Rents and Tenancies Emergency Provisions Act Amendment Act 1955 (WA)

1955.] Rents and Tenancies Emergency [No. 19.

Provisions.

RENTS AND TENANCIES EMERGENCY

PROVISIONS.

4° Elizabeth II., No. XIX.

No. 19 of 1955.

AN ACT to amend the Rents and Tenancies

Emergency Provisions Act, 1951-1954.

[Assented to 1st November, 1955.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Rents and itpir=ttite.„.

Tenancies Emergency Provisions Act Amendment

Act,1955.

No. 19.] Rents and Tenancies Emergency [1955.

Provisions.

(2) In this Act the Rents and Tenancies Emer-

gency Provisions Act, 1951-1954,

Approved for

reprint, 11th	Act No. 47 of 1951 as reprinted with amendments
August, 1955.
to and including Act No. 10 of 1954 incorporated pursuant to the provisions of the Amendments Incorporation Act, 1938,

is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Rents and Tenancies Emergency Provisions Act, 1951-1955.

Ss. 10, 11. 12

and 12A 2. The principal Act is amended by repealing

repealed.	sections ten, eleven, twelve and twelve A.
S.13

amended.	3.	Section thirteen of the principal Act is
Cf. No. 10 of

1954, s. 8 (a)	amended
which added
the proviso
to par. (b) of

subs. (1) of	(a)	by deleting the proviso to paragraph (b)
s. 13.
of subsection (1) and substituting therefor the following proviso:

Provided that where a lessor gives a. lessee notice to quit or terminate the tenancy of any premises the rent of such premises on and after the date of such notice shall not, except by a determina- tion of the inspector or the Court, as the case may be, exceed the amount of rent lawfully chargeable, on the first day of the month before the month in which such notice is given. ;

(b) by adding after the word, "leased" in line six and again in line eight of paragraph (a) of subsection (2), the words, "or the supply or provision of any domestic service".

Ss. 17, 18, 19,

20 and 20A	4. The principal Act is amended by repealing
repealed.

sections seventeen, eighteen, nineteen, twenty and

twenty A.

1955.] Rents and Tenancies Emergency [No. 19.

Provisions.

9 20B

5. Section twenty B of the principal Act is

amended.

Cf. No. 10 of

amended

1954, a 11

which

repealed and

(a) by deleting the passage, "(other than premises in respect of which there subsists	re-enacted
s. 20B.

a lease entered into after the thirty-first day of December, one thousand nine hun- dred and fifty)" in lines three, four, five and six, of subsection (1);

(b)	by inserting after the word "premises" in line four of subsection (2) the passage "or a lessee the period of whose tenancy is three- monthly or more than three-monthly";
(c)	by adding after the word, "Court" being the last word in the proviso to subsection (2), the passage, "unless the Court on the hear- ing of an application by the lessor is satisfied that the lessee or a person in occupation of the premises has before or during that period of three months or that period of twelve months, as the case may be

(a)	failed to pay the rent for a period of twenty-eight days from the due date for payment;
(b)	failed to perform or observe some other term or condition of the lease and the performance or observance of that other term or condition has not been waived or excused by the lessor;
(c)	failed to take reasonable care of the premises or of any goods leased there- with, or has committed waste;
(d)	been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers;
(e)	been convicted, or any other person has been convicted, during the cur- rency of the lease, of any offence arising out of the use of the premises for any illegal purpose, or that a Court has found or declared that the

No. 19.] Rents and Tenancies Emergency [1955.

Provisions.

premises have, during the currency of the lease, been used for an illegal purpose; or

(f) become the occupant of the premises by virtue of an assignment or a trans- fer to which the lessor has not con- sented, or of which the lessor has not approved,

and the Court makes an order authorising the lessor to give notice to quit or terminate the tenancy before the expiration of that period of three months or that period of twelve months, as the case requires";

(d)	by deleting the passage, "(other than premises in respect of which there subsists a lease entered into after the thirty-first day of December, one thousand nine hundred and fifty)" in lines three, four, five and six of subsection (3);
(e)	by substituting for the word "fifty-five" in section (4) the word "fifty-six".

S. 29A

added. 6. The principal Act is amended by adding after

section twenty-nine the following section:-

Protection of

lessee where	29A. Where an inspector serves notice in
inspector

.exercises	writing of his intention to exercise any power
power.	conferred upon him by or under this Act, upon a lessor or an agent of the lessor of premises, the lessor shall not issue or give or cause to be given notice to quit, or terminate the tenancy of, the premises within twenty-eight days of service of the notice of intention.
5.33

amended. 7. Section thirty-three of the principal Act is amended by substituting for the word "fifty-five" in line three, the word "fifty-six".