Termination of Tenancies Act 1970 (Qld)

193 (Qualtsfunbc ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1970 An Act to Provide for the summary recovery of possession of land unlawfully held over and for the termination of tenancies and to Repeal The Landlord and Tenant Acts 1948 to 1961 [ ASSENTED TO 13TH APRIL, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title and commencement . (1) This Act may be cited as the Termination of Tenancies Act 1970. (2) This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 7

194 Termination of Tenancies Act 1970, No. 12 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 11-SUMMARY RECOVERY OF POSSESSION; PART 111-PROVISIONS RELATING TO TENEMENTS GENERALLY; PART IV-REPEALS AND SAVINGS; FIRST SCHEDULE; SECOND SCHEDULE. 3. Interpretation . (1) In this Act, unless the contrary intention appears- agent " means a person usually employed by the landlord in the letting of the land or in the collection of the rents thereof, or specially authorised to act in the particular matter by writing under the hand of the landlord; " defendant " means the person alleged in a complaint laid pursuant to this Act to be a person by whom land is unlawfully held over; " dwelling-house " means premises let for the purpose of residence or let for any purpose and used by the tenant wholly or partially for the purpose of residence: The term includes any land and appurtenances let with any premises that are a dwelling-house within the foregoing provisions of this definition: The term does not include- (a) licensed premises within the meaning of the Liquor Act1912-1970; (b) the premises of a club that holds a registered club licence under the Liquor Act1912-1970; " justice " means a justice of the peace for Queensland; " land " means land, houses or other corporeal hereditaments: The term includes units or parts of multiple houses or other buildings (whether the division is horizontal, vertical or made in any other way); " Magistrates Court " means a Magistrates Court constituted under The Justices Acts 1886 to 1968; " Magistrates Courts District " means a district for the purposes of Magistrates Courts appointed under The Justices Acts 1886 to 1968 or, pursuant to The Decentralization of MagistratesCourts Act of 1965, deemed to be such a district; notice to quit " includes a notice of intention to quit. (2) For the purposes of this Act, land is unlawfully held over if the term or interest held by a tenant therein has expired by effluxion of time or has been determined by a notice to quit (effective in law) or otherwise has been terminated and possession of the land or of any part thereof is not delivered up to the landlord or his agent by the tenant or, if he is not in actual occupation of such land or, as the case may be, part, by the person in actual occupation thereof. (3) The provisions of sections 4 to 14 both inclusive, of this Act relating to the recovery of possession of any land unlawfully held over shall not prejudice or affect any right, power or remedy had by a landlord otherwise than under this Act in respect of the unlawful holding over of the land.

Termination of Tenancies Act 1970, No. 12 195 PART 11-SUMMARY RECOVERY OF POSSESSION 4. Summary proceedings for recovery of possession . (1) Subject to this Act proceedings for the recovery of the possession of any land unlawfully held over may be heard and determined by a Magistrates Court in a summary way under The Justices Acts 1886 to 1968, upon the complaint in writing of the landlord or his agent. (2) The complaint shall be heard and determined at a place where it could be heard and determined were it a complaint of a breach of duty committed in the Magistrates Courts District within which the land concerned is situated or, where the land concerned is situated in more than one such district, in any of those districts. 5. Contents of complaint . A complaint for the recovery of the possession of land unlawfully held over shall state- (a) the description of the land in brief or such other particulars as are sufficient to identify the land; (b) where the land is situated; (c) the landlord of whom the land was held; (d) the nature of the tenancy under which the land was held; (e) the date on which the tenancy expired by efliuxion of time or, as the case may be, was determined by a notice to quit, or was otherwise terminated; (f) that the defendant fails to quit and deliver up possession of the land. A complaint may be in or to the effect of the form of complaint set out in the Second Schedule to this Act. 6. Summons upon complaint for recovery of possession of land. (1) Upon a complaint that is in accordance with section 5 of this Act signed by the complainant or his solicitor a justice may issue his summons directed to the defendant requiring him to appear on the day and at the time stated in the summons at the Magistrates Court at the place stated in the summons to answer the complaint and to show cause why a warrant to eject him from the land should not be issued. Such summons may be in or to the effect of the form of summons set out in the Second Schedule to this Act. (2) Every summons shall be endorsed on its face with a notice directed to the defendant that unless the defendant, not less than three days before the day on which he is required by the summons to appear, gives written notice to the clerk of the court whereat he is summoned to appear that he wishes to appear to answer the complaint, the complaint may be heard and determined in his absence and evidence by affidavit on behalf of the complainant may be admitted. (3) Without prejudice to any of the provisions of The Justices Acts 1886 to 1968, respecting the service of a summons, where it is made to appear to the court before which the defendant is required by the summons

196 Termination of Tenancies Act 1970, No. 12 to appear that for any cause the service of a summons issued and complaint made pursuant to this Act cannot be effected in the manner prescribed by those Acts the court may- (a) make such order for substituted or other service as it thinks proper in which case the summons and complaint served in the manner provided by such order shall be deemed to have been duly served on the defendant; or (b) upon being satisfied that the summons and complaint have by any means come to the knowledge of the defendant, order that the defendant be deemed to have been duly served therewith and on the making of such order may deal with the complaint as if ' such complaint and summons had been duly served pursuant to The Justices Acts 1886 to 1968. 7. Hearing and determination . proof of- (a) the holding; (1) At the hearing and upon (b) the expiry, determination or other termination of the tenancy; (c) the lawful right of the landlord as against the defendant to possession; (d) the failure of the defendant to quit and deliver up possession; and (e) (where the defendant does not appear in person or by counsel or solicitor) due service of the summons upon the defendant a reasonable time (being in no case less than seven days) before the time appointed for his appearance, the court, unless the defendant appears and shows to its satisfaction cause why such a warrant should not be issued, or the court is otherwise satisfied that there is such cause, may order that a warrant be issued against the defendant requiring and authorizing any person to whom it is addressed to take and give possession of the land the subject of the complaint to the landlord or, where the complaint was made by an agent, such agent. (2) Where a defendant who has not, at least three days before the day on which he is required by the summons to appear, given written notice to the clerk of the court whereat he is summoned to appear, that he wishes to appear to answer the complaint, does not when called appear at the time and place appointed by the summons for hearing and determining the complaint, and proof is made to the court upon oath, or by deposition made in manner prescribed by The Justices Acts 1886 to 1968, of due service of the summons upon the defendant a reasonable time (being in no case less than seven days) before the time appointed for his appearance, proof of all or any of the matters prescribed by subsection (1) of this section may be made by affidavit. 8. Warrant for possession . (1) The warrant issued by order of the court shall be in the form set out in the Second Schedule to this Act, or in a form to the like effect, may be issued by the court (or, after the case has been heard and determined, by the clerk of the court) and shall require and authorise any person to whom it is addressed, within the period therein specified, (not being more than three months from the date of the order) to enter (by force if necessary) into and upon the land

Termination of Tenancies Act 1970, No. 12 197 therein specified and to eject therefrom the defendant and all persons claiming under or through him together with his or their goods and effects, and to give possession of the same to the landlord or, as the case requires, his agent. (2) Such warrant shall be sufficient authority to any person to whom it is addressed to enter (by force if necessary) into and upon the land therein specified, with such assistants as he deems necessary, to eject therefrom the defendant and all persons claiming under or through him together with his or their goods and effects, and to give possession to the landlord or, as the case requires, his agent accordingly. (3) Such warrant may be executed not only against the defendant but also against every person claiming under or through him who is in actual occupation of the land therein specified or any part thereof and for this purpose a person whose occupation is referable to a tenancy held of the defendant (whether the tenancy was created before or after the commencement of the proceeding out of which the warrant was issued) shall be deemed to claim under the defendant notwithstanding that such tenancy has expired by efliuxion of time, has been determined by a notice to quit, or has been otherwise terminated. (4) Such a warrant issued in relation to a building, or a unit or part of a multiple house or other building, shall be sufficient authority to any person to whom it is addressed to pass (by force if necessary), with such assistants as he thinks necessary, through, along, across, over or under any land (including in the case of any such unit or part, any other part of the multiple house or other building in which it is comprised) ordinarily used as a means of access to such building, or unit or part. (5) No entry upon such a warrant shall be made on a Sunday, Good Friday, Christmas Day or Anzac Day, or at any time except between the hours of nine o'clock in the morning and four o'clock in the afternoon. (6) Where the complaint has been heard and determined ex parse such a warrant shall not be issued within seven days after the determination. (7) Where the circumstances of the case make it appear to the court proper so to do, the court may, upon making an order that such a warrant be issued, further order that the issue of the warrant be postponed for such time and on such conditions (if any) as appear to it just and are specified in the order whereupon the warrant shall not be issued within such time while such conditions are complied with. Notwithstanding a postponement of the issue of a warrant pursuant to this subsection the maximum period within which the warrant, when issued, may be executed shall not exceed three months from the date on which was made the order that the warrant be issued. 9. Arrears of rent, etc . (1) In a complaint for the recovery of the possession of land unlawfully held over, it may be joined as a further matter of complaint that the defendant is indebted to the landlord for rent or mesne profits, or both, in respect of the land the subject of the complaint. Such further matter of complaint shall be set out in a separate paragraph in the complaint.

198 Termination of Tenancies Act 1970; No. 12 (2) In respect of such further matter of complaint the same particulars of the complainant's claim for rent or mesne profits, or both, shall be supplied and served as would be required if the said claim were being made by way of a plaint filed in a Magistrates Court exercising jurisdiction under The Magistrates Courts Acts 1921 to 1964. (3) In any case where the court orders that the further matter of complaint be heard separately it may, by the same or any subsequent order, give directions for the conduct of the proceedings in relation thereto or may order that the said proceedings be carried on in the same manner as if the said claim were being made by way of a plaint filed in a Magistrates Court exercising jurisdiction under The Magistrates Courts Acts 1921 to 1964: (4) Where the matters of complaint are heard together, if, pursuant to subsection (2) of section 7 of this Act, the matters prescribed by subsection (1) of that section may be proved by affidavit, the amount of indebtedness the subject of the further matter of complaint may also be proved by affidavit. (5) In respect of the further matter of complaint, the court shall order the defendant to pay to the landlord such amount, if any, (but not exceeding one thousand two hundred dollars) as it determines to be payable and unpaid in respect of the indebtedness the subject thereof when it makes the determination. An order made by a court pursuant to this subsection shall, for the purposes of the enforcement thereof, be deemed to have been made by a Magistrates Court in the exercise of its jurisdiction under The Magistrates Courts Acts 1921 to 1964, and shall be enforceable accordingly, and not otherwise: Provided however that where the matters of complaints are heard and determined together ex parte action to enforce the order made in respect of the further matter of complaint shall not be taken within seven days after the determination. (6) A postponement of the issue of a warrant pursuant to subsection (7) of section 8 of this Act shall not affect any order for payment made pursuant to this section. 10. Rehearing where proof made by affidavit . (1) Where, upon proof by affidavit of the matters required by subsection (1) of section 7 of this Act to be proved, a court has ordered that the warrant mentioned in that subsection be issued, a Magistrates Court at the place where the order was made may, upon application in that behalf made by the defendant or by his counsel or solicitor, within seven days after the date on which the order was made, if in its opinion there is a proper reason sz^ doing, grant a re-hearing of the complaint upon which the order was made on such terms and subject to the payment of such costs as it thinks fit. (2) Upon and by virtue of the grant of a re-hearing- (a) subject to subsection (4) of this section, the order for the issue of a warrant made upon the first hearing and any warrant issued thereunder shall cease to have effect; (b) the court may, with the consent of the complainant, proceed with the re-hearing forthwith or it may and, if the complainant does not, consent to the court proceeding with the re-hearing forthwith, shall set down the re-hearing for a later date;

Termination of Tenancies Act 1970, No. 12 199 (c) on the re-hearing, the complaint shall be re-heard and re-determined as if the re-hearing were the original hearing and determination. (3) Upon the re-hearing proof shall not be made by affidavit of any of the matters required by subsection (1) of section 7 of this Act to be proved. (4) If the defendant when called does not appear at the time and place appointed for the re-hearing, the court, if it thinks fit, may without re-hearing the complaint order that the original order (and where applicable warrant) be restored and such order (and, where applicable, warrant) shall be restored to effect accordingly and shall be deemed to have had force and effect on and from the date when the order was first made or, in the case of such warrant, it was first issued: Provided however that in the case of such a warrant the time thereby limited for its execution shall begin to run on and from the date of the order restoring it to effect. (5) (a) Where in the case of a complaint containing a further matter of complaint pursuant to section 9 of this Act, the matters of complaint have been heard together, then upon and by virtue of the grant of a re-hearing of the complaint the order, if any, made against the defendant in respect of such further matter of complaint shall, subject to paragraph (b) of this subsection, cease to have effect and upon the re-hearing such further matter of complaint shall be re-heard and re-determined as if the re-hearing were the original hearing and determination thereof. (b) If, pursuant to subsection (4) of this section, the court orders the original order for the issue of a warrant made upon the complaint to be restored the order, if any, made against the defendant in respect of the further matter of complaint shall, without any order of the court be also restored to effect: Provided that the court, upon the application of the complainant and upon proof, which may be by affidavit, of the amount payable and unpaid at the date it restores the order for the issue of a warrant made upon the original complaint, may vary the order made in respect of the further matter of complaint so as to require thereby the payment of such amount. 11. Court' s powers in proceeding under this Act. The powers conferred on a court by this Act are in addition to the powers of the court apart from this Act. In respect of a proceeding under this Act upon a complaint that includes a claim for the recovery of land the court shall have and may exercise all or any of its powers as if the proceeding were upon a complaint for a breach of duty. In respect of a claim for rent or mesne profits made before it by way of complaint pursuant to this Act the court shall have and may exercise all or any of the powers conferred by The Magistrates Courts Acts 1921 to 1964 on a Magistrates Court constituted by the person or persons who constitute the court in the proceeding in which the claim is made. An order made in a proceeding under this Act for the payment of money (including by way of costs) shall, for the purposes of the enforcement thereof, be deemed to have been made by a Magistrates Court in the exercise of its jurisdiction under The Magistrates Courts Acts 1921 to 1964 and shall be enforced accordingly and not otherwise.

-S 200 G OVT . P i14T4tl vf C&M&s,AB P1 2 12. Protection of justices , etc. An action or prosecution shall not be brought against- (a) a justice who constituted a court which issued a warrant pursuant to this Act; (b) a clerk of the court who issued a warrant pursuant to an order of a court made under this Act; (c) a person by whom any such warrant was executed, on account of the issue or execution of the warrant by reason that the landlord by or on whose behalf the warrant was obtained had no lawful right to possession of the land for the recovery of which the warrant was issued. 13. Protection of landlord entitled to possession . In all cases where at the time of the execution of a warrant issued pursuant to this Act the landlord by or on whose behalf the warrant was obtained, had as against the person in possession of the land lawful right to the possession thereof, then neither such landlord, nor his agent nor any other person acting on his behalf, shall be a trespasser by reason merely of any irregularity or informality in the manner of obtaining possession under the authority of this Act but the party aggrieved may, if he thinks fit, bring an action for any such irregularity or informality. 14. Persons lacking right to possession not protected . (1) Neither a provision of this Act nor a warrant to take and give possession of land issued pursuant to this Act shall be construed to protect a landlord by whom or on whose behalf the warrant was obtained from action brought against him on account of entry upon or taking possession of the land or any part thereof by virtue of the warrant where the landlord, at the time the warrant was executed, had not lawful right to possession of the land or part as against the person in possession thereof at that time. (2) Without prejudice to the rights to which any person may be entitled as out-going tenant, where the landlord had not such right to possession he shall be liable in respect of the entry and taking possession as if the same were made or effected by him or at his direction without the authority of the warrant. 15. Alteration of Schedule . The Governor in Council may by Order in Council published in the Gazette amend the Second Schedule to this Act- (a) by providing therein any other forms whether in addition to or in substitution for any of the forms therein contained; (b) by altering the forms for the time being provided for therein including forms added thereto under this section. The Second Schedule as so amended from time to time shall be taken to be the Second Schedule to this Act. PART 111-PROVISIONS RELATING TO TENEMENTS GENERALLY 16. Special provisions applicable to recovery of possession . For the purposes of the recovery of the possession of land whether by way of complaint pursuant to this Act or otherwise- (a) proof of the payment by any person of rent in respect of the land shall give rise to a presumption- (i) of the existence of a tenancy in respect of the land; and

Termination of Tenancies Act 1970, No. 12 201 (ii) that such person holds the land as tenant of the person to whom or to whose agent such rent is paid; and (iii) that the person to whom or to whose agent such rent is paid'is the landlord of whom the tenant holds the land; (b) a tenancy so presumed to exist shall, in the absence of proof to the contrary in relation to the particular tenancy, be deemed to be a tenancy determinable by either the landlord or the tenant- (i) in the case of a tenancy of a dwelling-house, by notice to quit as prescribed by section 18 of this Act; (ii) in any other case, (A) where the rent is payable in respect of weekly intervals, by notice to quit given for a period of seven days; (B) where the rent is payable in respect of any other interval, by notice to quit given for a period of twenty- eight days. (c) where a landlord has conveyed to a purchaser land the subject of a tenancy, a notice in writing of the conveyance, signed by the landlord or his solicitor, specifying the name of the purchaser and directing the tenant to pay all future rents to the purchaser, served upon the tenant of the land, shall be deemed to operate as an attornment as tenant to the purchaser by the tenant at the rent and subject to the stipulations, agreements and conditions of such tenancy subsisting at the date of service of such notice. A notice under this paragraph (c) may be served on the tenant personally or by leaving the same for the tenant at any occupied house or building upon the land or by properly addressing, prepaying and posting a letter containing the notice addressed to the tenant at his address last known to the person who signs the notice and where so served by post the service shall be deemed to have been effected at the time when the letter would be delivered in the ordinary course of post to the address shown thereon. 17. Expiry date of notice to quit . A notice to quit may expire at any time if the notice given is for the period required by the agreement of the landlord and the tenant or, failing such agreement, required by law notwithstanding that the date indicated in the notice as the date upon which possession is to be given, does not coincide with the last day of a period of the tenancy. In respect of the last period of a tenancy determined by a notice authorized by this section the rent payable shall, where appropriate, be apportioned. 18. Provisions affecting notices to quit dwelling-house. (1) This section applies in respect of a tenancy of a dwelling-house other than a tenancy for a fixed term and applies subject to any agreement between the landlord and the tenant as to the determination of the tenancy by notice to quit. (2) Subject to this subsection, a notice to quit shall not be effectual to determine a tenancy of a dwelling-house unless it is given on one or more of the following grounds- (a) that the tenant has failed to pay the rent in respect of a period of not less than fourteen days; or

202 Termination of Tenancies Act 1970, No. 12 (b) that the tenant has failed to perform or observe some other term or condition of the tenancy and the performance or observance of that other term or condition has not been waived or excused by the landlord; or (c) that the tenant has failed to take reasonable care of the premises, or of any goods let therewith, or has committed waste; or (d) that the tenant has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers; or (e) that the tenant himself or any other person has been convicted during the currency of the tenancy of any offence arising out of the use of the premises for any illegal purpose or a court of competent jurisdiction has found or declared that the premises have, during the currency of the tenancy, been used for an illegal purpose; or (f) that the tenant has sublet the premises or some part thereof without the consent or approval of the landlord; or (g) that the tenant without just cause or excuse has parted with possession of the premises without the consent or approval of the landlord; or (h) that the tenant without just cause or excuse, not having parted with possession of the premises, has, without the consent or approval of the landlord ceased for a period exceeding three months to be a bona fide occupant of the premises; or (i) that the premises are reasonably required by the landlord for occupation by himself or by a parent, child, brother or sister of his; or (j) that the landlord has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase price within twelve months from the date thereof and which requires the landlord to deliver vacant possession of the premises; or (k) that the premises have been condemned by or on behalf of the Local Authority having jurisdiction in respect of them and are reasonably required by the landlord for demolition. In a proceeding before any court, where it is material to conclude whether a tenancy of a dwelling-house has been determined by a notice to quit, the notice shall not be held to be ineffectual for that purpose by reason only of the fact that it was given on a ground that is not prescribed by this subsection if the court finds that the ground is a proper and sufficient ground on which to determine the tenancy and is established on the evidence. (3) A notice to quit given on one or more of the grounds specified in paragraphs (a) to (h) of subsection (2) of this section and on no other ground, shall be a sufficient notice to determine the tenancy to which it relates if- (i) in the case of a periodic tenancy or a tenancy referred to in paragraph (b) of section 16 of this Act, it is given for a period of seven days;

Termination of Tenancies Act 1970, No. 12 203 (ii) in the case of any other tenancy to which this section applies, it purports to determine the tenancy upon the giving thereof or upon a later date. (4) A notice to quit given on a ground other than a ground referred to in the last preceding subsection, if it is to be effectual to determine the tenancy to which it relates, shall be given for a period of twenty-eight days at the least together with an additional period of seven days for each complete period of six months' occupation by the tenant: Provided that this subsection shall not be construed to require a notice to quit to be given for a period exceeding three months. 19. Tenancies from year to year which have arisen by implication prior to this Act . Where a tenancy from year to year has arisen by implication before the commencement of this Act and the date of its creation is unknown to the landlord or the tenant, as the case may be, who is seeking to determine the same, such tenancy shall, subject to any express agreement to the contrary, be determinable by six months' written notice to quit. 20. Service of notice to quit . (1) For the purposes of the recovery of the possession of land whether by way of complaint pursuant to this Act or otherwise- (a) service of a notice to quit may, without prejudice to any other mode of service, be effected by delivering the notice to- (i) some person apparently over the age of eighteen years and apparently residing in or in occupation of the land of which possession is sought to be recovered; or (ii) the person by whom the rent of the land is customarily paid if such person is apparently over the age of eighteen years; (b) where for sufficient cause the service of any notice to quit in respect of any land cannot be effected, a court having, pursuant to this Act, jurisdiction to hear and determine a complaint for recovery of possession of the land may, upon an affidavit showing sufficient grounds, make an order for substituted or other service or substitution for service of notice by advertisement or otherwise as it thinks proper and any notice to quit served, advertised or otherwise dealt with in the manner provided in such order shall be deemed to have been duly served on the tenant. (2) (a) Where a tenant of land has died and probate or letters of administration of his estate have not been granted, any notice to quit which might have been given to the legal personal representative of the deceased tenant had probate or letters of administration of his estate been granted shall be deemed to have been duly served on the tenant when- (i) where any person or persons are apparently residing on or in occupation of the land, it is delivered to any of such persons apparently over the age of eighteen years; (ii) in any other case, it is advertised twice in a daily newspaper circulating in the district in which the land is situated. (h) Where a proceeding for the recovery of the possession of land is taken in reliance on a notice to quit given in a manner provided in subparagraph (i) of paragraph (a) of this subsection, any occupant of

204 Termination of Tenancies Act 1970, No. 12 the land or other person claiming an interest in the land shall be entitled to be heard in the proceeding and the contesting of the proceeding shall not of itself be regarded as an act of administration or as intermeddling in the estate of the deceased tenant or as constituting the person so contesting the proceeding an executor de son tort of the deceased tenant. (c) Nothing in this subsection shall affect the right of a landlord to give notice to quit otherwise than as provided in this subsection. 21. Distress for rent of dwelling-house prohibited . A person shall not levy or make any distress for rent of a dwelling-house or of a dwelling-house and goods let therewith. 22. Right of entry of landlord . (1) This section applies subject to any agreement between the landlord and the tenant as to the right of entry of the premises by or on behalf of the landlord. (2) Subject to this subsection, a landlord or his agent shall not be entitled to enter upon the premises held from the landlord unless he has given to the tenant at least forty-eight hours notice, in writing, of his intention to enter. A landlord or his agent may enter upon and inspect premises held from the landlord without giving the notice prescribed by the preceding paragraph if- (a) the well-being of the tenant requires it; or (b) the entry is to protect the premises from imminent or further damage. (3) A notice may be given under subsection (2) of this section- (a) by service personally on the tenant; (b) by prepaid post addressed to the tenant at his place of residence last known to the landlord or his agent; or (c) by being affixed to a prominent part of the premises to be entered. PART 1V-REPEALS AND SAVINGS 23. Repeal . The Acts specified in the First Schedule to this Act are repealed. 24. Pending action for recovery of possession to continue. A proceeding for the recovery of the possession of land commenced pursuant to the Summary Ejectment Act of 1867 and pending at the date of commencement of this Act shall be continued and disposed of as if this Act had not been passed. 25. Effect of past notices to quit. A notice to quit a dwelling-house given prior to the date of commencement of this Act shall be construed to have effect in law as if this Act had not been passed. 26. Pending fair rent proceedings discontinued . A proceeding for a determination of the fair rent of a dwelling-house commenced under The Landlord and Tenant Acts 1948 to 1961 and pending at the date of commencement of this Act shall be discontinued and abandoned upon such commencement.

Termination of Tenancies Act 1970, No. 12 205 27. Fixed rents variable by agreement (1) Rent that immediately prior to the date of commencement of this Act was the fair rent of a dwelling-house fixed under- (a) the provisions of section 13 of The Landlord and Tenant Acts 1948 to 1961; or (b) a determination made under Part II of those Acts, shall, on and from the date of-commencement of this Act, cease to be the fair rent of the dwelling-house so fixed and shall be or, as the case requires, be deemed to be the rent of the dwelling-house payable under agreement made between the lessor and the lessee of the dwelling-house and, subject to subsection (2) of this section, may be varied according to law. (2) Until the First day of January 1971- (a) an agreement entered into with respect to a tenancy existing at the date of commencement of this Act of a dwelling-house shall be, to the extent that it is directed to increasing the rent for the tenancy over and above the amount that, immediately prior to the date of commencement of this Act, is the fair rent of the dwelling-house or, but for this provision would have that effect, null and void; and (b) an arr. iunt of rent required by such an agreement to be paid over and above the amount that, immediately prior to the date of commencement of this Act, is the fair rent of the dwelling- house shall be irrecoverable by or on behalf of the lessor. 28. Interim operation of repealed provisions for certain purposes. Without prejudice to the operation of section 20 of the Acts InterpretationAct1954-1970 a court or person authorized or required to exercise or perform a jurisdiction, power or function pursuant to any provision of The Landlord and Tenant Acts 1948 to 1961 may, subject to section 26 of this Act, exercise that jurisdiction or power or perform that function in respect of any matter that arose or any offence committed prior to the date of commencement of this Act notwithstanding the repeal of the Acts comprising those Acts and to the extent necessary for that purpose the provisions of those Acts shall be deemed to continue in force and to apply accordingly. 29. Meaning of terms. A term to which a meaning was assigned by section 7 of The Landlord and Tenant Acts 1948 to 1961 has a like meaning when used in sections 26 and 27 of this Act. FIRST SCHEDULE ACTS REPEALED BY THIS ACT [s. 23] Year and No. of Act Title of Act 31 Vic. No. 27 12 Geo. 6 No. 31 12 Geo. 6 No. 46 13 Geo. 6 No. 31 14 Geo. 6 No. 9 3 Eliz. 2 No. 42 6 Eliz. 2 No. 35 10 Eliz. 2 No. 29 Summary Ejectment Act of 1867 The Landlord and Tenant Act of 1948 The Landlord and Tenant Act Amendment Act of 1948 The Landlord and Tenant Acts Amendment Act of 1949 The Landlord and Tenant Acts Amendment Act of 1950 The Landlord and Tenant Acts Amendment Act of 1954 The Landlord and Tenant Acts Amendment Act of 1957 The Landlord and Tenant Acts Amendment Act of 1961

206 Termination of Tenancies Act 1970, No. 12 Queensland SECOND SCHEDULE Complaint [s. 5] [Brisbane] to wit The complaint of of , in the said State, made this day of , 19 , before the undersigned, one of Her Majesty's Justices of the Peace for the said State who says that , of , in the said State fails to quit and deliver up possession of [shortly describe land held over] situated at which was held of the said complainant [or, if the complainant is not the landlord, here state name and address of the landlord ] under a tenancy [nature of tenancy] which expired by effluxion of time for was determined by notice to quit] on the day of , 19 , whereupon the said prays that I the said justice will proceed in the premises according to law. Made before me the day and year first abovementioned at in the said State. A.B., J.P. Summons [s. 6] To in the State of Queensland. of Whereas the above complaint [or, if the summons is not on the complaint , a complaint ] has this day been made before the undersigned, one of Her Majesty's Justices of the Peace for the said State [if the summons is not on the complaint here state shortly the matter of the complaint]: You are hereby commanded , in Her Majesty's name, to appear at the Magistrates Court at , in the said State, on the day of , 19 , at o'clock in the noon, to answer the said complaint and to show cause why a warrant to eject you from the said land should not be issued. Given under my hand at this day of , in the said State, , 19 . A.B., J.P. Endorsement on Summons To the abovenamed defendant. Take notice that unless not less than three days before the day on which you are required by this summons to appear you give written notice to the clerk of the Magistrates Court whereat you are now summoned to appear that you wish to appear and answer the complaint referred to in this summons, the said complaint may be heard and determined in your absence and evidence by affidavit on behalf of the complainant may be admitted. [s.8] Warrant to member of the Police Force to Take and Give Possession To the Principal Police Officer at , in the © State of Queensland, and to all other members of the Police Force in the said State. Whereas the Magistrates Court at , in the State of Queensland, in pursuance of the Termination of Tenancies Act 1970 and The Justices Acts 1886 to 1968, did on this [the] day of , 19 , upon hearing the matter of a complaint made

Termination of Tenancies Act 1970, No. 12 207 by A.B. [or C.D. the agent of A.B.] against E.F. adjudge that the said A.B. is entitled to the possession of [here describe the land as in the complaint] and also ordered that a warrant should issue in accordance with the provisions of the said Act for putting the said A.B. into possession of the said land within [as in Order] clear days from the date hereof: Now, therefore, I/we, the undersigned, being Her Majesty's justice (justices) of the peace constituting the said Court [or, being the Clerk of the said Court] do authorise and command you on any day within [as in Order] clear days from the date hereof except on Sunday, [Christmas Day, Good Friday and Anzac Day, or any of those days, to be added if necessary] between the hours of nine in the forenoon and four in the afternoon to enter by force if necessary and with or without the aid of [the landlord or agent of the landlord as the case may be] or any other person or persons you deem necessary to call to your assistance into and upon the said land and to eject therefrom the said E.F. and all persons claiming under or through him together with his or their goods and effects and to give possession of the same to the said A.B. [or C.D. as such agent as aforesaid on behalf of the said A.B.] Given under our hands (or my hand) this ,19 . day of J.P. [or Clerk of the Court, as the case may be] J.P. [where court constituted by more justices than one]