let or to be so sub-let from the operation of the provisions of this Par t and Par t V of this Act for a further period or periods but the aggregate of—
(a)
the period of the original exemption; and
(b)
(b)
the period of any extension so granted or, where more than one extension is granted, the total of the periods of extension so granted,
shall not exceed five years.
(5) A certificate issued under this section in respect of part of any prescribed premises shall become void and of no effect if more than one sub-lease granted by the person to whom the certificate was issued is in force in respect of those premises at any one time.
(6) Notice to quit on the ground specified in paragraph (q) of subsection five of section sixty-two of this Act shall not be given to the person to whom a certificate is issued under this section in respect of rents received by him from the sub-lessee of that part of any prescribed premises which is the subject of that certificate.
(7) Where a certificate has been issued under this section excluding part of prescribed premises from the operation of this Par t and Par t V of this Act, any person who after the date of receipt in the office of the Controller of the application for the certificate became a sub-lessee of that part from the person (herein after in this subsection referred to as the " lessee") upon whose application the certificate
was issued shall not have, as against the lessor
of the lessee, any right under this Act or other wise to possession or to remain in possession of that part after the lease of the prescribed premises to the lessee has been terminated whether by surrender or otherwise and, in such circumstances, proceedings to recover posses sion of that part from the sub-lessee or for the ejectment of the sub-lessee therefrom may be taken by the lessor as if this Par t and Par t V of this Act had not been enacted.
(2)
(2) The amendment made by subparagraph (ii) of paragraph (f) of subsection one of this section shall be deemed to have commenced on the fifteenth day of December, one thousand nine hundred and fifty-two.
4. The Landlord and Tenant (Amendment) Act,
1948, as amended by subsequent Acts, is further
amended—
(a)
by omitting from section one hundred the word, symbols and let ter " o r ( q ) " and by inserting in lieu thereof the word, symbols and letters
" , ( q ) o r ( r ) " ; (b) (i) by omitting from subsection one of section
one hundred and one all words and symbols following the words "prescribed premises or any part thereof" and by inserting in lieu thereof the words "was a protected person, or had ceased to be a protected person for a period not exceeding two years, at the date on which an order for recovery of possession of those premises was made, that order shall not be enforced against that person unless the court which made the order—
(a)
is satisfied that, had that person been in fact the lessee of those premises from the person in whose favour the
order was made, the person in whose favour the order was made could establish any one or more of the grounds set out in subsection five of section sixty-two of this Act (other than the ground set out in subparagraph (ii) of paragraph (b) or in paragraph (n) of that sub section) ; and
(b)
gives leave to enforce the order against that person.";
(ii)
(ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection:—
(2) Except in the case where under sub section one of this section the court is satisfied that the person in whose favour an order was made could establish any one or more of the grounds set out in paragraph (a) or subparagraph (i) of paragraph (b) or paragraph (c), (d), (e), (f), (k), (m), (n), (o), (p), (q) or (r) of subsection five of section sixty-two of this Act, a court shall not give leave to enforce an order against a person who was a protected person, or had ceased to be a protected person for a period not exceeding two years, at the date on which the order was made, unless the court, in addition to being satisfied upon any other matter upon which the court is required to be satisfied, is satisfied that reasonably suitable alternative accommodation is available for the occupa tion of that person in lieu of the premises in respect of which the giving of leave to enforce an order is sought.
(c) (i) by omitting from paragraph (b) of section one hundred and two the words "Social Services Consolidation Act 1947-1951" and by inserting in lieu thereof the words
"Social Services Consolidation Act 1947 (as amended by subsequent Acts) " ;
(ii) by inserting at the end of the same section the following new subsections:—
(2) The provisions of section one hundred of this Act shall not apply in the case of proceedings for the recovery of possession of prescribed premises where the court in which the proceedings are taken is satisfied
that
that the refusal to make an order would prejudice any claim or proposed claim by the lessor for age pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth.
(3) Where pursuant to section one hundred and one of this Act the leave of the court which made an order for the recovery of possession of prescribed premises is sought to enforce that order, the court, notwithstanding that it may not be satisfied upon any of the matters upon which it is required to be satisfied by that section, shall not refuse to give that leave if it is satisfied that refusal to give that leave would prejudice any claim or proposed claim by the lessor for age pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth.
5 . The Landlord and Tenant (Amendment) Act, 1948, as amended by subsequent Acts, is further amended by inserting next after section five the following new section:—
5A. (1) The provisions of Par t s II , I I I , IV and V of this Act do not apply in respect of:—
(a)
any dwelling-house the erection of which commenced after the commencement of the Landlord and Tenant (Amendment) Act, 1954;
(b) any dwelling-house that—
(i) was in existence at the commencement of the Landlord and Tenant (Amend- ment) Act. 1954:
(ii)
(ii) has not been, either in whole or in part, the subject of a lease at any time between the seventh day of December, one thousand nine hundred and forty-one, and that commencement;
(iii) does not form part of any premises that were the subject of a lease at any time between the seventh day of December, one thousand nine hundred and forty-one, and that commencement;
(iv) is n o t ' ' special premises " f o r the pur poses of this Act; and
(v) is the subject of a lease (not being a lease of shared accommodation)—
(a)
that is registered in the office of the Rent Controller;
(b)
the execution of which by the lessee is witnessed by a solicitor instructed and em ployed independently of the lessor; and
(c) that is certified by that solici
tor as provided in subsection two of this section; or
(c) any dwelling-house that, being in course of erection at the commencement of the Land lord and Tenant (Amendment) Act, 1954, is the subject of a lease (not being a lease of shared accommodation)— (i) that is registered in the office of the Rent Controller;
(ii)
(ii) the execution of which by the lessee is witnessed by a solicitor instructed and employed independently of the lessor; and
(iii) which is certified by that solicitor as provided in subsection two of this section.
(2) A solicitor certifying" to a lease for the purposes of subsection one of this section—
(a)
shall explain the lease to the lessee, special reference being made to the circumstances in which the lease may be terminated by the lessor, the notice required for that purpose, and whether or not the rent payable may be varied at will by the lessor;
(b)
shall examine the lessee touching his know ledge of the lease;
(c)
if he thinks fit may so examine the lessee separately and apart from any other person; and
(d)
if he is satisfied that the lessee understands the true purport and effect thereof and freely and voluntarily executes the same, shall certify in writing upon the lease that the lease has been so explained, and that he
has examined the lessee and is satisfied as hereinbefore required, and that the lessee
has executed the lease in his presence.
(3) Notwithstanding anything in subsection one of this section, the provisions of sections thirty- six (except paragraph (a), subparagraph (i) of paragraph (b), and paragraph (c) of subsection one
thereof), 36A, ninety-five and ninety-eight of this Act
apply in respect of the classes of dwelling-houses
referred to in subsection one of this section.
6. (1) The Landlord and Tenant Act of 1899, as
amended by subsequent Acts, is amended—
(a) by omitting from paragraph (c) of subsection two of section twenty-three the word " seven" and by inserting in lieu thereof the word " t e n " ; (b) by inserting at the end of the same paragraph the following new proviso:— Provided that where the date of such warrant is later than the twenty-eighth day of February, one thousand nine hundred and fifty-five, the warrant shall not be executed earlier than five clear days from the date on which the warrant is actually delivered to any constable or peace officer of or acting in and for the district or place within which such land is situate or to any other person as a special bailiff in that behalf.
(2) The amendment made by paragraph (a) of subsection one of this section does not apply to or in respect of any such warrant as is referred to in para graph (c) of subsection two of section twenty-three of the Landlord and Tenant Act of 1899, as amended by subsequent Acts, issued in respect of any such adjudg ment as is referred to in paragraph (a) of the said sub section two if that adjudgment was given before the commencement of this section.
| (3) This section shall commence upon the first day of January, one thousand nine hundred and fifty-five. | LEGISLATIVE |
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