Landlord and Tenant (Amendment) Act 1987 (NSW)

LANDLORD AND TENANT (AMENDMENT) ACT 1987

No. 27

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.        Commencement

3.        Amendment of Act No. 18, 1899

4.        Amendment of Act No. 25, 1948

5.        Amendment of Act No. 44, 1977

SCHEDULE 1—AMENDMENT TO THE LANDLORD AND TENANT ACT 1899

SCHEDULE 2—AMENDMENTS TO THE LANDLORD AND TENANT

(AMENDMENT) ACT 1948

SCHEDULE 3—AMENDMENTS TO THE LANDLORD AND TENANT (RENTAL

BONDS) ACT 1977

LANDLORD AND TENANT (AMENDMENT) ACT 1987 No. 27

NEW SOUTH WALES

Act No. 27, 1987

An Act to amend various Acts dealing with landlords and tenants in

consequence of the enactment of the Residential Tenancies Act 1987.

i \ssented to 12 May 1987]

70910 21608—14

Landlord and Tenant (Amendment) 1987

BE it enacted by the Queen's Most excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

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

Act 1987".

Commencement

2. (1) Except as provided by subsection (2), this Act shall commence

on the date of assent to this Act.

(2) The several provisions of—
(a) section 3 and Schedule 1;
(b) section 4 and Schedule 2; and

(c) section 5 and Schedule 3,

shall commence on such day or days as may be appointed by the Governor

and notified by proclamation published in the Gazette.

Amendment of Act No. 18, 1899

3. The Landlord and Tenant Act 1899 is amended in the manner set

forth in Schedule 1.

Amendment of Act No. 25, 1948

4. The Landlord and Tenant (Amendment) Act 1948 is amended in the

manner set forth in Schedule 2. Amendment of Act No. 44, 1977

5. The Landlord and Tenant (Rental Bonds) Act 1977 is amended in

the manner set forth in Schedule 3.

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Landlord and Tenant (Amendment) 1987

SCHEDULE 1

(Sec. 3)

AMENDMENT TO THE LANDLORD AND TENANT ACT 1899

Section 1B—

After section 1A, insert:

Exclusion of residential tenancy agreements from operation of Act

1 B. This Act does not apply to a residential tenancy agreement,

or to land that is subject to a residential tenancy agreement, to

which the Residential Tenancies Act 1987 applies.

SCHEDULE 2

(Sec. 4)

AMENDMENTS TO THE LANDLORD AND TENANT

(AMENDMENT) ACT 1948

(1) Section 3 (Division into Parts)—

Omit the section.

(2) Section 8 (Definitions)—

(a) Section 8(1), definition of "Registrar"— After the definition of "rates", insert:

"Registrar" means the Registrar of the Tribunal: Section 8(1), definition of "Tribunal"— After the definition of "the prescribed date", insert:

(b)

"Tribunal" means the Residential Tenancies Tribunal of New
South Wales constituted by the Residential Tenancies Act

Landlord and Tenant (Amendment) 1987

SCHEDULE 2—continued

AMENDMENTS TO THE LANDLORD AND TENANT

(AMENDMENT) ACT 1948—continued

(3) Section 13A—

After section 13, insert:

Transfer of functions

13A. (1) Except as may be otherwise prescribed, a function

that, immediately before the commencement of this section—

(a)	was exercisable by a Fair Rents Board—is exercisable by the Tribunal instead of the Board;
(b)	was exercisable by the Controller—is exercisable by the Tribunal instead of the Controller; or
(c)	was exercisable by the clerk of a Fair Rents Board—is exercisable by the Registrar instead of the clerk.

(2) In exercising a function conferred by this section, the

Tribunal or the Registrar—

(a)	has all the functions of a Fair Rents Board, the Controller or the clerk, as the case requires; and
(b)	shall, for the purposes of any other provisions of this Act (other than sections 42, 43, 44, 45, 48, 50 and 53) setting out the procedure for the exercise of such a function, be deemed to be a Fair Rents Board, the Controller or the
clerk, as the case requires.

(3) The provisions of Part 6 of the Residential Tenancies Act 1987 (other than sections 89, 94, 106, 107 and 111) apply to the exercise of a function by the Tribunal or the Registrar under this section.

(4) Nothing in this section—

(a) affects any proceedings before a Fair Rents Board, any other matter before a Board, the Controller or a clerk of a Board or the exercise of a function by a Board, the Controller or a clerk of a Board; or

5   Act No. 27

Landlord and Tenant (Amendment) 1987

SCHEDULE 2—continued

AMENDMENTS TO THE LANDLORD AND TENANT

(AMENDMENT) ACT 1948—continued

(b) affects any right, privilege, obligation or liability arising out of any such proceedings or matter or the exercise of the function,

where the proceedings, matter or exercise commenced before the

commencement of this section.

(5) In this section—

(a)	a reference to a function includes a reference to a power, authority and duty; and
(b)	a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(4) Section 30 (Appeal from determination)—

Omit the section.

(5) Section 31 (Procedure on appeal)—

Omit the section.

(6) Part II, Division 4A (Control of rents of caravans)—

Omit the Division.

(7) Section 41 (Appeals)—

Section 41 (1)—

Omit "sections 30 and 31 and".

(8) Section 69A (Tenancy Courts)—

Omit the section.

(9) Section 97 (Regulations may transfer powers of Controller to Fair Rents

Board)—

Omit the section.

Landlord and Tenant (Amendment) 1987

SCHEDULE 3

(Sec. 5)

AMENDMENTS TO THE LANDLORD AND TENANT (RENTAL

BONDS) ACT 1977

(1) Section 4 (Interpretation)—

(a)	Section 4(1), definition of "prescribed proceedings"— Omit "a tribunal", insert instead "the Tribunal".
(b)	Section 4(1), definition of "Tribunal"— Omit the definition of "tribunal", insert instead:

"Tribunal" means the Residential Tenancies Tribunal of New South Wales constituted by the Residential Tenancies Act 1987.

(2) Section 11 (Payment out of rental bonds)—

Section 11 (9), (15)—
Omit "or tribunal" wherever occurring, insert instead "or the

Tribunal".