National Security (Landlord and Tenant) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 137.

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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943. *

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.

Dated this twentieth day of September, 1944.

WINSTON DUGAN

Administrator.

By His Excellency’s Command,

R. V. KEANE

for and on behalf of the Minister of State for Defence.

 

Amendment of the National Security (Landlord and Tenant) Regulations. 

After regulation 16 of the National Security (Landlord and Tenant) Regulations the following regulation is inserted:—

Protection of persons in occupation under tenant.

“16a.—(1.) Where any tenancy of prescribed premises has been lawfully determined and any person claiming under the tenant is actually in possession of the premises or any part thereof, no order for the ejectment of persons from those premises or for the recovery of possession of those premises shall be enforced against the person so in possession unless the court which made the order is satisfied—

(a) that the person actually in possession has failed to pay the rent in respect of a period—

(i) where his period of occupation does not exceed six months—of not less than seven days;

(ii) where his period of occupation exceeds six months but does not exceed twelve months—of not less than fourteen days; and

 

* Notified in the Commonwealth Gazette on 20th September, 1944.

  Statutory Rules 1941, No. 275, as amended by Statutory Rules 1941, Nos. 286 and 321; 1942, Nos. 14, 74, 112, 412, 456 and 551; 1943, Nos. 12, 91, 163, 185, 262 and 273; and 1944, No. 44.

5781.— Price 3d.

(iii) in any other case—of not less than twenty-eight days;

(b)that the person actually in possession has failed to perform some other term, or condition of his tenancy and the performance of that term or condition has not been waived or excused by his landlord;

(c) that the person actually in possession has failed to take reasonable care of the premises or of any goods the property of his landlord or has committed waste;

(d) that the person actually in possession has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;

(e) that the person actually in possession has given notice of his intention to vacate the premises and in consequence of that notice the person in whose favour the order was made has agreed to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession;

(f) that the premises are reasonably required by the person in whose favour the order was made for his personal occupation or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him;

(g) where the person actually in possession is in possession of part only of the premises in respect of which the order was made, that the person in whose favour the order was made reasonably requires vacant possession of the whole of the premises;

(h) that the premises are a parsonage, vicarage, presbytery or other like premises and are required for the personal occupation of a minister of religion;

(i) that the person in whose favour the order was made 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 is entitled to vacant possession of the premises and the premises are reasonably required by the purchaser for his personal occupation or for the occupation of some person who ordinarily resides with, and is wholly or partly dependent upon, him;

(j) that the premises are reasonably required, by the person in whose favour the order was made, for reconstruction or demolition; or

(k) that the person actually in possession has been convicted of an offence arising out of the use of the premises for any immoral or illegal purpose,

and gives leave to enforce the order against the person actually in possession.

“(2.) On the hearing of any application for leave under the last preceding sub-regulation, the court shall take into consideration, in addition to all other relevant matters—

(a) any hardship which would be caused to the person actually in possession or any other person by the giving of leave; or

(b) any hardship which would be caused to the person in whose favour the order was made by the refusal to give leave,

and may, in its discretion, but subject to the next succeeding sub-regulation, give leave or may on such conditions (if any) as it thinks fit refuse to give leave notwithstanding that the court is satisfied as to one or more of the matters specified in paragraphs (a) to (k) of the last preceding sub-regulation.

“(3.) Leave shall not be given to enforce the order where the court is satisfied as to any of the matters specified in paragraph (f), (g), (h), (i) or (j) of sub-regulation (1.) of this regulation unless the court is satisfied—

(a) that suitable alternative accommodation is immediately available for the accommodation of the person actually in possession; or

(b) if such accommodation is not available, that it would cause hardship to the person in whose favour the order was made if he were not given leave to enforce the order against the person actually in possession.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.