Version No. 083
Landlord and Tenant Act 1958
Act No. 6285/1958
Version incorporating amendments as at 24 April 2002
TABLE OF PROVISIONS
Section
1.
Short title and commencement
2.
Repeals
PART 1—LEASES
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
3
Form and effect of words in schedules
What deed shall include
Validity of ineffectual deed
Interpretation for purposes of preceding sections
Action for rent may be brought against tenant for life
Rents how to be recovered where the demise is not by deed
Penalty for persons holding over lands etc. after the expiration
of leases
Tenants holding of the property after giving notice
Rents recoverable from tenants for life
Distress for rent abolished
PART 2—PROVISIONS AS TO EXECUTION AND SEIZURE BY
THIRD PARTY
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Page
1
1
No goods to be removed unless there has been full payment of
rent
Sheriff to levy the rent
No sheriff or other officer shall sell or carry off any produce
from the land
Tenant to give notice of existing covenants
The sheriff to give notice to the owner or landlord
Sheriff may dispose of produce
Sheriff to assign agreement to owner or landlord
Sheriff to inquire as to name and residence of landlord
Sheriff not to sell any grasses growing with corn
Straw and other produce which tenant may remove
Sheriff not liable for unwilful damages
Indemnity to sheriff and others
Official assignee not to take any crop
i
3
3
3
4
4
4
5
5
6
6
7
7
7
7
8
8
9
9
10
10
10
10
10
11
Section
Page
PART 3—EMBLEMENTS: FIXTURES
26.
27.
28.
Lease to be held to the end of the year
Growing crops liable to rent which may accrue
Tenant may remove buildings and fixtures
PART 4—SUMMARY PROCEEDINGS TO RECOVER
POSSESSION
29. Definitions
30. Provision for landlords where tenants desert the premises
31. Tenants may appeal to judge on circuit or Supreme Court
32. Serving of notice to quit
32AA. Acceptance of rent not to waive notice to quit
32A. Landlord to serve sub-lessees of dwelling-houses in certain cases
32B. Failure to include statements in notice to quit
33. Mode of proceeding and proof before justices
34. Warrants not to be issued on certain days
35. Persons who have not a right to possession obtaining warrant
not to be protected from actions
36. Wrongfully procuring a warrant
37. Execution of warrant stayed on bond given to bring action
38. The bond to whom made and actions thereon
39. Protection of justices
40. Effect of irregularity
41. Costs where damages do not exceed Fifty cents
42. Death of party not to terminate proceedings etc.
PART 4A—REMOVAL AND DISPOSAL OF GOODS LEFT ON
VACATED PREMISES
42A.
42B.
42C.
42D.
42E.
42F.
Definitions
Landlord may remove and store goods
Sale of goods by landlord
Landlord may deduct certain costs from proceeds of sale
Buyer of goods sold pursuant to this Part to acquire a good title
Rights of actual owner of goods
12
12
13
13
15
15
16
16
17
20
20
21
21
23
23
23
24
24
25
25
25
26
27
27
27
27
29
30
30
PART 5—CONTROL OF RENTS AND RECOVERY OF
POSSESSION
31
Division 1—Introductory
31
Interpretation
31
43. Definitions
43A–43F. Repealed
31
40
ii
Section
Page
Application of Act
41
44.
45.
45A.
46.
47.
48.
Declarations as to application of Act
Declaration of special premises
Lessor to be given opportunity to be heard
Certain contracts deemed to be leases
New leases not to be subject to this Part
Leases in writing for three years or more not to be subject to
this Part
48A. Decontrol of premises comprising of business and private
dwelling
49. Application of Divisions 2, 3 and 4 to any premises
50. Crown not bound
41
41
43
44
45
46
47
47
48
Division 2—Rent Control
48
Subdivision 1—Administration
48
51.
51A.
52.
53.
54.
55.
Constitution of Fair Rents Boards
Victorian Civil and Administrative Tribunal
Delegation of powers and functions
Powers of Minister, authorized officers and Boards
Repealed
Indemnity
48
50
50
50
51
51
Subdivision 2—Fair Rents
51
Statement of Fair Rents
51
56.
Fair rents of premises to continue
Determination of Fair Rents by Board
57. Applications for fixing of fair rents
58. Notice of application
59. Determination of application
60. Date of operation of determination
61. Board may determine fair rent
62. Inspection and valuation of prescribed premises
63. Costs not to be allowed
64. Matters to be considered in determining fair rent
65, 66. Repealed
Fixing Fair Rents by Notice
53
53
53
54
54
55
56
56
56
59
59
67. Power to lessor to require money for repairs
67A. Repealed
Fixing Fair Rents by Agreement
68.
69.
51
59
62
63
Fixing fair rent by agreement
Fixing fair rent of premises following alterations
iii
63
64
Section
Page
Period for Payment of Rent
70.
64
Period for which fair rent may be fixed
Effect of Fixing Fair Rent
71.
72.
73.
65
Effect of fixing fair rent
Recovery of overpaid rent
Time for applications to fix rent after determinations
Extension of Application of Division
74.
65
65
66
67
Lease of premises together with goods
Subdivision 3—General
75.
76.
77.
78.
79.
80.
81.
64
67
67
Penalty for demanding excess rent
Record of rents
Certain payments prohibited
Supply of particulars as to rent of premises
Effect on guarantee of fixing rent
Certificate as to rent
Proof of rent paid
67
68
68
69
69
69
70
Division 3—Recovery of Possession
71
Notices to Quit
71
82.
83.
84.
85.
86.
87.
88.
89.
Restrictions on eviction
Period of notice to quit
Notice to quit not to be given on certain grounds
Notice to quit where dwelling-house sold
Notice to specify grounds
Notice to quit to terminate lease
Notice to quit after failure of eviction proceedings
Repealed
Barring and Avoiding Notice to Quit
90.
91.
71
80
80
81
82
82
83
83
84
Power to court to bar notices to quit
Power to court to declare certain notices void
Proceedings for Recovery of Possession, &c.
92.
93.
Tribunal to consider hardship and alternative accommodation
Tribunal to disregard hardship and alternative accommodation
in some cases
94. Repealed
95. Power to stay proceedings or orders
96. Certain applications to operate as stay of execution
97, 98. Repealed
99. Ejectment orders not enforceable
100. Tribunal may order compensation for misrepresentation
101. Premises not to be sold or re-let etc. in certain cases
iv
84
85
86
86
90
96
97
98
98
98
99
99
Section
102.
103.
104.
105.
106.
107.
Page
Repealed
Acceptance of rent not to waive notice to quit
Persons not to interfere with use or enjoyment of premises
Protection of certain sub-lessees
Protection of certain persons in possession of premises
Costs in ejectment proceedings
Division 3A—Premises Ceasing to be Prescribed Premises
107A.
Premises ceasing to be prescribed premises
Division 4—Miscellaneous
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
100
101
102
102
104
105
105
105
107
Threats and boycotts prohibited
Contract to avoid Part
Powers of entry and inspection
Rights of lessor in respect of prescribed premises
Dwelling-house not to be sold unless tenant given opportunity
to purchase
Service of notices
Notice to lessor or lessee
Continued operation of notice
As to onus of proof that premises are prescribed premises
Offences and penalties
Regulations
__________________
107
108
108
110
111
113
114
115
115
115
115
SCHEDULES
117
SCHEDULE 1—Repeals
117
SCHEDULE 2
118
SCHEDULE 3—Direction as to the forms in this schedule
119
SCHEDULE 4—Complaint and summons thereon
124
SCHEDULE 5—Warrant to member of the police force to take and
give possession
125
═══════════════
ENDNOTES
126
1. General Information
126
2. Table of Amendments
127
3. Explanatory Details
131
v
Version No. 083
Landlord and Tenant Act 1958
Act No. 6285/1958
Version incorporating amendments as at 24 April 2002
An Act to consolidate the Law relating to Landlord and Tenant.
BE 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 Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title and commencement
This Act may be cited as the Landlord and
Tenant Act 1958, and shall come into operation
on a day to be fixed by proclamation of the
Governor in Council published in the Government
Gazette.
2. Repeals
(1) The Acts mentioned in the First Schedule to the
extent thereby expressed to be repealed are hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under any of the
repealed Acts or existing or continuing under
any of such Acts immediately before the
commencement of this Act shall under and
subject to this Act continue to have the same
status operation and effect as they
1
S. 1
amended by
Nos 8208
ss 5(2),
15(1)(b), 9019
s. 2(1)(Sch.
item 114),
57/1989
s. 3(Sch. item
112.1).
Landlord and Tenant Act 1958
Act No. 6285/1958
s. 2
respectively would have had if such Acts had
not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph, such
repeal shall not disturb the continuity of
status operation or effect of any
proclamation regulation order application
determination decision recommendation
petition rule lease proceeding appeal consent
contract agreement arrangement direction
warrant permit certificate exemption
approval disapproval objection appointment
delegation classification condition notice fee
liability or right made effected issued
granted given presented passed fixed accrued
incurred or acquired or existing or
continuing by or under any of such Acts
before the commencement of this Act.
_______________
2
Landlord and Tenant Act 1958
Act No. 6285/1958
Part I—Leases
s. 3
PART I—LEASES
3. Form and effect of words in schedules
No. 3710 s. 3.
Whenever any party to any deed made according
to the tenor and effect of the form set forth in the
Second Schedule to this Act or whenever any
party to any other deed which is expressed to be
made in pursuance of this Part employs in such
deed respectively any of the forms of words
contained in column one of the Third Schedule
hereto annexed and distinguished by any number
therein, such deed shall be taken to have the same
effect and be construed as if such party had
inserted in such deed the form of words contained
in column two of the same schedule and
distinguished by the same number as is annexed to
the form of words employed by such party; but it
shall not be necessary in any such deed to insert
any such number.
4. What deed shall include
Every such deed (unless any exception is specially
made therein) shall be held and construed to
include all outhouses buildings barns stables yards
gardens cellars ancient and other lights paths
passages ways waters water-courses liberties
privileges easements profits commodities
emoluments hereditaments and appurtenances
whatsoever to the lands and tenements therein
comprised belonging or in anywise appertaining.
5. Validity of ineffectual deed
Any deed or part of a deed which fails to take
effect by virtue of the provisions contained in the
last two preceding sections of this Act shall
nevertheless be as valid and effectual and shall
bind the parties thereto so far as the rules of law
3
No. 3710 s. 4.
S. 4
amended by
No. 7332
s. 2(Sch. 1
item 51).
No. 3710 s. 5.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part I—Leases
s. 6
and equity will permit as if the said provisions had
not been made.
No. 3710 s. 6.
6. Interpretation for purposes of preceding sections
In the construction and for the purpose of the last
three preceding sections of this Act and the
Second and Third Schedules hereto (unless there
is something in the subject or context repugnant to
such construction)—
"lands" extends to all tenements and
hereditaments or any undivided part or share
therein respectively; and
"party" includes any body politic or corporate or
collegiate as well as an individual.
No. 3710 s. 7.
7. Action for rent may be brought against tenant for
life
Where any person has any rent in arrear or due
upon any lease or demise for life or lives he may
bring an action for such arrears of rent in the same
manner as he might have done in case such rent
were due and reserved upon a lease for years.
No. 3710 s. 8.
S. 8
amended by
No. 6505 s. 2.
8. Rents how to be recovered where the demise is not
by deed
Where the agreement between the landlord and
tenant is not by deed, the landlord may recover a
reasonable satisfaction for the lands tenements or
hereditaments held or occupied by the defendant
in an action for the use and occupation of what
was so held or enjoyed. And if in evidence on the
trial of such action any parole demise or any
agreement (not being by deed) whereon a certain
rent was reserved shall appear, the plaintiff in
such action shall not be nonsuited but may make
use thereof as an evidence of the quantum of the
damages to be recovered.
4
Landlord and Tenant Act 1958
Act No. 6285/1958
Part I—Leases
s. 9
9. Penalty for persons holding over lands etc. after the
expiration of leases
No. 3710 s. 9.
Where any tenant for any term of life lives or
years or other person who is in or comes into
possession of any lands tenements or
hereditaments by from or under or by collusion
with such tenant wilfully holds over any lands
tenements or hereditaments after the
determination of such term and after demand
made and notice in writing given for delivering
the possession thereof by his landlord or lessor or
the person to whom the remainder or reversion of
such lands tenements or hereditaments belongs or
his agent thereunto lawfully authorized, then such
person so holding over shall for and during the
time he so holds over or keeps the person entitled
out of possession of the said lands tenements or
hereditaments as aforesaid pay to the person so
kept out of possession his executors
administrators or assigns at the rate of double the
yearly value of the lands tenements and
hereditaments so detained for so long time as the
same are detained, to be recovered by action;
against the recovering of which penalty there shall
be no relief in equity.
10. Tenants holding of the property after giving notice
In case any tenant gives notice of his intention to
quit the premises by him held at a time mentioned
in such notice and does not accordingly deliver up
the possession thereof at the time in such notice
contained, then the said tenant his executors or
administrators shall thenceforward pay to the
landlord double the rent or sum which he should
otherwise have paid; to be levied sued for and
recovered at the same time and in the same
manner as the single rent or sum which could
before the giving such notice be levied sued for
and recovered. And such double rent or sum shall
5
No. 3710 s. 10.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part I—Leases
s. 11
continue to be paid during all the time such tenant
continues in possession as aforesaid.
No. 3710 s. 11.
11. Rents recoverable from tenants for life
In case any tenant for life happen to die before or
on the day on which any rent was reserved or
made payable upon any demise or lease of any
lands tenements or hereditaments which
determined on the death of such tenant for life,
then the executors or administrators of such tenant
for life may in an action recover of and from such
under tenant of such lands tenements or
hereditaments (if such tenant for life die on the
day on which the same was made payable) the
whole or (if before such day then) a proportion of
such rent according to the time such tenant for life
lived of the last year or quarter of a year or other
time in which the said rent was growing due as
aforesaid, making all just allowances or a
proportionable part thereof respectively.
No. 6098 s. 2.
12. Distress for rent abolished
It is hereby declared that on the thirteenth day of
August One thousand nine hundred and fortyeight distress for rent was abolished.
_______________
6
Landlord and Tenant Act 1958
Act No. 6285/1958
Part II—Provisions as to Execution and Seizure by Third Party
s. 13
PART II—PROVISIONS AS TO EXECUTION AND SEIZURE
BY THIRD PARTY
13. No goods to be removed unless there has been full
payment of rent
No. 3710 s. 12.
No goods or chattels whatsoever lying or being in
or upon any messuage lands or tenements which
are leased for life or lives term of years at will or
otherwise shall be liable to be taken by virtue of
any execution on any pretence whatsoever unless
the party at whose suit the said execution is sued
out before the removal of such goods from off the
said premises by virtue of such execution pays to
the landlord of the said premises or his bailiff all
such sum or sums of money not exceeding or
amounting to more than one year's rent as are due
for rent for the said premises at the time of the
taking of such goods or chattels by virtue of such
execution.
14. Sheriff to levy the rent
In case the said arrears exceed one year's rent,
then the party at whose suit such execution is sued
out paying the said landlord or his bailiff one
year's rent may proceed to execute his judgment
as he might have done before the commencement
of this Act. And the sheriff or other officer is
hereby empowered and required to levy and pay
to the plaintiff as well the money so paid for rent
as the execution money.
15. No sheriff or other officer shall sell or carry off any
produce from the land
No sheriff or other officer shall by virtue of any
process of any court of law carry off or sell or
dispose of for the purpose of being carried off
from any lands let to farm any straw threshed or
unthreshed or any straw of crops growing chaff
7
No. 3710 s. 13.
S. 14
amended by
No. 6505 s. 2.
No. 3710 s. 14.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part II—Provisions as to Execution and Seizure by Third Party
s. 16
turnips manure compost ashes or seaweed in any
case whatsoever; nor any hay grass or grasses
whether natural or artificial nor any tares or
vetches nor any roots or vegetables being produce
of such lands, in any case where according to any
covenant or written agreement entered into and
made for the benefit of the owner or landlord of
any farm such hay grass or grasses tares or
vetches roots or vegetables ought not to be taken
off or withholden from such lands or which by the
tenor or effect of such covenants or agreements
ought to be used or expended thereon and of
which covenants or agreements such sheriff or
other officer has received a written notice before
he has proceeded to sale.
No. 3710 s. 15.
16. Tenant to give notice of existing covenants
The tenant or occupier of any lands let to farm
against whose goods any process of law issues
whereby such goods may be taken and sold shall
on having knowledge of such process give a
written notice to the sheriff or other officer
executing the same of such covenants or
agreements whereof he has knowledge and which
may relate to and regulate or are intended to
regulate the use and expenditure of the crops or
produce grown or growing thereon, and also of the
name and residence of the owner or landlord of
such land.
No. 3710 s. 16.
17. The sheriff to give notice to the owner or landlord
The sheriff or other officer shall forthwith, on
executing such process and before any sale has
been proceeded in, send a notice by the post to the
owner or landlord of such lands in all cases where
such owner or landlord is resident in any part of
Victoria and has been made known to and
ascertained by such sheriff or other officer and
also to the known agent of such owner or landlord
8
Landlord and Tenant Act 1958
Act No. 6285/1958
Part II—Provisions as to Execution and Seizure by Third Party
s. 18
in respect of such lands, stating to such owner
landlord and agent the fact of possession having
been taken of any crops or produce hereinbefore
mentioned; and such sheriff or other officer shall
in all cases of the absence or silence of such
owner or landlord or his agent postpone and delay
the sale of such crops or produce until the latest
day he lawfully can or may appoint for such sale.
18. Sheriff may dispose of produce
No. 3710 s. 17.
Such sheriff or other officer executing such
process may dispose of any crops or produce
hereinbefore mentioned to any person who agrees
in writing with such sheriff or other officer in
cases where a covenant or written agreement is
shown to use and expend the same on such lands
according to such covenant or written agreement;
and after such sale or disposal so qualified it shall
be lawful for such person to use all such necessary
barns stables buildings outhouses yards and fields
for the purpose of consuming such crops or
produce as such sheriff or other officer allots or
assigns to him for that purpose and which such
tenant or occupier would have been entitled to and
ought to have used for the like purpose on such
lands.
19. Sheriff to assign agreement to owner or landlord
Such sheriff or other officer shall, on the request
of any owner or landlord who is aggrieved by any
breach of such agreement, permit such owner or
landlord to bring any action in the name of such
sheriff or other officer for the recovery of
damages in respect of such breach; such landlord
or owner having nevertheless fully indemnified
such sheriff or other officer against all costs
whatsoever and all loss and damage before any
such action is commenced.
9
No. 3710 s. 18.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part II—Provisions as to Execution and Seizure by Third Party
s. 20
No. 3710 s. 19.
20. Sheriff to inquire as to name and residence of
landlord
Such sheriff or other officer shall before any sale
of any crops or produce of any lands let to farm is
proceeded in make by all ways and means due
inquiry within the district where such lands are
situate as to the name and residence of the owner
or landlord of such lands.
No. 3710 s. 20.
21. Sheriff not to sell any grasses growing with corn
No sheriff or other officer shall by virtue of any
process whatsoever sell or dispose of any clover
rye grass or any artificial grass or grasses
whatsoever which are newly sown and growing
under any crop of standing corn.
No. 3710 s. 21.
22. Straw and other produce which tenant may remove
The above provisions shall not extend to any
straw turnips and other articles which the tenant
may remove from the farm consistently with some
contract in writing.
No. 3710 s. 22.
23. Sheriff not liable for unwilful damages
In every case where any action is brought against
such sheriff or other officer for any breach of or
omission of compliance with the provisions
hereinbefore mentioned, no plaintiff shall be
entitled to recover any damages against such
sheriff or other officer unless it is proved on the
trial of such action that such breach or omission
was wilful on the part of the sheriff or other
officer.
No. 3710 s. 23.
24. Indemnity to sheriff and others
No such sheriff or other officer nor any deputy
agent bailiff or servant of a sheriff or other officer,
nor any person who purchases any hay straw chaff
turnips grass or grasses or other produce and
things hereinbefore mentioned under the
10
Landlord and Tenant Act 1958
Act No. 6285/1958
Part II—Provisions as to Execution and Seizure by Third Party
s. 25
provisions aforesaid nor the servant of such
person, shall be deemed or taken to be a
trespasser, by reason of his coming upon or
remaining in possession of any barns or other
buildings yards or fields for the purpose of
threshing out or consuming any straw hay turnips
or other produce hereinbefore mentioned under
the provisions aforesaid, or for doing any matter
or thing whatsoever fit and necessary to be done
for the purpose of executing the same and
carrying into effect all stipulations contained in
any agreement made under such provisions,
though such acts are done by or on behalf of such
sheriff or other officer or by such person or his
servant after the return of the process under which
such sheriff or other officer has acted.
25. Official assignee not to take any crop
Subject to any law of the Commonwealth relating
to bankruptcy no official or other assignee of any
bankrupt's or insolvent's estate, nor any assignee
under any bill of sale or any deed made or
executed by any person in trust for the benefit of
his creditors, nor any purchaser of the goods
chattels crop or stock of any person engaged or
employed in husbandry on the lands let to farm,
shall take use or dispose of any hay straw grass or
grasses turnips or other roots or any other produce
of such lands or any manure compost ashes
seaweed or other dressings intended for such lands
and being thereon in any other manner and for any
other purpose than such bankrupt debtor or other
person so employed in husbandry ought to have
taken used or disposed of the same if no order for
the sequestration of such bankrupt's estate had
been made or no such assignment had been
executed or sale made.
_______________
11
No. 3710 s. 24.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part III—Emblements: Fixtures
s. 26
PART III—EMBLEMENTS: FIXTURES
No. 3710 s. 25.
26. Lease to be held to the end of the year
Where the lease or tenancy of any farm or lands
held by a tenant at rack rent determines by the
death or cesser of the estate of any landlord
entitled for his life or for any other uncertain
interest, instead of claims to emblements the
tenant shall continue to hold and occupy such
farm or lands until the expiration of the then
current year of his tenancy; and shall then quit
upon the terms of his lease or holding in the same
manner as if such lease or tenancy were then
determined by effluxion of time or other lawful
means during the continuance of his landlord's
estate. And the succeeding landlord or owner shall
be entitled to recover and receive of the tenant in
the same manner as his predecessor or such
tenant's lessor could have done if he had been
living or had continued the landlord or lessor a
fair proportion of the rent for the period which
may have elapsed from the day of the death or
cesser of the estate of such predecessor or lessor
to the time of the tenants so quitting. And the
succeeding landlord or owner and the tenant
respectively shall as between themselves and as
against each other be entitled to all the benefits
and advantages, and be subject to the terms
conditions and restrictions to which the preceding
landlord or lessor and such tenant respectively
would have been entitled and subject in case the
lease or tenancy had determined in manner
aforesaid at the expiration of such current year.
And no notice to quit shall be necessary or
required by or from either party to determine any
such holding or occupation as aforesaid.
12
Landlord and Tenant Act 1958
Act No. 6285/1958
Part III—Emblements: Fixtures
s. 27
27. Growing crops liable to rent which may accrue
In case all or any part of the growing crops of the
tenant of any farm or lands are seized and sold by
any sheriff or other officer by virtue of any
warrant of execution, such crops so long as they
remain on the farm or lands shall be liable to the
rent which may accrue and become due to the
landlord after any such seizure and sale; and that
notwithstanding any bargain and sale or
assignment which may have been made or
executed of such growing crops by any such
sheriff or other officer.
28. Tenant may remove buildings and fixtures
(1) If any tenant of a farm or lands with the consent in
writing of the landlord for the time being at his
own cost and expense erects any farm-building
either detached or otherwise, or puts up any
building engine or machinery either for
agricultural purposes or for the purposes of trade
and agriculture (which are not erected or put up in
pursuance of some obligation in that behalf), then
all such buildings engines and machinery shall be
the property of the tenant and shall be removable
by him; notwithstanding the same consist of
separate buildings or that the same or any part
thereof are built in or permanently fixed to the
soil; so as the tenant making any such removal
does not in anywise injure the land or buildings
belonging to the landlord or otherwise puts the
same in like plight and condition or in as good
plight and condition as the same were in before
the erection of anything so removed. No tenant
shall under the provisions of this section be
entitled to remove any such matter or thing as
aforesaid without first giving to the landlord or his
agent one month's previous notice in writing of his
intention so to do; and thereupon it shall be lawful
for the landlord or his agent on his authority to
13
No. 3710 s. 26.
S. 27
amended by
No. 110/1986
s. 140(2).
No. 3710 s. 27.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part III—Emblements: Fixtures
s. 28
elect to purchase the matters and things so
proposed to be removed or any of them; and the
right to remove the same shall thereby cease, and
the same shall belong to the landlord; and the
value thereof shall be ascertained and determined
by two referees, one to be chosen by each party or
by an umpire to be named by such referees, and
shall be paid or allowed in account by the landlord
who has so elected to purchase the same.
(2) If any tenant holding lands by virtue of any lease
or agreement executed or made after the twentyfourth day of September One thousand nine
hundred and seven at his own cost and expense
erects any building either detached or otherwise or
erects or puts in any building fence engine
machinery or fixtures for any purpose whatever
(which are not erected or put in in pursuance of
some obligation in that behalf) then, unless there
is a provision to the contrary in the lease or
agreement constituting the tenancy, all such
buildings fences engines machinery or fixtures
shall be the property of the tenant and shall be
removable by him during his tenancy or during
such further period of possession by him as he
holds the premises but not afterwards;
notwithstanding the same consist of separate
buildings or that the same or any part thereof may
be built in or permanently fixed to the soil; so as
the tenant making any such removal does not in
anywise injure the land or buildings belonging to
the landlord or otherwise puts the same in like
plight and condition or in as good plight and
condition as the same were in before the erection
of anything so removed.
_______________
14
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 29
PART IV—SUMMARY PROCEEDINGS TO RECOVER
POSSESSION
No. 3710 s. 66.
29. Definitions
In this Part—
"agent" shall be taken to signify any person
usually employed by the landlord in the
letting of the premises or in the collection of
the rents thereof or specially authorized to
act in the particular matter by writing under
the hand of such landlord;
"dwelling-house" means any premises (not being
prescribed premises within the meaning of
Part V of this Act) leased for the purposes of
residence and includes—
(a) the premises of any lodging house or
boarding house; and
(b) any part of premises which is leased
separately for the purposes of
residence—
but does not include premises licensed for
the sale of spirituous or fermented liquors or
premises which though leased for the
purposes of residence have ceased to be used
for those purposes to any substantial extent;
"landlord" shall be understood as signifying the
person entitled to the immediate reversion of
the premises or if the property be held in
joint-tenancy coparcenary or tenancy in
common shall be understood as signifying
any one of the persons entitled to such
reversion;
"premises" shall be taken to signify lands houses
or other corporeal hereditaments.
15
S. 29 def. of
"dwellinghouse"
inserted by
No. 6828 s. 2.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 30
Nos 3170
s. 67, 5602
s. 2.
S. 30
amended by
Nos 8208 s. 2,
57/1989
s. 3(Sch. item
112.2(a)–(c)).
No. 3710 s. 68.
S. 31
amended by
Nos 8181
s. 2(1)(Sch.
item 101),
57/1989
s. 3(Sch. item
112.3(a)–(e)).
30. Provision for landlords where tenants desert the
premises
Where any tenant holds lands tenements or
hereditaments at a rent under any demise or
agreement either written or verbal and is in arrear
for six months' rent, if such tenant deserts the
demised premises and leaves the same
uncultivated or unoccupied and although no right
or power of re-entry is given or reserved to such
landlord in case of the non-payment of rent, then a
magistrate having no interest in the demised
premises may at the request to the court of the
landlord or his bailiff agent or receiver go upon
and view the said premises and affix or cause to
be affixed in the most conspicuous part thereof
notice in writing specifying what day (at the
distance of fourteen days at least) he or she will
return to take a second view thereof; and if upon
such second view the tenant or some person on his
behalf does not appear and pay the rent in arrear,
then the Magistrates' Court may put the landlord
into the possession of the said demised premises;
and the lease thereof to such tenant as to any
demise therein contained only shall thenceforth
become void.
31. Tenants may appeal to judge on circuit or Supreme
Court
Such proceedings of the Magistrates' Court shall
within two months be examinable in a summary
way by the Supreme Court which is hereby
empowered to order restitution to be made to such
tenant together with his expenses and costs to be
paid by the landlord, if the Court sees cause for
the same; and in case the Court affirms the act of
the Magistrates' Court, the Court may award costs
to be paid to the landlord.
16
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 32
32. Serving of notice to quit
(1) Whenever the term or interest of any tenant of any
house land or other corporeal hereditaments held
by him has ended or has been duly determined by
a legal notice to quit or otherwise, and such tenant
or (if such tenant does not actually occupy the
premises or only occupies a part thereof) any
person by whom the same or any part thereof is
then actually occupied neglects or refuses to quit
and deliver up possession of the premises or of
such part thereof respectively, the landlord of the
said premises or his agent may cause the person so
neglecting or refusing to quit and deliver up
possession to be served in the manner hereinafter
mentioned with a complaint signed by the
landlord or his agent and a summons thereon
signed by the magistrate or registrar of the
Magistrates' Court who issues it, which complaint
and summons thereon shall be in the form set out
in the Fourth Schedule to this Act, or to the like
effect. Such complaint and summons thereon shall
be served by serving a true copy thereof not less
than seven clear days before the return date of the
summons, either personally or by leaving a true
copy thereof for the defendant at his last known or
most usual place of abode or business with some
person who is apparently an inmate thereof or an
employee thereat and who is apparently over the
age of sixteen years.
17
Nos 3710
s. 69, 5264
ss 84, 85(a),
5291
s. 16(1)(2),
6098 s. 2.
S. 32(1)
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
112.4(a)),
74/2000
s. 3(Sch. 1
item 69.1).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 32
S. 32(1A)
inserted by
No. 8208
s. 3(a),
amended by
No. 57/1989
s. 3(Sch. item
112.4(b)).
(1A) Notwithstanding anything to the contrary in subsection (1) where by statement on oath or by
affidavit it is made to appear to the Magistrates'
Court that the defendant cannot be found and
neither his place of abode nor his place of
business is known to the landlord or his agent
(whoever makes the complaint) the court may
order that such complaint and summons thereon
be served by sending a true copy thereof by post
addressed to the defendant at either the last place
of abode or the last place of business of the
defendant which is known to the landlord or his
agent (as the case may be) and by fixing a true
copy thereof on some conspicuous part of the
premises.
(2) For the purposes of this section in the case of a
periodic tenancy the recurring period of which
does not exceed one month a notice to quit shall
not (unless otherwise expressly agreed by the
parties thereto) be invalid by reason only of the
fact that it expires on a day other than the day of
expiry of a recurring period; but in any such case
in respect of the last period of the tenancy the rent
payable shall where appropriate be apportionable.
S. 32(3)
amended by
No. 6828
s. 3(1).
(3) A notice to quit or demand for possession may be
given or made—
(a) subject to the following provisions of this
section, in any manner in which apart from
this Act it might be given or made; or
S. 32(3)(aa)
inserted by
No. 8208
s. 3(b).
(aa) by delivering the notice to some person
apparently over the age of sixteen years and
apparently residing in or in occupation of the
premises; or
S. 32(3)(ab)
inserted by
No. 8208
s. 3(b).
(ab) by delivering the notice to the person by
whom the rent of the premises is customarily
paid; or
18
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 32
(b) by substituted service in accordance with
rules of court made under the Magistrates'
Court Act 1989 for the purposes of this subsection.
(4) A notice to quit given by a landlord in respect of
premises, being a dwelling-house held on a
periodic tenancy the recurring period of which
does not exceed one month, shall be in writing
and shall, subject to the following provisions of
this section, be given not less than—
S. 32(3)(b)
amended by
Nos 8731
s. 173, 57/1989
s. 3(Sch. item
112.4(c)).
S. 32(4)
inserted by
No. 6828
s. 3(2),
substituted by
No. 8208
s. 3(c).
(a) where the tenant is in arrears of rent for at
least four weeks, seven days; or
(b) in a case other than a case referred to in
paragraph (a), fourteen days—
before the date specified therein for the quitting
and delivering up of the premises, but nothing in
this sub-section shall in any case operate to
authorize a shorter period of notice than would be
required apart from the provisions of this subsection.
(5) Every notice to quit given by a landlord in respect
of any premises referred to in sub-section (4) of
this section shall contain a statement requiring the
tenant if he has sublet the premises or any part of
the premises to notify the landlord in writing
within seven days after service on him of the
notice to quit of the name and address of each
person who is a sub-lessee of the premises or any
part thereof at the date of the service of the notice
to quit.
(6) Section 35 of the Magistrates' Court Act 1989
shall without limiting the generality of the
provisions thereof apply to and with respect to the
service of notices to quit for the purposes of this
Part.
19
S. 32(5)
inserted by
No. 6828
s. 3(2).
S. 32(6)
inserted by
No. 6828
s. 3(2),
amended by
Nos 8731
s. 173, 57/1989
s. 3(Sch. item
112.4(d)).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 32AA
S. 32AA
inserted by
No. 8208 s. 4.
32AA. Acceptance of rent not to waive notice to quit
Where notice to quit any premises has been given,
whether before or after the coming into operation
of this section—
(a) any demand by the lessor for payment of
rent, or of any sum of money as rent, in
respect of any period within six months after
the giving of the notice;
(b) the commencement of proceedings by the
lessor to recover rent, or any sum of money
as rent, in respect of the period mentioned in
paragraph (a); or
(c) the acceptance of rent, or of any sum of
money as rent, by the lessor in respect of any
period mentioned in paragraph (a)—
shall not of itself constitute evidence of a new
tenancy to operate as a waiver of the notice.
S. 32A
inserted by
No. 6828 s. 4,
amended by
No. 57/1989
s. 3(Sch. item
112.5).
32A. Landlord to serve sub-lessees of dwelling-houses in
certain cases
(1) The landlord of any premises being a dwellinghouse held on a periodic tenancy the recurring
period of which does not exceed one month who
has been notified by the tenant of the names and
addresses of persons who are sub-tenants of the
premises or any part thereof at the date of the
service of the notice to quit shall upon taking
proceedings for recovery of possession pursuant
to this Part serve a copy of the complaint and
summons on each of the said persons within the
time and in a manner prescribed by section 32(1)
for service of the complaint and summons.
(2) Upon the hearing of the proceedings every subtenant of the premises or any part thereof at the
date of the service of the notice to quit shall be
entitled to be heard on the question whether the
20
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 32B
court should or should not order a stay of issue of
the warrant and upon no other question.
32B. Failure to include statements in notice to quit
(1) Any landlord who fails to include in a notice to
quit any statement required by this Part to be
contained in the notice to quit or who fails to
serve upon any sub-tenant a copy of a complaint
and summons when so required by this Part shall
be guilty of offence and liable to a penalty of not
more than $100.
S. 32B
inserted by
No. 6828 s. 4.
(2) Any tenant who when so required by a statement
contained in a notice to quit served on him
pursuant to this Part fails within seven days after
the service on him of the notice to quit to notify
the landlord in writing of the name and address of
any person who is a sub-tenant of the premises or
any part thereof, shall be guilty of an offence and
liable to a penalty of not more than $100.
33. Mode of proceeding and proof before justices
Nos 3710
s. 72, 5264
s. 85(c), 5291
s. 17(a).
S. 33
amended by
No. 6828
s. 5(a).
(1) Upon the hearing of the complaint and upon proof
by admission or otherwise of the holding and of
the end or other determination of the tenancy with
the time or manner thereof and (where the title of
the landlord has accrued since the letting of the
premises) the right by which he claims the
possession and of the service of the complaint and
summons thereon as aforesaid and of the neglect
or refusal (as the case may be) of the tenant or
occupier to deliver up possession of the premises
or of any part thereof of which he is in possession
the Magistrates' Court unless such tenant or
occupier appears and shows to the satisfaction of
21
S. 33(1)
amended by
Nos 6996 s. 2,
7876 s. 2(3),
57/1989
s. 3(Sch.
item 112.6(a)
(i)–(iii)).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 33
the court reasonable cause why possession should
not be given (or, after the case has been heard and
determined, a registrar of the magistrates' court)
may issue a warrant to any member of the police
force authorizing and commanding such member
and all other members of the police force acting
for the district within a period to be named in such
warrant not more than thirty clear days from the
date thereof to enter by force and with assistance
if needful into the premises and give possession of
the same to such landlord or agent. Such warrant
may be in the form set out in the Fifth Schedule
and shall not be taken as requiring any member of
the police force to remove from the premises or
any part thereof any goods or chattels of the tenant
or occupier thereof.
S. 33(2)
inserted by
No. 6828
s. 5(b).
(2) Where the court orders a warrant to issue in
respect of premises being a dwelling-house which
had been held on a periodic tenancy the recurring
period of which did not exceed one month the
court may by its order stay the issue of the warrant
for such period, not exceeding three months, as
the court thinks fit.
S. 33(3)
inserted by
No. 6828
s. 5(b).
(3) Where the court stays the issue of the warrant as
aforesaid the court may by its order—
(a) require the person in possession of the
premises or any part of the premises to pay
to the landlord at the times and places stated
in the order during the period of the stay a
weekly sum at the same rate as the rent
payable before the determination of the
tenancy and, if it thinks fit, require the giving
of such security for that payment as the court
thinks proper; and
22
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 34
(b) impose such other conditions (if any) upon
the person in possession of the premises or
any part of the premises as the court thinks
proper.
(4) Upon proof to its satisfaction of any failure by a
person in possession to make payment or to give
security in accordance with the order of the court
or of any breach of any other condition imposed
by order of the court, the Magistrates' Court may
upon the application of the landlord or his agent
revoke the stay of the issue of the warrant either in
whole or in part and make such order as to the
issue of the warrant as it thinks fit.
34. Warrants not to be issued on certain days
S. 33(4)
inserted by
No. 6828
s. 5(b),
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
112.6(b)).
No. 3710 s. 73.
Entry upon any such warrant shall not be made on
Sunday Good Friday or Christmas Day or at any
time except between the hours of nine in the
morning and four in the afternoon.
35. Persons who have not a right to possession obtaining
warrant not to be protected from actions
No. 3710 s. 74.
Nothing herein contained shall be deemed to
protect any person on whose application and to
whom any such warrant is granted from any
action which is brought against him by any such
tenant or occupier for or in respect of such entry
and taking possession, where such person had not
at the time of the granting the same lawful right to
the possession of the said premises; and nothing
herein contained shall affect any rights to which
any person may be entitled as outgoing tenant by
the custom of the country or otherwise.
36. Wrongfully procuring a warrant
In every case in which the person to whom any
such warrant is granted had not at the time of
granting the same lawful right to the possession of
the premises, the obtaining of any such warrant as
23
No. 3710 s. 75.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 37
aforesaid shall be deemed a trespass by him
against the tenant or occupier of the premises,
although no entry is made by virtue of the
warrant.
No. 3710 s. 76.
S. 37
amended by
No. 57/1989
s. 3(Sch. item
112.7(a)(b)).
No. 3710 s. 77.
S. 38
amended by
No. 57/1989
s. 3(Sch. item
112.8(a)(b)).
37. Execution of warrant stayed on bond given to bring
action
In case any such tenant or occupier will become
bound with two sureties as hereinafter provided to
be approved of by the Magistrates' Court in such
sum as to it seems reasonable (regard being had to
the value of the premises and to the probable costs
of an action) to sue the person to whom such
warrant was granted with effect and without delay
and to pay all the costs of the proceedings in such
action in case a verdict passes for the defendant or
the plaintiff discontinues or does not prosecute his
action or becomes nonsuit therein, execution of
the said warrant shall be stayed until judgment has
been given in such action. And if upon the trial of
such action a verdict passes for the plaintiff, such
verdict and the judgment thereupon shall
supersede the warrant so granted and the plaintiff
shall be entitled to his costs in the said action.
38. The bond to whom made and actions thereon
Every such bond shall be made to the landlord or
his agent at the cost of the landlord or his agent,
and shall be approved of and signed by the
Magistrates' Court; and if the bond so taken is
forfeited, or if upon the trial of the action for
securing the trial of which such bond was given
the court by which it is tried does not indorse
upon the record in court that the condition of the
bond has been fulfilled, the party to whom the
bond has been so made may bring an action and
recover thereon; and the court where such lastmentioned action is brought may by order of the
court give such relief to the parties upon such
24
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 39
bond as may be agreeable to justice; and such
order shall have the nature and effect of a
defeasance to such bond.
No. 3710 s. 78.
39. Protection of justices
No action or prosecution shall be brought against
the magistrate or registrar by whom such warrant
aforesaid has been issued, or against any member
of the police force by whom any warrant is
executed, for issuing such warrant or executing
the same respectively, by reason that the person
on whose application the same was granted had
not lawful right to the possession of the premises.
S. 39
amended by
No. 57/1989
s. 3(Sch. item
112.9).
No. 3710 s. 79.
40. Effect of irregularity
Where the landlord at the time of applying for
such warrant as aforesaid had lawful right to the
possession of the premises or of the part thereof so
held over as aforesaid, neither the landlord nor his
agent nor any other person acting on his behalf
shall be deemed to be a trespasser by reason
merely of any irregularity or informality in the
mode of proceeding for obtaining possession
under the authority of this Part. But the party
aggrieved may if he thinks fit bring an action for
such irregularity or informality, in which the
damage alleged to be sustained thereby shall be
specially laid and may recover full satisfaction for
such special damage together with costs.
41. Costs where damages do not exceed Fifty cents
In case the special damage so laid as aforesaid is
not proved, the defendant shall be entitled to a
verdict; and if damage is proved but is assessed by
the jury at a sum not exceeding Fifty cents
($0.50), then the plaintiff shall recover no more
costs than damages unless the judge before whom
such trial had been held certifies upon the record
that in his opinion full costs ought to be allowed.
25
No. 3710 s. 80.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IV—Summary Proceedings to Recover Possession
s. 42
No. 5846
s. 6(1).
S. 42
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
112.10).
42. Death of party not to terminate proceedings etc.
Where any party to any proceedings under this
Part dies whether before or after the termination
of the proceedings his executor or administrator
after filing in the Magistrates' Court an affidavit
showing that he is such executor or administrator
may continue such proceedings or enforce any
order thereunder to the same extent and by the like
means and in the same circumstances as such
party might have done if living, and in all cases in
which it is necessary so to do there may be
substituted for the name of such party the name of
such executor or administrator as the executor or
administrator of the deceased party.
_______________
26
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IVA—Removal and Disposal of Goods Left on Vacated Premises
s. 42A
PART IVA—REMOVAL AND DISPOSAL OF GOODS LEFT
ON VACATED PREMISES
42A. Definitions
In this Part unless inconsistent with the context or
subject-matter—
Pt 4A
(Heading and
ss 42A–42F)
inserted by
No. 8208
s. 5(1).
S. 42A
inserted by
No. 8208
s. 5(1).
"goods" includes personal property of every kind;
"tenant" means a tenant who has quit the
premises.
42B. Landlord may remove and store goods
(1) Where a landlord recovers possession of any
premises because of the end or other
determination of the tenancy and goods remain on
the premises which the tenant fails or refuses to
remove, the landlord may at his own expense
remove and store the goods.
S. 42B
inserted by
No. 8208
s. 5(1).
(2) Where the tenant or any person who has resided in
or occupied the premises with the permission of
the tenant claims any of the goods after they have
been removed by the landlord pursuant to subsection (1) that tenant or person shall not be
entitled to restoration of the goods until he has
reimbursed the landlord for the cost of removal
and storage of and any other costs which the
landlord has incurred in respect of the goods
claimed by him.
42C. Sale of goods by landlord
(1) Where no claim of ownership has been established
to the reasonable satisfaction of the landlord or his
agent or where the landlord has not been
reimbursed pursuant to sub-section (2) of section
42B the landlord may, after the expiration of three
27
S. 42C
inserted by
No. 8208
s. 5(1).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IVA—Removal and Disposal of Goods Left on Vacated Premises
s. 42C
months from the date of the recovery of
possession of the premises, sell the goods left
behind on the premises (whether or not the goods
were removed and stored by the landlord)
provided that the following provisions are
complied with—
(a) not less than one month before the sale of the
goods the landlord—
(i) serves notice (which may be sent by
post or delivered) on every person
whom he knows has an interest in the
goods of his intention to sell the goods;
and
(ii) inserts in a newspaper published in
Melbourne and circulating throughout
Victoria and in the district in which the
premises are situated a notice of his
intention to sell the goods; and
(b) the sale is by public auction.
(2) A notice served or inserted pursuant to the last
preceding sub-section shall contain—
(a) a sufficient description of the goods to which
the notice relates;
(b) the name of the tenant (if known) and the
address of the premises in which the goods
had been left; and
(c) the proposed date time and place of the sale.
28
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IVA—Removal and Disposal of Goods Left on Vacated Premises
s. 42D
42D. Landlord may deduct certain costs from proceeds of
sale
(1) The landlord may deduct from the proceeds of the
sale—
(a) the cost of removal storage and preservation
of the goods; and
(b) the costs in connexion with the sale and any
sum paid by him for the insurance of the
goods prior to the sale—
S. 42D
inserted by
No. 8208
s. 5(1).
S. 42D(1)
amended by
Nos 70/1993
s. 14(Sch.
item 4(a)),
18/1994
s. 66(Sch. 2
item 13).
and any moneys remaining which have not been
paid by the landlord to the tenant or to the owner
of the goods (as the case may be) within three
months after the sale shall within fourteen days
after the expiration of that period be paid by the
landlord together with any interest thereon to the
Registrar of Unclaimed Moneys to be placed to
the credit of the Consolidated Fund.
(2) A landlord who fails to pay any moneys to the
receiver of revenue as required by this section
shall be liable to a penalty of not more than $4 for
each day that the default continues.
(3) If any claimant makes a demand against the
Treasurer for any moneys so placed to the credit
of the Consolidated Fund the Treasurer upon
being satisfied that the claimant is the owner of
the money shall direct payment of a like amount
to be made to him out of moneys made available
by Parliament for the purpose.
(4) Where any unclaimed moneys paid to a claimant
are afterwards claimed by any other person the
Treasurer shall not be responsible for the payment
thereof, but that person may have recourse against
the claimant to whom the Treasurer has paid the
unclaimed moneys.
29
S. 42D(3)
amended by
No. 70/1993
s. 14(Sch.
item 4(b)(i)(ii)).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part IVA—Removal and Disposal of Goods Left on Vacated Premises
s. 42E
S. 42E
inserted by
No. 8208
s. 5(1).
42E. Buyer of goods sold pursuant to this Part to acquire
a good title
(1) The buyer of any goods sold by the landlord in the
exercise or purported exercise of his powers under
this Part shall acquire a good title to the goods
provided he buys them in good faith and without
notice—
(a) of any defect or want of title in the tenant;
and
(b) of any failure by the landlord to comply with
any of the provisions of this Part.
(2) Upon any proceedings by or against the landlord
in respect of any goods sold pursuant to the
provisions of this Part the burden of proving that
the provisions of this Part relating to the sale of
those goods have been complied with shall be on
the landlord.
S. 42F
inserted by
No. 8208
s. 5(1).
42F. Rights of actual owner of goods
Where the tenant is not the owner of any such
goods and the goods are sold by the landlord in
the exercise or purported exercise of his powers
under this Part without notice by the landlord to
the owner the owner shall not be entitled to the
return of the goods but shall have the same rights
in respect of the remaining proceeds of the sale of
the goods after the deductions have been made
pursuant to section 42D as he would have had in
respect of the goods if the property therein had not
passed to the buyer by virtue of the provisions of
this Part.
_______________
30
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
PART V—CONTROL OF RENTS AND RECOVERY OF
POSSESSION
Division 1—Introductory
Interpretation
No. 6098
ss 2(2), 3.
43. Definitions
(1) In this Part unless inconsistent with the context or
subject-matter—
"Acts previously in force" means the Landlord
and Tenant Act 1948, the Landlord and
Tenant (Amendment) Act 1948, the
Landlord and Tenant (Servicemen) Act
1950, the Landlord and Tenant Act 1953,
the Landlord and Tenant Act 1954, and the
Landlord and Tenant (Amendment) Act
1955 as in force before the commencement
of the Landlord and Tenant (Control) Act
1957 and that Act as in force before the
commencement of this Act;
"application" means an application to a Board
under this Part;
"authorized officer" means—
(a) any person appointed by the Minister in
writing to be an authorized officer for
the purpose of this Part or the Acts
previously in force;
(b) the Director within the meaning of the
Fair Trading Act 1999; or
(c) an employee in the Department of
Justice;
31
S. 43(1) def. of
"authorized
officer"
substituted by
No. 9514
s. 154(a) (as
amended by
No. 9549
s. 2(1)(Sch.
item 198)),
amended by
Nos 46/1998
s. 7(Sch. 1),
11/2002
s. 3(Sch. 1
item 40).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
S. 43(1) def. of
"base rent"
repealed by
No. 6599
s. 2(a).
*
*
*
*
*
"base value" of any prescribed premises means
the capital value of the premises—
(a) at the thirty-first day of December One
thousand nine hundred and forty; or
(b) (if the premises were not in existence
on that date) on the date on which the
erection of the premises was
completed;
S. 43(1) def. of
"Board"
amended by
Nos 9514
s. 154(b) (as
amended by
No. 9549
s. 2(1)(Sch.
item 198)),
101/1998
s. 26(1)(a).
"Board" means Fair Rents Board under this Part;
"business premises" means prescribed premises,
not being a dwelling-house;
S. 43(1) def. of
"child"
inserted by
No. 27/2001
s. 3(Sch. 1
item 7.1).
"child" of a person includes a child of the
person's partner;
"determination" means determination of the fair
rent of any premises, or of any premises
together with goods leased therewith, made
by a Board under this Part or the Acts
previously in force or continued in force
under those Acts;
"Division" means Division of this Part;
32
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
"domestic partner" of a person means a person
to whom the person is not married but with
whom the person is living as a couple on a
genuine domestic basis (irrespective of
gender);
S. 43(1) def. of
"domestic
partner"
inserted by
No. 27/2001
s. 3(Sch. 1
item 7.1).
"dwelling-house" means any prescribed premises
(including shared accommodation) leased for
the purposes of residence, and includes—
(a) the premises of any lodging-house or
boarding-house;
(b) any part of premises which is leased
separately for the purposes of
residence—
but does not include premises licensed for
the sale of spirituous or fermented liquors or
premises which though leased for the
purposes of residence have ceased to be used
for those purposes to any substantial extent;
*
*
*
*
*
"lease" includes every contract for letting of any
prescribed premises, whether the contract is
express or implied, or is made orally, in
writing or by deed, and includes a contract
for the letting of prescribed premises
together with goods, but does not include
any tenancy at will implied at law in any
mortgage or agreement for the sale and
purchase of land or any lease arising under
an attornment clause in a mortgage or in an
agreement for the sale and purchase of land
or any lease arising under a clause in a
33
S. 43(1) def. of
"higher rent
dwelling"
amended by
No. 6505 s. 2,
repealed by
No. 6599
s. 2(a).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
mortgage or in an agreement for the sale and
purchase of land (however expressed and
whenever executed) whereby in case of
default the mortgagee or the vendor (as the
case may be) is given the powers of a lessor
with respect to recovery of possession or
ejectment;
"lessor" and "lessee" mean the parties to a lease,
or their respective successors in title, and
include—
(a) a mesne lessor and a mesne lessee;
(b) a sub-lessor and a sub-lessee; and
(c) in respect of premises which are subject
to a mortgage, a mortgagee who enters
or has entered into possession of the
premises under the mortgage and a
person who was the lessee of the
premises under the mortgagor
immediately prior to the mortgagee
entering into possession—
respectively;
S. 43(1) def. of
"ordinary
dwelling"
amended by
Nos 6599
s. 2(b),
57/1989
s. 3(Sch. item
112.11).
"ordinary dwelling" means prescribed premises,
being a dwelling-house (not being premises
in respect of which a declaration order or
direction has been made under Part VII of
the Housing Act 1983 or any corresponding
previous enactment and is in force declaring
those premises to be unfit for human
habitation or directing that they be repaired
or demolished);
S. 43(1) def. of
"partner"
inserted by
No. 27/2001
s. 3(Sch. 1
item 7.1).
"partner" of a person means the person's spouse
or domestic partner;
34
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
"prescribed" means prescribed by this Part or the
Acts previously in force or by regulations;
"prescribed premises" means any premises,
other than—
(a) premises which immediately before the
commencement of the Landlord and
Tenant (Control) Act 1957—
(i) were excepted from the
interpretation of "Prescribed
premises" under the Landlord
and Tenant Act 1948 by reason
of their being holiday premises as
therein defined or by reason of
their being used for the time being
or ordinarily used as a grazing
area, farm, orchard, market
garden, dairy farm, poultry farm,
pig farm or bee farm; or
(ii) were excluded from the operation
of that Act or of any specified
provision of that Act by virtue of a
certificate under section four of
that Act;
(b) premises which immediately before the
commencement of the Landlord and
Tenant (Control) Act 1957 were
excluded from the operation of Part III
of the Landlord and Tenant Act 1948
by virtue of a certificate under section
fifty-nine or section sixty of the Act;
(c) premises which were or are erected, or
the erection of which was or is
completed, after the first day of
February One thousand nine hundred
and fifty-four;
35
S. 43(1) def. of
"prescribed
premises"
amended by
Nos 12/1989
s. 4(1)(Sch. 2
item 67.1),
81/1989
s. 3(Sch.
item 27).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
(d) premises which were not let to a lessee
at any time between the thirty-first day
of December One thousand nine
hundred and forty and the first day of
February One thousand nine hundred
and fifty-four;
(e) premises in respect of which a lease in
writing for a term of not less than three
years was entered into before the
commencement of this Act in
accordance with section three of the
Landlord and Tenant Act 1953 (as
modified or affected by any Act) or
with section four of the Landlord and
Tenant (Amendment) Act 1955 or
with section eight of the Landlord and
Tenant (Control) Act 1957 and which
by the operation of any of those
sections ceased to be prescribed
premises under the Acts previously in
force;
(f) premises in respect of which a lease
was entered into before the
commencement of this Act in
accordance with section three of the
Landlord and Tenant (Amendment)
Act 1955 or section seven of the
Landlord and Tenant (Control) Act
1957 and which by the operation of
either of those sections ceased to be
prescribed premises under the Acts
previously in force;
(g) premises which are the property of any
municipal council or of any Authority
under the Water Act 1989 that has a
water district under that Act;
36
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
(h) premises, or the premises included in
any class of premises, which are or
were declared by the Governor in
Council by Order published in the
Government Gazette, to be excluded
from the operation of this Part or the
Acts previously in force; and
(i) premises which cease to be prescribed
premises by the operation of any of the
subsequent provisions of this
Division—
and includes any part of any premises and
any land or appurtenances leased with any
premises:
Provided that where pursuant to this Part or
the Acts previously in force any premises are
or were by Order of the Governor in Council
declared to be premises to which this Part or
the said Acts apply or applied or to be
"special premises" and that Order is for the
time being in force the premises to which the
Order relates shall be prescribed premises
notwithstanding that those premises were
previously excepted from the interpretation
of "Prescribed premises";
"rates" includes any rates or charges made or
levied by any local authority or other local
governing body, including any municipal or
city council and water or sewerage authority;
"regulations" means regulations made under this
Part or the Acts previously in force;
"rent" means the actual rent payable under a
lease, and includes—
(a) the value to the lessor of any covenants,
conditions or other provisions of, or
relating to, the lease to be performed by
37
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
the lessee, other than covenants,
conditions and provisions usually
entered into by a lessee; and
(b) any rates or taxes payable by a lessee in
respect of any premises, other than
excess water rates—
and where, in any lease—
it is provided that a reduced amount, as rent,
shall be accepted by the lessor upon any
condition to be performed by the lessee, that
reduced amount shall be deemed to be the
rent payable under the lease;
any rebate, discount, allowance or other
reduction is provided for, the amount
payable after each such reduction is made
shall be deemed to be the rent payable under
the lease;
"shared accommodation" means any prescribed
premises leased for the purpose of residence
and forming part of other prescribed
premises, but does not include any
prescribed premises forming a complete
residence in themselves or any premises
which form such a complete residence
except that the laundry facilities available to
the tenant are shared by him with other
persons;
S. 43(1) def. of
"spouse"
inserted by
No. 27/2001
s. 3(Sch. 1
item 7.1).
"spouse" of a person means a person to whom the
person is married;
"tax" includes any tax, whether on land or on
income derived from land, imposed by any
law of the Commonwealth or of the State;
38
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
"Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
Tribunal Act 1998.
S. 43(1) def. of
"Tribunal"
inserted by
No. 101/1998
s. 26(1)(b).
(2) For the purposes of this Part "lessee" includes a
person who remains in possession of premises
after the termination of his lease of the premises,
and "lessor" has a corresponding meaning.
(2A) Where a person continues in possession of any
premises pursuant to section one hundred and six
of this Act that person shall for the purposes of
Division two of this Part be deemed to be the
lessee of the premises.
(3) Where the lessor of prescribed premises supplies
or provides any service in connexion with the
premises and a separate charge is made for those
services, the amount charged shall for the
purposes of this Part be deemed to form part of
the rent payable under the lease.
(4) For the purposes of paragraph (d) of the
interpretation of "Prescribed premises" any
premises, being a dwelling-house, which were at
any time during the period referred to in the said
paragraph—
(a) let to a lessee by reason only that the lessor
or, where there was more than one lessor,
one of the lessors was on or about to go on
war service; or
(b) let to a lessee pursuant to a certificate issued
under section fifty-nine of the Landlord and
Tenant Act 1948—
shall be deemed not to have been let to a lessee. In
this sub-section "war service" means service as a
member of the Naval Military or Air Forces of the
Commonwealth of Australia during any war,
hostilities or assignment in which the
39
S. 43(2A)
inserted by
No. 6828 s. 6.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 43
Commonwealth or any unit or detachment or
member of the said Forces with the sanction of the
Commonwealth was engaged at any time during
the relevant period.
S. 43(5)
repealed by
No. 6599
s. 2(c).
*
*
*
*
*
(6) Any premises which are excluded from the
interpretation of "Prescribed premises" by virtue
of any of the paragraphs of that interpretation
shall not again become or be prescribed premises
except by Order of the Governor in Council made
under section forty-four or section forty-five of
this Act.
S. 43(7)
inserted by
No. 27/2001
s. 3(Sch. 1
item 7.2).
(7) For the purposes of the definition of "domestic
partner" in sub-section (1), in determining
whether persons are domestic partners of each
other, all the circumstances of their relationship
are to be taken into account, including any one or
more of the matters referred to in section 275(2)
of the Property Law Act 1958 as may be relevant
in a particular case.
S. 43A
inserted by
No. 9514
s. 153(1) (as
amended by
No. 9549
s. 2(1)(Sch.
item 197)),
repealed by
No. 9786
s. 2(2).
*
*
*
*
*
Ss 43B–43F
inserted by
No. 9514
s. 153(1),
repealed by
No. 9786
s. 2(2).
*
*
*
*
*
40
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 44
Application of Act
No. 6098 s. 4.
44. Declarations as to application of Act
*
*
*
*
*
S. 44(1)
amended by
No. 6828
s. 7(1),
repealed by
No. 9514
s. 153(2).
(2) The Governor in Council may, by Order published
in the Government Gazette, declare that any
premises, or the premises included in any class of
premises, shall be excluded from the operation of
this Part or of such of the provisions of this Part as
are specified in the Order, and thereupon those
premises, or premises of that class, shall be
excluded accordingly.
*
*
*
*
*
45. Declaration of special premises
(1) Where the Governor in Council by Order
published in the Government Gazette declares any
particular premises specified in the Order to be
"special premises" for the purposes of this Part,
then any contract agreement or arrangement by
whatever name called, whether oral or in writing
and whether made before or after the publication
of the said Order, whereby for valuable
consideration any person is licensed authorized or
permitted to occupy or use those premises or any
part of those premises for any purpose, whether
exclusively or not and whether as a boarder or
lodger or otherwise and whether or not any
services are provided for or supplied to that
person in relation to such occupation or use, shall
be deemed from the publication of the said Order
41
S. 44(3)
repealed by
No. 9514
s. 153(2).
No. 6098 s. 5.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 45
or from the making of the said contract agreement
or arrangement (whichever last happens) to be a
lease or sub-lease (as the case requires) of the
premises or the part thereof as aforesaid and the
premises and every such part shall be prescribed
premises and the consideration payable (including
any consideration payable for any service
provided or supplied as aforesaid) shall be deemed
to be rent, and the provisions of this Part (other
than sections eighty-three and ninety-six) shall, so
far as applicable, apply accordingly subject to the
modifications that—
(a) sub-section (3) of section eighty-two shall be
read and construed as if for the words "for a
period determined in accordance with the
next succeeding section" there were
substituted the words "for a period of not less
than seven days"; and
(b) sub-section (6) of section eighty-two shall be
read and construed as if for paragraph (d)
thereof there were substituted the following
paragraph—
"(d)
(i) that the conduct of the lessee is a
nuisance or annoyance to any
other occupant or occupants of the
premises or of the building in
which the premises are situated or
tends to bring the premises or
building as aforesaid into
disrepute; or
(ii) that the premises are reasonably
required by the lessor for
occupation by himself or by his
son, daughter, father, mother,
brother or sister, or by some
person who ordinarily resides with
42
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 45A
and is wholly or partly dependent
upon him".
(2) The Governor in Council may from time to time
make and in like manner revoke amend or vary
Orders for the purposes of the last preceding subsection, and any Order so amended or varied shall
thereafter apply accordingly.
(3) An Order may be made and shall have full force
and effect under sub-section (1) of this section in
respect of the specified premises to which it
relates, notwithstanding that those premises have
always been or prior to the making of the Order
(and whether before or after the commencement
of this Part) had become by or pursuant to the
operation of some other provision of this Part or
the Acts previously in force excluded from the
operation of Divisions two, three and four of this
Part or the corresponding provisions of the said
Acts.
45A. Lessor to be given opportunity to be heard
(1) Before the Governor in Council makes an Order
under sub-section (1) of section 44 or sub-section
(1) of section 45 the lessor or his agent shall be
served with notice in writing by the Secretary to
the Department of Justice that consideration is
being given as to whether an Order is to be made
under either of those sub-sections and that before
a date specified in the notice he may place in
writing before the Minister any matters that he
wishes to be taken into consideration.
(2) On the service of the notice (which service may be
made personally or by post) referred to in subsection (1) any notice to quit given in respect of
those premises shall, notwithstanding anything to
the contrary in this Act, be suspended as from the
43
S. 45A
inserted by
No. 8208 s. 6.
S. 45A(1)
amended by
No. 46/1998
s. 7(Sch. 1).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 46
day of the service of the notice referred to in subsection (1) for one month, and the period of that
suspension shall not be taken into account in
determining the period of time for the quitting of
the premises.
(3) Notwithstanding anything to the contrary in this
Act a notice to quit given in respect of those
premises within one month after the service of the
notice referred to in sub-section (1) shall be
invalid and have no force or effect.
No. 6098 s. 6.
46. Certain contracts deemed to be leases
(1) For the purposes of this Part any contract
agreement or arrangement by whatever name
called, whether oral or in writing and whether
made before or after the commencement of this
Part, whereby for valuable consideration any
person is or was licensed authorized or permitted
to occupy and use prescribed premises for the
purpose of residence (otherwise than as a tenant at
will implied at law in any mortgage or agreement
for the sale and purchase of land or as a bona fide
lodger or boarder or in pursuance of or in
connexion with a contract of employment) shall
be deemed from the first day of February One
thousand nine hundred and fifty-four or from the
making thereof (whichever last happened or
happens) to be and to have been a lease or sublease (as the case requires) of the premises and the
consideration payable shall be deemed to be and
to have been rent.
(2) For the purposes of this Part any contract
agreement or arrangement by whatever name
called, whether oral or in writing and whether
made before or after the commencement of this
Part, whereby for valuable consideration any
person is or was licensed authorized or permitted
to occupy and use prescribed premises for the
44
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 47
purpose of or in connexion with any trade industry
business profession or calling carried on by him
shall, if in fact the premises are not or were not
bone fide concurrently occupied or used by any
other person, be deemed from the first day of
February One thousand nine hundred and fiftyfour or from the making thereof (whichever last
happened or happens) to be a lease or sub-lease
(as the case requires) of the premises and the
consideration payable shall be deemed to be and
to have been rent.
47. New leases not to be subject to this Part
No. 6098 s. 7.
(1) Except as provided in sub-sections (2) and (3) of
this section where a lease (whether or not in
writing) is entered into in respect of any
prescribed premises the provisions of Divisions
two, three and four of this Part (other than
sections one hundred and one and one hundred
and seventeen of this Act) shall not apply with
respect to that lease of the premises, and when the
lessee goes into occupation of the premises under
that lease the premises shall cease to be prescribed
premises and to be subject to the provisions of the
said Divisions of this Part.
(2) The provisions of the last preceding sub-section
shall not apply—
(a) in respect of any lease entered into with a
lessee who immediately before entering into
the lease is the lessee of the premises or is
deemed such a lessee by force of any
provision of this Part or is in occupation of
the premises by force of section one hundred
and six of this Act; or
(b) in respect of any sub-lease which becomes a
lease by force of any provision of this Part.
45
S. 47(2)(b)
amended by
No. 8208
s. 7(a).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 48
S. 47(2)(c)
repealed by
No. 8208
s. 7(b).
*
*
*
*
*
(3) Nothing in sub-section (1) of this section shall
affect in any way the rights under this Part of any
lessee or sub-lessee who has not entered into such
a lease as is referred to in that sub-section.
No. 6098 s. 8.
48. Leases in writing for three years or more not to be
subject to this Part
(1) Where a lease in writing for a term of not less than
three years is entered into in respect of any
prescribed premises—
(a) the provisions of Divisions two, three and
four of this Part (other than sections one
hundred and one and one hundred and
seventeen of this Act) shall not apply with
respect to that lease of the premises; and
(b) except as hereinafter provided on the
commencement in occupation of the term
granted by the lease the premises shall cease
to be prescribed premises and to be subject
to the provisions of the said Divisions of this
Part.
(2) The fact that the term of a lease in writing for
three years or more is expressed to commence
prior to the date of execution of the lease shall not
preclude the operation of the last preceding subsection or be deemed to have precluded the
operation of the corresponding previous provision
in respect of that lease if in fact the lessee is or
was in occupation of the premises from the
commencement of the term subject to the
covenants and conditions later expressed in the
lease and the lease is or was executed within three
months after the commencement of the term.
46
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 48A
(3) Nothing in sub-section (1) of this section shall be
deemed to authorize any lessor to require any
lessee in occupation of premises to enter into such
a written lease as is referred to in that sub-section.
(4) Nothing in sub-section (1) of this section shall
affect in any way the rights under this Part of any
lessee or sub-lessee who has not entered into such
a lease as is referred to in that sub-section.
48A. Decontrol of premises comprising of business and
private dwelling
S. 48A
inserted by
No. 8208 s. 8.
Notwithstanding anything in this Part prescribed
premises constructed so that a portion consists of
business premises and the other portion a
dwelling-house shall, on such day (being a day not
earlier than one year from the day on which this
section comes into operation) as the Governor in
Council by Order published in the Government
Gazette may determine, cease to be prescribed
premises provided that—
(a) the premises are let for use and used as
constructed both as business premises and as
a dwelling-house; and
(b) the premises are not prescribed premises by
virtue of an Order under sub-section (1) of
section 44 or sub-section (1) of section 45 or
either of the corresponding previous
enactments.
49. Application of Divisions 2, 3 and 4 to any premises
The provisions of Divisions two, three and four of
this Part shall not apply to any premises (not being
a dwelling-house) unless an Order in respect of
those particular premises is made pursuant to subsection (1) of section forty-four of this Act.
47
S. 49
substituted by
No. 6575
s. 2(1).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 50
No. 6098 s. 10.
50. Crown not bound
This Part shall not bind—
(a) the Crown in right of the Commonwealth or
of the State; or
S. 50(b)
amended by
No. 57/1989
s. 3(Sch. item
112.12).
(b) the Director of Housing.
Division 2—Rent Control
Subdivision 1—Administration
No. 6098 s. 11.
51. Constitution of Fair Rents Boards
S. 51
substituted by
No. 6623
s. 2(1).
(1) For the purposes of this Part—
S. 51(1)(b)
amended by
Nos 9019
s. 2(1)(Sch.
item 115),
57/1989
s. 3(Sch. item
112.13).
(a) the Governor in Council may by Order
published in the Government Gazette
constitute a Fair Rents Board or Fair Rents
Boards at such place or places within the
metropolitan area as he thinks fit; and
(b) a Fair Rents Board shall by this Act be
constituted at every place outside the said
area that is a venue of the Magistrates' Court.
(2) Each Board constituted at any place within the
metropolitan area shall have jurisdiction in respect
of premises in any part of that area.
(3) Each Board constituted at any place outside the
said area shall have jurisdiction in respect of
premises in any part of Victoria other than the said
area: Provided that where proceedings in respect
of any premises are brought before any such
Board the Board may, and if any party to the
proceedings so requires shall, refuse to deal with
48
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 51
such proceedings if it is satisfied that the place at
which another such Board is constituted is nearer
or more convenient of access to the premises in
question.
(4) The Governor in Council may by Order published
in the Government Gazette abolish any Fair Rents
Board (whether constituted by this Act or by
Order) and by the same or any subsequent Order
make provision for the transfer of pending
proceedings before that Board to some other
Board and proceedings so transferred may be
heard and determined by that other Board.
(5) Each Board shall consist of a magistrate sitting
alone.
S. 51(5)
amended by
No. 16/1986
s. 30.
(6) The Governor in Council may by Order published
in the Government Gazette make rules relating to
proceedings before Boards for the purposes of this
Part.
*
*
*
*
*
(8) In this section "metropolitan area" means the
area defined as such by Order of the Governor in
Council, as in force immediately before the
commencement of the Landlord and Tenant
(Further Amendment) Act 1960, under the
provisions of section fifty-one of this Act as then
in force, or the area so defined as amended or
varied from time to time by any Order made under
this section.
(9) The Governor in Council may from time to time
by Order published in the Government Gazette
amend or vary any Order defining the
metropolitan area or constituting any Board or
Boards thereunder or any Order making rules
relating to proceedings before Boards, and any
49
S. 51(7)
repealed by
No. 8208 s. 9.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 51A
Order so amended or varied shall thereafter apply
accordingly.
S. 51A
inserted by
No. 9514
s. 154(c).
51A. Victorian Civil and Administrative Tribunal
S. 51A(1)
substituted by
No. 101/1998
s. 26(2).
(1) A function or power of a Board under this
Division may be performed or exercised by the
Tribunal.
S. 51A(2)
amended by
Nos 109/1997
s. 533(Sch. 2
item 6.1),
101/1998
s. 26(3).
(2) Except in so far as they are inconsistent with
provisions of this Part, the provisions of Part 11 of
the Residential Tenancies Act 1997 apply to the
Tribunal in the performance of functions or
exercise of powers under this Act.
No. 6098 s. 12.
52. Delegation of powers and functions
(1) The Minister or an authorized officer may by
writing under his hand delegate all or any of his
powers or functions under this Part or under any
Order made under this Part or under the Acts
previously in force (except this power of
delegation) so that the delegated powers and
functions may be exercised by the delegate.
(2) Any delegation by the Minister or an authorized
officer under this section or under the
corresponding provision in the Acts previously in
force shall be revocable in writing at will and no
such delegation shall prevent the exercise of any
power or function by the Minister or an authorized
officer.
No. 6098 s. 13.
53. Powers of Minister, authorized officers and Boards
The Minister or any authorized officer and (within
the area of its jurisdiction) each Board shall have
and may exercise such powers and functions as
are conferred upon him or it by this Part.
50
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 55
*
*
*
*
*
S. 54
repealed by
No. 9514
s. 154(d).
No. 6098 s. 15.
55. Indemnity
No matter or thing done by the Minister or any
Board or by any officer or inspector or any other
person whomsoever acting under the authority or
instruction of the Minister or of any Board or of
this Part shall if the matter or thing was done bona
fide for the purposes of executing this Part subject
any of them personally to any action, liability,
claim or demand whatsoever.
S. 55
amended by
No. 6505 s. 2.
Subdivision 2—Fair Rents
Statement of Fair Rents
56. Fair rents of premises to continue
No. 6098 s. 16.
(1) The fair rent of any prescribed premises or of any
prescribed premises together with goods leased
therewith in force immediately before the
commencement of this Act under the Acts
previously in force shall under this Part continue
to be the fair rent of the prescribed premises or of
the prescribed premises together with goods (as
the case requires) until altered in accordance with
this Part, and notwithstanding any term or
covenant in any lease in force after the said
commencement the rent payable in respect of the
prescribed premises shall not exceed the fair rent
of the premises under this Part.
(2) Where after the commencement of this Act—
(a) the application of this Part is declared by
Order of the Governor in Council pursuant to
sub-section (1) of section forty-four of this
Act to extend to any particular premises; or
51
S. 56(2)
amended by
No. 6828
s. 7(2).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 56
(b) any particular premises are declared by
Order of the Governor in Council pursuant to
sub-section (1) of section forty-five of this
Act to be special premises for the purposes
of this Act—
then the rent or other consideration payable under
the lease licence contract agreement or
arrangement for occupation in force immediately
before the publication of the Order or (where no
such lease licence contract agreement or
arrangement was in force at that time) under the
lease licence contract agreement or arrangement
last in force before that time in respect of the
specified premises or, in the case of special
premises, in respect of the occupation or use of
the specified premises or a part thereof, including
any consideration payable for any services
provided or supplied, shall under this Part be the
fair rent of the premises or of that part of the
premises (as the case requires) until altered in
accordance with this Part, and notwithstanding
any term or covenant in any lease contract
agreement or arrangement the rent payable shall
not exceed the fair rent of the premises under this
Part.
(3) The fair rent of any prescribed premises shall not
be altered except—
(a) by a determination of the appropriate Board
as hereinafter provided;
(b) by an agreement in writing signed by the
lessor and the lessee pursuant to and in
accordance with one of the following
provisions of this Division; or
(c) by service by the lessor on the lessee of a
notice in writing requiring pursuant to and in
accordance with one of the following
52
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 57
provisions of this Division an increase in the
rent of the premises.
Determination of Fair Rents by Board
57. Applications for fixing of fair rents
No. 6098 s. 17.
The lessor of any prescribed premises or a lessee
thereof who has paid or has offered (either to the
lessor personally or to the person to whom the rent
is ordinarily paid) the money payable for all rent
due and payable under the lease up to a date not
earlier than twenty-eight days before the date of
the application may apply in writing to the
appropriate Board to have the fair rent of the
premises determined by the Board.
No. 6098 s. 18.
58. Notice of application
(1) The applicant shall give at least seven days notice
in writing of the time date and place of the hearing
of the application to the lessor or lessee (as the
case may be) of the prescribed premises.
(2) Where an application is made by a mesne lessor or
mesne lessee or by a sub-lessor or sub-lessee the
lessor shall give at least seven days notice in
writing of the time date and place of the hearing
of the application to his superior lessor and such
superior lessor shall be entitled to be a party to the
application.
(3) Where a superior lessor to whom notice is given
under the last preceding sub-section or under this
sub-section is himself a lessee mesne lessee or
sub-lessee the lessor shall give at least seven days
notice in writing of the time date and place of the
hearing of the application to his superior lessor
and such superior lessor shall be entitled to be a
party to the application.
53
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 59
(4) Where any prescribed premises in respect of
which an application is made are the subject of a
mortgage the lessor shall give at least seven days
notice in writing of the time date and place of the
hearing of the application to the mortgagee, who
shall be entitled to be a party to the application.
No. 6098 s. 19.
59. Determination of application
(1) Where an application has been made for the
determination of the fair rent of any prescribed
premises a Board may after making such inquiries
and obtaining such valuations and reports (if any)
as it considers necessary and after considering any
representations made by any person whose rights
may be affected by the determination, determine
the fair rent of the prescribed premises or refrain
from making a determination.
(2) A Board shall not be bound by legal forms or
solemnities or by any rules of evidence but may
inform itself in such manner as it thinks fit.
S. 59(3)
amended by
No. 35/1996
s. 453(Sch. 1
item 45).
(3) Any person who is a party to any proceedings
before a Board may with the approval of the
Board be represented by legal practitioner or agent
who may examine witnesses and address the
Board on that person's behalf.
(4) (a) Except as provided in this sub-section every
determination of a Board shall be final and
without appeal.
(b) There shall be an appeal, but only as to
questions of law, to the Supreme Court from
any determination of a Board.
No. 6098 s. 20.
S. 60(1)
amended by
No. 6623 s. 3,
substituted by
No. 8208
s. 10(a).
60. Date of operation of determination
(1) A determination of the fair rent of prescribed
premises made by the Board shall come or be
deemed to have come into force on a date fixed by
the Board, but the date so fixed shall not be earlier
54
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 61
than the date on which the application in relation
to that determination was received by the Board.
(2) After making any determination the Board shall
give notice in writing thereof and of the date fixed
as the date on which the determination shall come
or be deemed to have come into force to the lessor
and lessee and the lessor shall give similar notice
to any other persons to whom notices are required
to be given by any party under this Division.
61. Board may determine fair rent
(1) A Board may of its own motion after inquiry
determine the fair rent of any prescribed premises
notwithstanding the existence of any agreement
with respect to the fair rent entered into pursuant
to any provision of this Division.
(2) The Board shall give to the lessor and lessee of
the prescribed premises notice of its intention to
determine the fair rent of the premises, and the
notice so given to the lessor shall for the purposes
of this Division be deemed to be an application by
the lessor.
(3) In determining the fair rent of premises under this
section the Board shall have the same powers as it
has in connexion with an application, and any
determination so made by the Board shall have the
same effect for all purposes as a determination
made upon an application.
(4) Without limiting or affecting the powers of a
Board under the foregoing provisions of this
section, where application is made to a Board for
the determination of the fair rent of any premises
in any of the circumstances referred to in section
sixty-five of this Act the Board may of its own
motion after serving notice of its intention so to do
upon the sub-lessees concerned proceed to
determine the fair rents under all or any of the
55
No. 6098 s. 21.
S. 61(1)
amended by
No. 6599 s. 3.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 62
sub-leases of any part or parts of the premises as
well as determining the fair rent in respect of
which the application is made.
No. 6098 s. 22.
S. 62
amended by
No. 8208
s. 11(a).
62. Inspection and valuation of prescribed premises
(1) A Board if it thinks fit may cause any prescribed
premises to be inspected in connexion with the
determination of the fair rent of the premises and
may cause any valuation of or report upon any
such premises to be made and may take any such
valuation or report into consideration.
S. 62(2)
inserted by
No. 8208
s. 11(b).
(2) The Board shall permit any party to the
proceedings in respect of which a valuation or
report is made pursuant to sub-section (1) to
examine the valuation or the report.
S. 62(3)
inserted by
No. 8208
s. 11(b).
(3) In connexion with the determination of the fair
rent of any prescribed premises the Board on its
own motion may, and if requested by any party to
the proceedings shall, refer the question of the
valuation of the premises to the Valuer-General,
and the valuation of the Valuer-General shall be
binding on the Board as the valuation of the
premises in relation to all matters concerning the
said determination of the fair rent of the premises.
No. 6098 s. 23.
63. Costs not to be allowed
No costs shall be allowed in any proceedings
before a Board.
No. 6098 s. 24.
64. Matters to be considered in determining fair rent
(1) In determining the fair rent of any premises each
Board shall have regard to—
(a) the appropriate capital value of the premises
as hereinafter defined;
(b) the annual rates insurance premiums land tax
and real estate agent's commission paid in
respect of the premises;
56
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 64
(c) the estimated annual cost of repairs,
maintenance and renewals of the premises
and fixtures thereon;
(d) the estimated amount of annual depreciation
in the value of the premises;
(e) the rents of comparable premises in the
locality of the premises the subject of the
application;
(f) the rate of interest charged upon overdrafts
by the Commonwealth Trading Bank of
Australia;
(g) any services provided by the lessor or lessee
in connexion with the lease;
(h) any obligation on the part of the lessee to
effect any improvements, alterations or
repairs to the premises at his own expense;
(i) the justice and merits of the case and the
circumstances and conduct of the parties;
and
(j) any hardship which would be caused to the
lessor or lessee or any other person by the
making of a determination increasing or
reducing the fair rent of the premises,
including (but without limiting the generality
of the word "hardship") any loss which
might be imposed upon the lessor by a
determination fixing the fair rent of the
premises at an amount less than the lessor's
liability under a mortgage of, or contract of
sale in respect of, the premises, or under a
hire-purchase agreement or contract of sale
in respect of any goods leased with the
premises.
57
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 64
(2) In paragraph (a) of the last preceding sub-section
"appropriate capital value" means—
S. 64(2)(a)
amended by
No. 6599
s. 4(a).
S. 64(2)(b)
repealed by
No. 6599
s. 4(b).
S. 64(2)(c)
substituted by
No. 6575
s. 2(2).
(a) in respect of any prescribed premises, being
an ordinary dwelling—the capital value of
the premises at the date of the application for
determination of the fair rent;
*
*
*
*
*
(c) in respect of any prescribed premises, being
business premises—the capital value of the
premises at the date of the application for
determination of the fair rent;
(d) in respect of any other prescribed premises—
a capital value being the base value of the
premises.
S. 64(3)
repealed by
No. 6599
s. 4(c),
new s. 64(3)
inserted by
No. 8208
s. 15(2).
(3) In paragraph (e) of sub-section (1) "comparable
premises", in respect of premises which are the
subject of an application, means premises which
are comparable if the premises the subject of the
application were not prescribed premises.
S. 64(4)
inserted by
No. 8208
s. 15(2),
amended by
No. 9514
s. 154(e).
(4) In determining whether financial hardship would
be caused to the lessee by increasing the fair rent
of any premises the Board may take into account
the total earnings, income assets and liabilities of
the lessee and the members of the family of the
lessee ordinarily residing at the premises.
S. 64(5)
inserted by
No. 8208
s. 15(2).
(5) For the purposes of making the determination
referred to in sub-section (3) the provisions of
sub-sections (2), (3), (4) and (6) of section 107A
shall with such modifications as are necessary
extend and apply to this section, and, without
affecting the generality of the foregoing, in
particular with the modification that a reference
58
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 67
relating to the suffering of financial hardship if the
premises cease to be prescribed premises shall be
construed as a reference relating to the suffering
of financial hardship if the fair rent of the
premises is increased.
*
*
*
*
*
S. 65
repealed by
No. 6599 s. 5.
*
*
*
*
*
S. 66
repealed by
No. 6599 s. 6.
Fixing Fair Rents by Notice
67. Power to lessor to require money for repairs
(1) Where pursuant to any Act or to any regulation or
by-law under any Act the lessor of any prescribed
premises is required by any statutory authority to
carry out any repairs improvements or additions to
those premises and the required repairs
improvements or additions are completed to the
satisfaction of the said authority, then, if the
existing fair rent of the premises was fixed prior to
carrying them out, the lessor may, subject to the
express provisions of any written lease of the
premises for a fixed term which has not expired,
by notice in writing served on the lessee require
that after the expiration of one month from the
service of the notice the rent payable in respect of
the premises shall be increased to such an amount
as is specified in the notice, not exceeding the sum
of—
(a) the fair rent lawfully payable at the date of
service of the notice; and
(b) an addition calculated at the rate of Eight per
centum per annum upon the amount
expended by the lessor in carrying out the
said repairs improvements or additions
59
No. 6098 s. 27.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 67
(including the value of any work done for
that purpose by the lessor himself or by any
person on his behalf without
remuneration)—
and subject to the following provisions of this
section the amount so specified shall from the
expiration of the said period of one month be the
fair rent of the premises for all the purposes of this
Part.
(2) Every such notice shall be accompanied by a copy
of the completion certificate hereinafter referred
to and copies of the receipts for the relevant
expenditure (including, where applicable, an
account of the value of any work done by the
lessor or by any person on his behalf without
remuneration) and a statement of the place at
which and the reasonable days and hours during
which the originals thereof will be open to
inspection on demand.
(3) If within the said period of one month a
reasonable demand is made either verbally or by
writing to the lessor by or on behalf of the lessee
for production of the said certificate and receipts
for inspection at the place and within the times
stated in the notice and the said certificate and
receipts are not duly produced for inspection, the
provisions of sub-section (1) of this section shall
not apply in respect of the notice given as
aforesaid.
(4) For the purposes of this section—
(a) "statutory authority" includes—
(i) any Minister or other officer of the
Crown;
S. 67(4)(a)(ii)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 67.2).
(ii) any municipal council; and
60
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 67
(iii) any body corporate established by or
under any Act for any public purpose;
(b) "completion certificate" means a certificate
purporting to be signed by—
(i) the Minister or officer in question;
(ii) a person on behalf of the municipal
council in question; or
(iii) a member or officer of the body
corporate in question—
certifying that the required repairs
improvements or additions have been
completed to the satisfaction of the statutory
authority; and
(c) such a completion certificate shall be prima
facie evidence of the matters contained
therein.
(5) Any lessee who is aggrieved by any notice served
pursuant to this section may within fourteen days
after service of the notice appeal therefrom to the
appropriate Board by writing in the prescribed
form served on the lessor and the Board.
(6) Such an appeal shall not stay the operation of the
notice.
(7) On the hearing of the appeal the Board may—
(a) determine the appeal and confirm or quash
the notice or fix the amount of the rent which
may be required to be paid pursuant to this
section and for that purpose may disallow
any amount of expenditure which it deems
excessive and may determine the value of
61
S. 67(4)(b)(ii)
substituted by
No. 12/1989
s. 4(1)(Sch. 2
item 67.3),
amended by
No. 74/2000
s. 3(Sch. 1
item 69.2).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 67
any work done by the lessor or by any other
person on his behalf without remuneration;
or
(b) if it considers it more equitable or convenient
to do so, treat the appeal as an application for
the determination of the fair rent of the
premises and proceed to determine the fair
rent accordingly without regard to the
provisions of this section.
(8) Where the Board quashes the notice or fixes the
amount of the rent which may be required to be
paid pursuant to this section at an amount lower
than that stated in the notice, any amount which
has been paid in the meantime in excess of the
rent so fixed shall be regarded as rent paid in
excess of the fair rent and may be recovered
pursuant to section seventy-two of this Act.
(9) Any person who knowingly serves with any notice
given pursuant to this section any copy of any
certificate or receipt which is false or misleading
in any material particular or who forges any
certificate or receipt or utters any forged
certificate or receipt shall, without prejudice to
proceedings for any other offence for which he
may be liable, be guilty of an offence against this
Part and liable to punishment accordingly.
S. 67A
inserted by
No. 9514
s. 155,
repealed by
No. 9786
s. 2(2).
*
*
*
62
*
*
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 68
Fixing Fair Rents by Agreement
68. Fixing fair rent by agreement
(1) Where an agreement in writing in the prescribed
form is entered into by the lessor and the lessee of
any prescribed premises, being an ordinary
dwelling or business premises, the amount
specified in that behalf in the agreement shall be
for all purposes the fair rent of the premises as
from the day specified in that behalf therein (not
being earlier than the day on which the agreement
is entered into) and no further proceedings for the
determination of the fair rent of those premises by
a Board except on the ground referred to in
paragraph (b) or paragraph (c) of sub-section (1)
of section seventy-three of this Act shall be
commenced by either of the parties to the
agreement during the period specified in that
behalf in the agreement or, if no such period is
specified, during the period of six months next
after the day from which the fair rent is altered by
the agreement.
No. 6098 s. 28.
S. 68
amended by
No. 6599
s. 7(a)(b).
(2) Where an agreement is entered into pursuant to
the last preceding sub-section the lessor shall
within one month after the day on which it is
entered into lodge with or send by registered post
to the appropriate Board an executed copy of the
agreement.
S. 68(2)
inserted by
No. 6599
s. 7(c),
amended by
No. 9514
s. 154(f).
(3) Any lessor who fails to comply with the last
preceding sub-section shall be guilty of an offence
against this Part but any such failure shall not
invalidate or affect the agreement.
S. 68(3)
inserted by
No. 6599
s. 7(c).
(4) A copy of any agreement received by the Board
pursuant to this section shall in any later
proceedings under this Part be admissible as
evidence of the making and content of the
agreement.
S. 68(4)
inserted by
No. 6599
s. 7(c).
63
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 69
No. 6098 s. 29.
69. Fixing fair rent of premises following alterations
Where substantial alterations or additions are
made—
(a) to any prescribed premises other than those
referred to in the last preceding section; or
(b) (if the lease provides for the use of any
goods in connexion with the letting of the
premises) to the goods—
then, if the existing fair rent of the premises was
fixed prior to the making of those alterations or
additions, the lessor and the lessee may make an
agreement in writing with respect to the rent of the
premises, and where such an agreement is made
the amount specified in that behalf in the
agreement shall for all purposes be the fair rent of
the premises as from the date specified in that
behalf therein (not being earlier than the day on
which the agreement is entered into) and no
further proceedings for the determination of the
fair rent of those premises by a Board, except on
the ground referred to in paragraph (b) or
paragraph (c) of sub-section (1) of section
seventy-three of this Act shall be commenced by
either of the parties to the agreement during the
period specified in that behalf in the agreement or,
if no such period is specified, during the period of
six months next after the day from which the fair
rent is altered by the agreement.
Period for Payment of Rent
No. 6098 s. 30.
70. Period for which fair rent may be fixed
Any determination agreement or notice under this
Part fixing the fair rent of any prescribed premises
may fix the rent to be so payable at an amount
payable for every week, month, or other period.
64
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 71
Effect of Fixing Fair Rent
71. Effect of fixing fair rent
No. 6098 s. 31.
(1) Where the fair rent of any prescribed premises has
been or is fixed by or pursuant to this Part then
until it is again fixed pursuant to this Part and
notwithstanding any alterations additions repairs
or renovations to the premises whether structural
or otherwise or any change of ownership or
tenancy of the premises or in the nature or value
of the services supplied by the lessor or in the
goods leased with the premises, the fair rent so
fixed as aforesaid shall while the premises remain
prescribed premises be the rent payable in respect
of the premises unless—
(a) any lesser rent is stipulated by the terms of
any existing written lease for a fixed term
which has not expired; or
(b) the lessor agrees to the payment of any lesser
rent.
(2) Any amount by which the rent charged in respect
of the premises is in excess of the fair rent fixed as
aforesaid shall, notwithstanding any agreement to
the contrary, be irrecoverable by the lessor.
72. Recovery of overpaid rent
Where any sum has been paid on account of any
rent, being a sum which by virtue of this Part
would have been irrecoverable by the lessor, the
sum so paid shall be recoverable as a debt in any
court of competent jurisdiction from the lessor
who received the payment by the lessee by whom
it was paid, and may, without prejudice to any
other method of recovery, be deducted by that
lessee from any rent payable by him to such lessor
within six months after the date of the payment.
65
No. 6098 s. 32.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 73
No. 6098 s. 33.
73. Time for applications to fix rent after
determinations
(1) If the fair rent of any prescribed premises has been
fixed by a determination (whether before or after
the commencement of this Act) no further
proceedings under this Part for the determination
of the rent of those premises by a Board shall be
commenced until after a period of six months
from the time the fair rent was fixed as aforesaid
except on the ground that—
(a) by an error or omission, an injustice has been
occasioned by the determination fixing the
fair rent;
(b) since the determination fixing the fair rent
came into force, substantial alterations or
additions have been made to the premises or,
if the lease provides for the use of any goods
in connexion with the letting of the premises,
to the goods; or
(c) since the determination fixing the fair rent
came into force, the accommodation
provided in the premises has been materially
deceased or, if the lease provides for the use
of goods in connexion with the letting of the
premises, the goods to be so used have been
substantially decreased.
(2) The foregoing sub-section shall not apply where
the fair rent of any premises was last fixed by
service of a notice or by agreement pursuant to
this Part or the Acts previously in force.
(3) Any proceedings for the determination by the
Board of the fair rent of any premises the rent of
which has been previously fixed by or pursuant to
this Part or the Acts previously in force shall be
had and determined in the manner provided by
66
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 74
this Part as if the rent has not been so previously
fixed.
Extension of Application of Division
74. Lease of premises together with goods
No. 6098 s. 34.
(1) This Division shall extend and apply in relation to
prescribed premises together with goods leased
therewith and any reference in this Division to
prescribed premises shall so far as applicable,
include a reference to prescribed premises
together with goods leased therewith.
(2) In the case of prescribed premises which are
leased together with goods, a Board may fix the
fair rent of the premises irrespective of the goods
or may, in its discretion, fix the fair rent of the
premises together with the goods leased therewith.
Subdivision 3—General
75. Penalty for demanding excess rent
(1) Any person who, whether as principal or agent or
in any other capacity, in any rent book or similar
document wilfully makes any entry showing or
purporting to show any lessee as being in arrear in
respect of any sum which by virtue of this
Division is irrecoverable, shall be guilty of an
offence against this Part.
(2) Any person who, whether as principal or agent in
any other capacity, wilfully demands or wilfully
receives as rent in respect of any prescribed
premises any sum which by virtue of this Division
is irrecoverable, shall be guilty of an offence
against this Part.
67
No. 6098 s. 35.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 76
(3) Any person who is knowingly a party to any
contract or arrangement under which any sum is
paid or agreed to be paid to that person as rent for
any prescribed premises shall, if that sum is by
virtue of this Division irrecoverable, be guilty of
an offence against this Part.
No. 6098 s. 36.
76. Record of rents
(1) Any lessor of any prescribed premises who fails,
by himself or his agent, to keep or cause to be
kept a record showing the rent received in respect
of those premises shall be guilty of an offence
against this Part.
(2) Any lessor of any prescribed premises or any
agent of any such lessor who wilfully makes or
wilfully allows to be retained, in any record
showing the rent of those premises, any entry
which is false in a material particular shall be
guilty of an offence against this Part.
No. 6098 s. 37.
77. Certain payments prohibited
(1) A person shall not, whether as principal or agent
or in any other capacity require give or receive, or
offer promise or agree to give or receive, any
bonus premium or sum of money (other than rent)
in consideration of or in association with—
(a) the assignment or transfer of any lease of;
(b) any agreement for assignment or transfer of a
lease of; or
(c) the consenting to a sub-lease of—
any prescribed premises except with the consent
of the authorized officer.
(2) Any sum paid in contravention of this section may
be recovered by the person who paid it from the
person to whom it was paid in an action for debt
in any court of competent jurisdiction, or, if the
person to whom it was paid is the lessor, may,
68
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 78
without prejudice to any other method of
recovery, be deducted by the lessee from any rent
payable by him to the lessor within six months
after the date of the payment.
(3) Nothing in the foregoing provisions of this section
shall apply or be deemed ever to have applied to
any payment or offer of payment referred to in
section ninety or paragraph (f) of sub-section (1)
of section ninety-three of this Act.
78. Supply of particulars as to rent of premises
No. 6098 s. 38.
Upon application in writing describing any
premises, and upon payment of a fee of Ten cents
($0.10), the authorized officer shall give or send
by post to the person so applying a statement in
writing as to whether any determination fixing the
fair rent of the premises is in force and the amount
and other particulars of such rent.
79. Effect on guarantee of fixing rent
No. 6098 s. 39.
If the payment of the rent of any prescribed
premises is guaranteed and subsequently to the
giving of the guarantee the fair rent of the
premises is fixed under this Part, then, if the rent
so fixed is less than the amount so guaranteed, the
guarantee shall be construed as if the amount
guaranteed to be paid was the amount fixed as the
fair rent under this Part; but in any other case the
fixing of the fair rent under this Part shall not
affect the guarantee.
No. 6098 s. 40.
80. Certificate as to rent
(1) In any proceedings before any court, a certificate
by the person constituting a Board that, in respect
of a period specified in the certificate, the fair rent
of any prescribed premises was fixed by a
determination under this Part of the Acts
previously in force, and specifying the amount
69
S. 80(1)
amended by
No. 9514
s. 154(g)(a).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 81
thereof, shall be evidence of the matters certified
to.
S. 80(2)
amended by
No. 9514
s. 154(g)(a).
(2) Judicial notice shall be taken of the signature of
the person signing any such certificate and of the
fact that he is, or has been, the person constituting
the relevant Board.
S. 80(3)
amended by
No. 9514
s. 154(g)(a)(b).
(3) A person constituting a Board may sign a
certificate for the purposes of this section
notwithstanding that the fair rent to which the
certificate relates was fixed by the
Commonwealth Rent Controller or by another
person constituting a Board.
No. 6098 s. 41.
81. Proof of rent paid
For the purposes of this Division a certificate,
purporting to be signed by the town clerk or shire
secretary or valuer of any municipality, to the
effect that in the records of that municipality a
rent specified in the certificate is shown as having
been the rent of any specified premises at any
specified date before or within one year after the
thirty-first day of December One thousand nine
hundred and forty shall be prima facie evidence—
(a) that the rent so specified was the rent
payable in respect of the premises at the
specified date; and
(b) (where that date is within twelve months
before or after the thirty-first day of
December One thousand nine hundred and
forty) that the rent so specified was also the
rent payable in respect of the premises at the
said thirty-first day of December.
70
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
Division 3—Recovery of Possession
Notices to Quit
82. Restrictions on eviction
No. 6098 s. 42.
(1) Notwithstanding anything in this Act, except as
provided by this Division the lessor of any
prescribed premises shall not give any notice to
terminate the tenancy or take or continue any
proceedings to recover possession of the premises
from the lessee or for the ejectment of the lessee
therefrom.
(2) A notice to quit given in contravention of this
section shall not operate so as to terminate the
tenancy in respect of which the notice was given.
(3) Subject to this Division, a lessor may apply to the
Tribunal for an order for the recovery by him of
any prescribed premises (or of any goods leased
therewith) or for the ejectment of the lessee
therefrom if the lessor, before making the
application, has given to the lessee, upon one or
more of the prescribed grounds but upon no other
ground, notice to quit in writing for a period
determined in accordance with the next
succeeding section, and that period of notice has
expired.
(3A) For the purposes of an application under subsection (3), the Tribunal may exercise any powers
conferred on it by Part 11 of the Residential
Tenancies Act 1997 to the extent that those
powers are consistent with this Division.
71
S. 82(3)
amended by
No. 101/1998
s. 26(4)(a)(b).
S. 82(3A)
inserted by
No. 9786
s. 4(a),
amended by
No. 109/1997
s. 533(Sch. 2
item 6.2),
substituted by
No. 101/1998
s. 26(5).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
S. 82(3B)
inserted by
No. 9786
s. 4(a),
repealed by
No. 101/1998
s. 26(6)(a).
*
*
*
*
*
(4) Service of the notice to quit may, without
prejudice to any other mode of service, be
effected—
(a) by delivering the notice to some person
apparently over the age of sixteen years and
apparently residing in or in occupation of the
premises;
(b) by delivering the notice to the person by
whom the rent of the premises is customarily
paid; or
S. 82(4)(c)
amended by
Nos 6505 s. 2,
8731 s. 173,
9786 s. 4(b),
57/1989
s. 3(Sch. item
112.14(a)),
substituted by
No. 101/1998
s. 26(6)(b).
(c) by substituted service in accordance with an
order of the Tribunal—
and service of the notice in any manner authorized
by this sub-section shall, notwithstanding that the
lessee has died and that probate of his will or
letters of administration of his estate have not
been granted, be effective for all the purposes of
this Part.
S. 82(5)
amended by
Nos 8731
s. 173, 9786
s. 4(c),
57/1989
s. 3(Sch. item
112.14(b)(i)(ii)),
repealed by
No. 101/1998
s. 26(6)(a).
*
*
*
72
*
*
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
(6) The prescribed grounds shall be—
(a) that the lessee has failed to pay the rent in
respect of a period of not less than twentyeight days;
(b) that the lessee has 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: Provided
that notice in writing specifying the breach
of such performance or observance has been
served on the lessee and the lessee for a
period of not less than fourteen clear days
has failed to remedy such breach;
(c) that the lessee has failed to take reasonable
care of the premises or of any goods leased
therewith or has committed waste;
(d) that the lessee or any person residing in or
visiting the premises has been guilty of
conduct which is a nuisance or annoyance to
adjoining or neighbouring occupiers;
(e) that the lessee or any other person has been
convicted during the currency 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 premises
have during the currency of the lease been
used for some illegal purpose;
(f) that the lessee has given notice of his
intention to vacate the premises or has
signified in writing his willingness to vacate
the premises when required to do so and, in
consequence of that notice or signification,
the lessor has agreed to sell or let the
premises or has taken any other steps as a
73
S. 82(6)(a)
amended by
Nos 6599 s. 8,
8208 s. 12(a).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
result of which he would be seriously
prejudiced if he could not obtain possession;
(g) that the premises—
(i) being a dwelling-house—are or within
twelve months after service of the
notice to quit will be reasonably
required by the lessor for occupation by
himself, or by his son, daughter,
mother, father, brother or sister, or by
some person who ordinarily resides
with and is wholly or partly dependent
upon him; or
(ii) being business premises—are or within
twelve months after service of the
notice to quit will be reasonably
required for occupation by the lessor or
by a person associated or connected
with the lessor in his trade, profession,
calling or occupation;
(h) that the premises are used as, or have been
acquired for use as, a parsonage, vicarage,
presbytery or other like premises and are
reasonably required for the personal
occupation of a minister of religion
(including a person who, although not
ordained, is performing all the duties of a
minister of religion);
(i) that the lessor is a trustee or personal
representative and the premises are or within
twelve months after service of the notice to
quit will be reasonably required by a
beneficiary under the trust or in the estate (as
the case may be) for his personal occupation
or the occupation of his son, daughter,
mother, father, brother or sister, or for the
occupation of some person who ordinarily
74
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
resides with and is wholly or partly
dependent upon him;
(j) that the lessor is a personal representative or
trustee of a deceased's estate, that the gross
value of the premises constitutes not less
than half the gross value of the estate of
which it forms part and that vacant
possession of the premises is required in
order that a trust for sale may be properly
carried out;
(k) that the lessor is a person, body or authority
carrying on—
(i) an institution, being a hospital, aftercare home, home for the aged or infirm,
crèche or kindergarten; or
(ii) a school, college or other educational
establishment—
or a trustee for such a person, body or
authority, and the use of the premises is
reasonably required for the purposes of the
institution or establishment (including the
accommodation of the staff of the institution
or establishment);
(l) that the premises, being a dwelling-house,
have been occupied, or are occupied, in
consequence of his employment by some
person in the employ of the lessor and are
reasonably required for the personal
occupation for residential purposes in
consequence of his employment of some
other person employed by, or about to
become employed by, the lessor;
75
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
(m) that the premises, being a dwelling-house
situated on or in close proximity to any
grazing area, farm, orchard, market garden,
dairy farm, poultry farm, pig farm or bee
farm belonging to or carried on by the lessor
are reasonably required for the personal
occupation for residential purposes of a
person who is employed by, or about to be
employed by, or who has entered into or is
about to enter into a share-farming
agreement with, the lessor in connexion with
the carrying out of operations on the said
area, farm, orchard or garden;
(n) that the lessor 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—
(i) being a dwelling-house—are or within
the said period of twelve months will
be reasonably required by the purchaser
for occupation by himself or by his son,
daughter, father, mother, brother or
sister, or by some person who
ordinarily resides with and is wholly or
partly dependent upon him; or
(ii) being business premises—are or within
the said period of twelve months will
be reasonably required for occupation
by the purchaser or by a person
associated or connected with the
purchaser in his trade, profession,
calling or occupation;
76
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
(o) that the premises are reasonably required by
the lessor for reconstruction, demolition or
removal;
(p) that the lessee has become the lessee of the
premises by virtue of an assignment or
transfer which has not either expressly or by
implication been consented to or approved
by the lessor;
(q) that the lessee has sub-let the premises or
some part thereof by a sub-lease which has
not either expressly or by implication been
consented to or approved by the lessor;
(r) that the premises, being shared
accommodation, are required by the lessor
and—
(i) at the time of giving the notice to quit
and during the period of twelve months
immediately prior thereto the lessor has
resided in the dwelling-house of which
the shared accommodation forms part;
and
(ii) at the time of giving such notice and
during the said period of twelve months
not more than one lease of shared
accommodation in that dwelling-house
has been in force at any one time;
(s) where the premises are a dwelling-house,
that the lessee without just cause or excuse
and without the consent of the lessor (which
consent has not been unreasonably withheld)
at the date of the giving of notice to quit is
not residing and during the period of three
months or more immediately before that date
has not resided in the premises or any part
thereof;
77
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
(t) where the premises are a dwelling-house (not
including premises leased to the lessee as an
apartment-house) that the lessee by the subletting of the premises or parts of the
premises is receiving from the sub-lessee or
sub-lessees a rent of or rents aggregating an
amount which exceeds the rent paid by the
lessee to the lessor by more than One
hundred per centum;
(u) that the premises are a garage (not ordinarily
used for residence) within the curtilage of a
dwelling-house not leased to the lessee, and
that the lessor requires possession of the
garage in order that the dwelling-house
together with the garage may be occupied by
him or leased to a lessee or sold with vacant
possession;
S. 82(6)(v)
amended by
Nos 6575
s. 3(1)(a)(b),
6828 s. 8(1),
8208
s. 12(b)(i)(ii),
27/2001
s. 3(Sch. 1
item 7.3).
(v) that the premises being a dwelling-house, are
owned by the lessor, being a man of or over
the age of sixty-five years or a woman of or
over the age of sixty years, that the lessor's
income if he is living alone does not exceed
a rate of $1,300 per annum or if he is living
with his partner does not together with that
of his partner exceed a rate of $2,600 per
annum, that neither the lessor nor his partner,
if living with him, owns any other dwellinghouse in Victoria (exclusive of the dwellinghouse in which he resides), and that the
premises are required for sale with vacant
possession;
(w) that the lessee of the premises (being
premises which immediately before the
commencement of the Landlord and
Tenant (Control) Act 1957 were business
premises) has since the said commencement
without the express or implied consent of the
lessor used the premises or some part thereof
78
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 82
for the purpose of residence or caused
permitted or suffered the premises or some
part thereof to be used by any person for the
purpose of residence;
(x) where the premises are a dwelling-house,
that the financial circumstances of the lessee
are such that he could without undue
financial hardship purchase or lease other
adequate and suitable premises for the
purpose of residence at a purchase price or
rent based on current property values; or
(y) where the premises are a dwelling-house,
that the lessee has other adequate and
suitable premises presently available for his
occupation for residential purposes.
(7) In the last preceding sub-section, unless the
contrary intention appears, "lessor" includes,
where there is more than one lessor, any one or
more of the lessors, and "lessee" includes, where
there is more than one lessee, any one or more of
the lessees.
(8) Notice to quit on a ground specified in paragraph
(p) or (q) of sub-section (6) of this section shall
not be given—
(a) unless the assignment transfer or sub-lease
was in breach of a covenant or condition of
the lease; or
(b) (where it was not in breach of such a
covenant or condition) unless the assignment
or transfer was made or the sub-lease granted
on or after the fourteenth day of March One
thousand nine hundred and forty-seven; and
(i) (in the case of a lease for a fixed term)
the term of the lease; or
79
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 83
(ii) (in the case of a periodic lease) the
period current at the date of the
assignment transfer or sub-lease—
has expired.
No. 6098 s. 43.
83. Period of notice to quit
(1) Except as is otherwise expressly provided, the
period for which notice to quit shall be given shall
be not less than seven days, together with an
additional seven days for each completed period
of six months of occupation.
(2) Nothing in the last preceding sub-section shall—
(a) require the giving of notice to quit for—
(i) a period exceeding fourteen days if the
notice is given on any ground specified
in paragraphs (c), (d), (e) or (f) of subsection (6) of the last preceding section
and not on any other ground;
(ii) a period exceeding thirty days if the
notice is given on any other ground; or
(iii) in the case of shared accommodation—
a period exceeding fourteen days; and
(b) allow the giving of notice to quit for a period
shorter than the period which, but for this
section, would be required.
(3) Notwithstanding anything in the foregoing
provisions of this section the period for which
notice to quit shall be given shall be two months
where the notice is given on the ground specified
in paragraph (r) of sub-section (6) of the last
preceding section.
No. 6098 s. 44.
S. 84
amended by
No. 6599
s. 9(a)(b).
84. Notice to quit not to be given on certain grounds
A lessor shall not, after the lessee has made an
application for a determination, or after he has
received from a Board notice of its intention to
80
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 85
determine the fair rent of its own motion or after
an agreement with respect to the fair rent has been
entered into pursuant to any provision of Division
two of this Part except with the consent of the
Board, give a notice to quit on any ground
specified in paragraph (g), (h), (i), (j), (k), (l), (m),
(n), (o), (r), or (x) of sub-section (6) of section
eighty-two of this Act until after the expiration of
six months after the making of a determination on
the application or in pursuance of the notice or the
day specified in the agreement for the alteration of
the fair rent (as the case may be) but if a
determination has not been made within a period
of six months after the date of the application, or
(if no application has been made) within a period
of six months after receipt of the notice of
intention, as the case may be, such a notice to quit
may be given after the expiration of that period.
85. Notice to quit where dwelling-house sold
(1) A person who becomes the lessor of prescribed
premises, being a dwelling-house, by purchase
transfer or assignment thereof or of a lease thereof
or by the grant of a lease thereof concurrent with
the existing lease or a person claiming or deriving
title under or through a person who becomes the
lessor in any such manner shall not, within a
period of twelve months after the date of the
agreement for the purchase transfer or assignment
thereof or of the lease thereof or of the grant of the
concurrent lease (as the case requires), give a
notice to quit on the ground specified in
paragraph (g) of sub-section (6) of section eightytwo of this Act to any person who was a lessee of
the prescribed premises at the date of the
agreement for the purchase transfer or assignment
thereof or the lease thereof or of the grant of the
concurrent lease (as the case requires).
81
No. 6098 s. 45.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 86
(2) A lessor of prescribed premises, being a dwellinghouse, shall not give a notice to quit on the ground
specified in paragraph (n) of sub-section (6) of
section eighty-two of this Act to any person who
was a lessee of the prescribed premises at the date
of the agreement referred to in that paragraph
within a period of twelve months after the date of
the agreement.
No. 6098 s. 46.
86. Notice to specify grounds
(1) A notice to quit shall specify the ground relied
upon and shall give the particulars thereof and,
except as is provided in sub-section (2) of this
section, in the proceedings the lessor shall not be
entitled to rely upon any ground not so specified
or of which particulars are not so given.
S. 86(2)
amended by
No. 101/1998
s. 26(6)(c).
No. 6098 s. 47.
(2) The Tribunal may, if it thinks it proper in the
circumstances of any case, allow the lessor to rely
on any prescribed ground which was not specified
or particulars of which were not given in the
notice to quit, and in any such case the Tribunal
may order the lessor to pay any costs of the lessee
which in the opinion of the Tribunal have been or
may be occasioned to the lessee by the failure so
to specify the ground or give particulars thereof in
the notice to quit.
87. Notice to quit to terminate lease
(1) A notice to quit given in accordance with the
provisions of section eighty-two of this Act shall,
if the tenancy in respect of which the notice was
given has not otherwise terminated, operate so as
to terminate the tenancy of the premises at the
expiration of the period specified in the notice, but
nothing in the foregoing provisions of this section
shall operate so as to determine any tenancy
before the date on which it would have terminated
if this section had not been enacted.
82
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 88
(2) If in any proceedings the lessor is allowed to rely
on any ground which was not specified or
particulars of which were not given in the notice
to quit and the Tribunal makes an order for
recovery of possession of the premises on that
ground, the order shall operate to terminate the
tenancy of the lessee on that ground as from the
date specified in that behalf in the order.
88. Notice to quit after failure of eviction proceedings
S. 87(2)
amended by
No. 101/1998
s. 26(6)(c).
No. 6098 s. 48.
(1) Where a lessor has taken proceedings in any court
or in the Tribunal to recover possession of any
prescribed premises from the lessee or for the
ejectment of the lessee therefrom and the court or
the Tribunal has (whether before or after the
commencement of this Act) refused to make an
order in favour of the lessor, the lessor shall not
give to the lessee any notice to quit (whether on
the same ground as a previous notice to quit or on
any other ground) within twelve months after the
decision of the court or the Tribunal unless he has
first obtained the leave of the Tribunal under this
Division.
S. 88(1)
amended by
No. 101/1998
s. 26(6)(d)
(i)–(iii).
(2) Where the Tribunal refuses to make an order in
favour of a lessor it may, at the same time, grant
leave for the purposes of this section.
S. 88(2)
amended by
No. 101/1998
s. 26(6)(e).
*
*
*
83
*
*
Heading
preceding
s. 89
repealed by
No. 101/1998
s. 26(6)(f).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 90
S. 89
amended by
Nos 7876
s. 2(3), 9786
s. 4(d),
16/1986 s. 30,
57/1989
s. 3(Sch. item
112.15),
repealed by
No. 101/1998
s. 26(6)(g).
*
*
*
*
*
Barring and Avoiding Notice to Quit
No. 6098 s. 50.
S. 90
amended by
Nos 16/1986
s. 30, 57/1989
s. 3(Sch. item
112.16).
90. Power to court to bar notices to quit
The Magistrates' Court may, in respect of any
prescribed premises being business premises or
being a dwelling-house used in whole or in part by
the lessee with the express or implied consent of
the lessor for sub-letting for residential purposes,
exercise all or any of the following powers,
namely—
(a) on application made by the lessee who has
become the lessee of the premises by virtue
of a transfer or assignment, the court may
order that a notice to quit upon the ground
specified in paragraph (p) of sub-section (6)
of section eighty-two of this Act shall not be
given in relation to that transfer or
assignment;
(b) on application made by the lessee of the
premises who has sub-let the premises, the
court may order that a notice to quit on the
ground specified in paragraph (q) of subsection (6) of section eighty-two of this Act
shall not be given in relation to the sub-lease;
(c) on application made by the lessee of the
premises who proposes to sub-let the
premises or to transfer or assign the lease of
the premises, the court may order that a
84
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 91
notice to quit on the ground specified in
paragraph (p) or paragraph (q) of sub-section
(6) of section eighty-two of this Act shall
not, if the proposed sub-lease transfer or
assignment is subsequently made or effected,
be given in relation to the sub-lease transfer
or assignment—
if the court is satisfied—
(i) that the lessor, having been requested to
consent to or approve that transfer
assignment or sub-lease or proposed
transfer assignment or sub-lease,
unreasonably refused or unreasonably
withheld that consent or approval; and
(ii) that the lessor has not offered to pay to
the lessee making the application a fair
and reasonable price for the lease
(including the goodwill of any business
carried on by the lessee upon the
premises)—
and any notice to quit given in contravention of an
order made under this section shall be void and of
no effect.
91. Power to court to declare certain notices void
In any proceedings arising out of—
(a) an application by a lessor, consequent upon a
notice to quit served upon the lessee, for the
ejectment of any person from or the recovery
of possession of any prescribed premises
being business premises or being a dwellinghouse used in whole or in part by the lessee
with the express or implied consent of the
lessor for sub-letting for residential purposes;
or
85
No. 6098 s. 51.
S. 91
amended by
Nos 7876
s. 2(3),
16/1986 s. 30,
57/1989
s. 3(Sch. item
112.17).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 92
(b) an application pursuant to this section by a
lessee of any such premises on whom a
notice to quit has been served—
the Magistrates' Court may, if satisfied—
(i) that the ground upon which the notice
to quit purported to be served is not
supported by the facts; or
(ii) that the notice was served for the
purpose of depriving the tenant of any
rights of assignment transfer or subletting which he possessed before the
service thereof and without any
reasonable expectation of ejecting the
lessee or recovering possession of the
premises—
order that the notice to quit be void and of no
effect, and upon the making of any such order the
rights and obligations of the parties shall be as if
the notice to quit had never been served.
Proceedings for Recovery of Possession, &c.
No. 6098 s. 52.
S. 92
amended by
No. 6828 s. 10.
S. 92(1)
amended by
No. 101/1998
s. 26(6)(h)(i)(ii).
92. Tribunal to consider hardship and alternative
accommodation
(1) On the hearing of any application by a lessor for
an order for the recovery of possession of any
prescribed premises or for the ejectment of the
lessee therefrom the Tribunal shall, subject to the
following provisions of this Division, take into
consideration in addition to all other relevant
matters—
(a) any hardship which would be caused to the
lessee or any other person by the making of
the order;
86
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 92
(b) any hardship which would be caused to the
lessor or any other person by the refusal of
the Tribunal to make the order; and
S. 92(1)(b)
amended by
No. 101/1998
s. 26(6)(h)(ii).
(c) where the application is made on any one or
more of the grounds specified in paragraphs
(g), (h), (i), (k), (l), (m), (n), (o) or (r) of subsection (6) of section eighty-two of this
Act—whether reasonably suitable alternative
accommodation in lieu of the prescribed
premises is, or has been since the date upon
which notice to quit was given, available for
the occupation of the person occupying the
prescribed premises or for the occupation of
the lessor or other person by whom the
prescribed premises would be occupied if the
order were made—
and may, in its discretion, make the order or may,
on such conditions (if any) as it thinks fit, refuse
to make the order notwithstanding that one or
more of the prescribed grounds has been
established:
Provided that, where the lessee is a person in
receipt of a total permanent incapacity pension or
a blinded person's pension under the
Commonwealth Act known as the Veterans'
Entitlements Act 1986, and the total income of the
lessee is less than the total income of the lessor an
order shall not be made unless the Tribunal is
satisfied that reasonably suitable alternative
accommodation in lieu of the prescribed premises
is so available as aforesaid.
S. 92(1)
Proviso
amended by
Nos 48/1987
s. 8(a),
101/1998
s. 26(6)(h)(ii).
(2) For the purposes of this section—
(a) in the consideration of the hardship which
may be caused to a lessor or a lessee the
Tribunal shall have special regard to any
disabilities (whether physical, mental or
financial) under which the lessor or lessee
87
S. 92(2)(a)
amended by
No. 101/1998
s. 26(6)(h)(ii).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 92
(as the case may be) suffers and which were
caused by or as a result of or are consequent
upon his war service;
(b) "war service" in the last preceding
paragraph means service as a member of the
Naval Military or Air Forces of the
Commonwealth of Australia during any war,
hostilities or assignment in which the
Commonwealth or any unit or detachment or
member of the said Forces with the sanction
of the Commonwealth was or is engaged;
and
S. 92(2)(c)
amended by
No. 101/1998
s. 26(6)(h)(ii).
S. 92(2)(c)
Proviso
amended by
No. 48/1987
s. 8(a).
(c) in determining whether alternative
accommodation which is available to a
lessee is reasonably suitable the Tribunal
shall have regard to the nature of the tenure
upon which the alternative accommodation is
available, including the term of any proposed
lease; and, without prejudice to the power of
the Tribunal to regard a lease for a lesser
term as reasonably suitable, in any case
where a lease in writing for a term of not less
than three years is available the alternative
accommodation, so far as relates to tenure,
shall be regarded as reasonably suitable:
Provided that, where the lessee is a person in
receipt of a total permanent incapacity
pension or a blinded person's pension under
the Commonwealth Act known as the
Veterans' Entitlements Act 1986, and the
total income of the lessee is less than the
total income of the lessor any alternative
accommodation which is available for his
occupation shall not, so far as relates to
tenure, be regarded as reasonably suitable
unless a lease in writing thereof for a term of
not less than five years is available to the
lessee.
88
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 92
(3) Where the Tribunal has on any condition or
conditions, refused to make an order, and upon
application by the lessor the Tribunal is satisfied
that the lessee has in some material way failed to
observe any such condition, the Tribunal may in
its discretion re-hear the original application
having regard to that failure and to any other
changed circumstances and if it thinks fit may
make an order and such order shall for all
purposes be deemed to be made pursuant to the
original application.
(4) Where the application is made on either of the
grounds specified in paragraphs (p) and (q) of
sub-section (6) of section eighty-two of this Act,
the Tribunal shall not refuse in the exercise of the
discretion vested in it by sub-section (1) of this
section, to make the order unless the Tribunal is
satisfied—
S. 92(3)
amended by
No. 101/1998
s. 26(6)(h)(ii).
S. 92(4)
amended by
No. 101/1998
s. 26(6)(h)(ii).
(a) that special circumstances exist by reason of
which the order should not be made; or
(b) without limiting the generality of the last
preceding paragraph, in a case where the
ground specified in the said paragraph (q)
applies, that the sub-letting was in the course
of a business of sub-letting carried on by the
lessee and that the business was commenced
or is carried on with the express or implied
consent of the lessor.
(5) On the hearing of an application specified in the
last preceding sub-section, any assignee, sublessee or person in occupation of the prescribed
premises or any part thereof, shall be entitled to be
heard.
(6) Where the application is made on the ground
specified in paragraph (o) of sub-section (6) of
section eighty-two of this Act in respect of
premises being a dwelling-house the Tribunal,
89
S. 92(6)
amended by
No. 101/1998
s. 26(6)(h)(ii).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
whether the notice to quit was served before or
after the commencement of this Act, shall inquire
into the purposes for which the re-constructed or
re-built premises are intended to be used and
unless the Tribunal is satisfied—
(a) that the re-constructed or re-built premises
are intended to be used for residential
purposes to at least the same extent as the
premises in respect of which the application
is made; or
(b) that special circumstances exist by reason of
which the order ought to be made—
the Tribunal shall refuse to make the order.
S. 92(7)
amended by
No. 101/1998
s. 26(6)(h)(ii).
No. 6098 s. 53.
S. 93(1)
amended by
No. 101/1998
s. 26(6)(i).
(7) Where the application is made on the ground
specified in paragraph (t) of sub-section (6) of
section eighty-two of this Act the Tribunal in the
consideration of any hardship that may be caused
to the lessee by the making of an order shall
disregard the loss to the lessee of such part of the
rents received by him from sub-lessees as in the
opinion of the Tribunal represents an inequitable
profit.
93. Tribunal to disregard hardship and alternative
accommodation in some cases
(1) The Tribunal shall not refuse to make an order
under sub-section (1) of the last preceding section
by reason only of any of the matters referred to in
paragraph (a) or paragraph (c) of or the proviso to
that sub-section in any of the following cases—
(a) where the application is made on the ground
specified in paragraph (e), (f), (j), (v) or (w)
of sub-section (6) of section eighty-two of
this Act;
S. 93(1)(b)
amended by
No. 101/1998
s. 26(6)(i).
(b) where the application is made on the ground
specified in paragraph (l) or (m) of subsection (6) of section eighty-two of this Act
90
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
and the Tribunal is satisfied that it is
essential that the person for whose personal
occupation the premises are sought should
reside in those premises (being premises on
or in close proximity to the premises where
he is or will be employed or engaged) for the
proper performance of the duties of his
employment or the proper carrying out of the
share-farming agreement;
(c) where the application is made on the ground
specified in paragraph (r) of sub-section (6)
of section eighty-two of this Act and the
Tribunal is satisfied that the lease of the
shared accommodation to which the
application relates was made after the first
day of February One thousand nine hundred
and fifty-four;
S. 93(1)(c)
amended by
No. 101/1998
s. 26(6)(i).
(d) where the application is made on the ground
that the premises, being a dwelling-house,
are reasonably required for occupation by the
lessor, and the Tribunal is satisfied—
S. 93(1)(d)
amended by
No. 101/1998
s. 26(6)(i).
(i) that the lessor is a person of one of the
following classes—
one of two partners who desire to live
together in the dwelling-house in any
case where either partner is receiving
or, if they were living in the dwellinghouse, would be entitled to receive an
age pension under the Social Security
Act 1991 of the Commonwealth or a
service pension under section 84 of the
Veterans' Entitlements Act 1986 of the
Commonwealth;
one of two partners who desire to live
together in the dwelling-house in any
case where the joint income of the
91
S. 93(1)(d)(i)
amended by
Nos 6575
s. 3(2)(a)(b),
6828 s. 8(2),
48/1987
s. 8(b)(i)(ii),
substituted by
No. 27/2001
s. 3(Sch. 1
item 7.4).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
partners does not exceed a rate of
$1820 per annum;
a surviving partner or a spouse living
apart from the other spouse or a single
person who is receiving or, if the
person were living in the dwellinghouse, would be entitled to receive an
age pension or a service pension as
aforesaid;
a surviving partner or a spouse living
apart from the other spouse or a single
person, whose age in the case of a man
is not less than 65 years and in the case
of a woman is not less than 60 years,
and whose income does not exceed a
rate of $910 per annum;
a person in receipt of a total pension
under the Social Security Act 1991 of
the Commonwealth or a service
pension under section 85 of the
Veterans' Entitlements Act 1986 of the
Commonwealth;
a person in receipt of a total permanent
incapacity pension under the Veterans'
Entitlements Act 1986 of the
Commonwealth whose income,
together with the income (if any) of the
person's partner, if living with the
person, from sources other than
pensions or allowances under that Act,
does not exceed a rate of $910 per
annum; and
(ii) that neither the lessor nor his or her
spouse, if living with him or her, owns
any other dwelling-house in Victoria or
has within the period of twelve months
immediately prior to the giving of
92
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
notice to quit owned any such dwellinghouse;
(e) Where the application is made on the ground
that the premises, being a dwelling-house or
shared accommodation in a dwelling-house,
are reasonably required by the lessor for
occupation by himself, notwithstanding that
the premises or any part or parts of the
premises have been sublet by the lessee, and
the Tribunal is satisfied—
(i) that neither the lessor nor his or her
partner, if living with him or her—
owns any other dwelling-house in
Victoria which is presently
available for his or her
occupation; or
has within the period of twelve
months immediately prior to the
date of giving notice to quit
owned such a dwelling-house;
(ii) that the lessor has been the owner of the
dwelling-house for not less than five
years immediately prior to the date of
giving notice to quit;
(iii) that the lessee is not a protected person
as hereinafter defined; and
(iv) that the lessor has given to the lessee
notice to quit in accordance with the
following scale, that is to say—
where the lessor has at the date of
giving the said notice been the
owner of the dwelling-house for
more than five years but not more
than ten years—nine months'
notice;
93
S. 93(1)(e)
amended by
No. 101/1998
s. 26(6)(i).
S. 93(1)(e)(i)
amended by
No. 27/2001
s. 3(Sch. 1
item 7.5(a)).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
where the lessor has at the date of
giving the said notice been the
owner of the dwelling-house for
more than ten years—six months'
notice;
S. 93(1)(f)
amended by
No. 101/1998
s. 26(6)(i).
(f) Where the application is made on the ground
that the premises, being business premises,
are reasonably required by the lessor for
reconstruction demolition or removal and the
Tribunal is satisfied—
(i) that the lessor bona fide intends—
to demolish or remove the existing
premises and to build new
premises on the site; or
to reconstruct the premises by
structural alterations involving the
expenditure of a sum of not less
than One hundred per centum of
the capital value of the existing
premises at the date of the
application—
and has made or will be able to make
suitable financial arrangements for that
purpose; and
S. 93(1)(f)(ii)
amended by
No. 101/1998
s. 26(6)(i).
(ii) that the lessor either—
has given to the lessee not less
than six months' notice to quit and
has executed or will execute under
seal an undertaking to lease to the
lessee, in the premises when built
or reconstructed as aforesaid,
premises not less suitable, in
nature and extent, for the lessee's
purposes than those occupied by
the lessee at the date of the notice
to quit, and within such time and
94
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
at such rent and on such terms as
the Tribunal thinks reasonable; or
has given to the lessee not less
than two years' notice to quit and
has paid or will pay to the lessee a
sum, determined by the Tribunal,
equalling the aggregate of the
amounts of rent paid in respect of
the premises during the period of
two years immediately before the
date of application—
and any order made in a case to which
this paragraph applies may be
conditioned upon execution of such an
undertaking or payment of the sum so
determined (as the case may be).
(2) For the purposes of paragraph (e) of the last
preceding sub-section "protected person"
means—
(a) a person—
(i) who is receiving from the
Commonwealth of Australia a pension
of an amount of not less than thirty per
centum of the full pension payable at
the relevant time as a total permanent
incapacity pension under the
Commonwealth Act known as the
Repatriation Act 1920–1971 as
amended from time to time; or
(ii) who is receiving from the
Commonwealth of Australia under
regulations made under the said
Commonwealth Act medical attention
or treatment of such a kind as wholly or
to a major degree to prevent him from
engaging in his occupation;
95
S. 93(2)(a)(i)
amended by
No. 8208 s. 13.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 93
(b) a person who is wholly or mainly dependent
upon a person referred to in paragraph (a); or
S. 93(2)(b)
amended by
No. 27/2001
s. 3(Sch. 1
item 7.5(b)).
S. 93(2)(c)
amended by
No. 27/2001
s. 3(Sch. 1
item 7.5(c)).
(c) a person who is wholly or mainly dependent
for support on a pension payable to the
person under the Commonwealth Act
referred to in paragraph (a) as the surviving
partner of a person who was a member of the
Naval Military or Air Forces of the
Commonwealth of Australia during any war,
hostilities or assignment in which the
Commonwealth or any unit or detachment or
member of the said Forces with the sanction
of the Commonwealth was or is engaged.
(3) Any person who, having obtained an order for
recovery of possession of or ejectment from any
premises by virtue of the provisions of
paragraph (f) of sub-section (1) of this section
fails, without just cause or excuse (the proof
whereof shall lie on him), to pay any sum of
money undertaken or directed to be paid by him
pursuant to the said paragraph or to carry out any
undertaking executed or directed to be executed
by him pursuant to the said paragraph shall,
without affecting or abating any civil liability
which may arise from such failure, be guilty of an
offence against this Part.
S. 94
amended by
Nos 6575 s. 4,
6828 s. 9, 7876
s. 2(3), 8731
s. 173, 16/1986
s. 30, 57/1989
s. 3(Sch. item
112.18(a)(b)),
repealed by
No. 101/1998
s. 26(6)(j).
*
*
*
96
*
*
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 95
95. Power to stay proceedings or orders
In respect of any proceedings referred to in
section ninety two of this Act, the Tribunal may—
No. 6098 s. 55.
S. 95
amended by
No. 101/1998
s. 26(6)(k).
(a) from time to time, subject to such conditions
(if any) and for such period as it thinks fit—
(i) adjourn the proceedings;
(ii) stay or suspend the execution of any
judgment or order which has been made
or given in the proceedings; or
(iii) postpone the date for recovery of
possession or for ejectment specified in
any such judgment or order; or
(b) subject to such conditions (if any) as it thinks
fit vary discharge or rescind any such
judgment or order; or
(c) where a warrant of execution has been
issued, and whether the warrant has expired
or not, from time to time extend the period
stated in the warrant for the execution
thereof—
(i) if the Tribunal is satisfied that, because
of the illness of the lessee or for other
sufficient cause, it is or has been
impracticable for the officer to whom
the warrant is directed to execute the
warrant within the period stated
therein—for such period as it thinks fit;
or
S. 95(c)(i)
amended by
No. 101/1998
s. 26(6)(k).
(ii) if the Tribunal is not so satisfied—for a
period not exceeding seven days from
the date on which the extension is
granted.
S. 95(c)(ii)
amended by
No. 101/1998
s. 26(6)(k).
97
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 96
No. 6098 s. 56.
96. Certain applications to operate as stay of execution
S. 96(1)
amended by
No. 101/1998
s. 26(6)(l)(i)(ii).
(1) An application to stay or suspend the execution of
or to vary discharge or rescind any judgment or
order referred to in the last preceding section, or
to postpone the date for recovery of possession or
for ejectment specified in any such judgment or
order, shall, when filed with the principal registrar
of the Tribunal, stay the execution of any warrant
and operate to postpone the date for recovery of
possession of the prescribed premises or for the
ejectment of the lessee until the Tribunal has
heard the application.
S. 96(2)
amended by
No. 101/1998
s. 26(6)(l)(iii).
(2) Notwithstanding anything contained in
paragraph (c) of the last preceding section, the
Tribunal may, on the hearing of any such
application, extend for such period as it thinks fit
the period stated in any warrant for the execution
thereof (whether the warrant has expired or not).
S. 96(3)
amended by
No. 101/1998
s. 26(6)(l)(iii).
(3) Where, in respect of any proceedings referred to
in section ninety-two of this Act, the Tribunal has
refused to grant an application of any of the kinds
referred to in sub-section (1) of this section no
further application of any of those kinds shall be
made in respect of those proceedings except with
the leave of the Tribunal.
S. 97
repealed by
No. 110/1986
s. 140(2).
S. 98
repealed by
No. 101/1998
s. 26(6)(m).
No. 6098 s. 59.
S. 99
amended by
No. 101/1998
s. 26(6)(n).
*
*
*
*
*
*
*
*
*
*
99. Ejectment orders not enforceable
Notwithstanding anything in any Act no order
(other than the corresponding provisions of the
98
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 100
Acts previously in force) made by any court for
the recovery by the lessor of possession of any
prescribed premises (or of any goods leased
therewith) or for the ejectment of the lessee
therefrom shall be enforceable.
100. Tribunal may order compensation for
misrepresentation
Where a lessor has obtained an order for the
recovery of possession of any prescribed premises
or for the ejectment therefrom of a lessee and it is
subsequently proved that the order was obtained
by a fraudulent representation or the concealment
of material facts, the Tribunal may order the lessor
to pay to the former lessee such sum as appears to
the Tribunal to be sufficient as compensation for
damage or loss sustained by the lessee as a result
of the order, and the like proceedings may be
taken upon the order as if the order had been a
order of the Tribunal in favour of the former
lessee.
101. Premises not to be sold or re-let etc. in certain cases
(1) If a notice to quit is given on any of the grounds
specified in paragraphs (g), (h), (i), (k), (l) or (m)
of sub-section (6) of section eighty-two of this Act
and the premises in respect of which the notice is
given are vacated in accordance with or as a result
of or consequent upon the notice or if an order for
the recovery of possession of the premises or for
the ejectment therefrom of the lessee is made on
any such ground, a person shall not, without the
consent of the appropriate court or tribunal—
(a) again lease or sell or agree to lease or sell the
premises; or
(b) (where the premises were used by the lessee
for purposes of residence therein
immediately prior to his vacating the
99
No. 6098 s. 60.
S. 100
amended by
No. 101/1998
s. 26(6)(o)
(i)–(iii).
No. 6098 s. 61.
S. 101(1)
amended by
No. 101/1998
s. 26(6)(p)(i).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 101
premises or to the making of the order) use
the premises or permit the premises to be
used for any purpose other than residence—
until after the expiration of a period of three years
immediately succeeding the date on which the
premises were vacated, possession of the premises
was recovered, or the ejectment effected.
(2) Nothing in the last preceding sub-section shall
prevent—
(a) the letting of any portion of the prescribed
premises which is not reasonably required by
the lessor or purchaser, as the case may be,
but so that the total rent obtained is not
greater than a reasonable rent for the whole
of the premises less a reasonable deduction
for the portion of the premises not so let; or
(b) where notice to quit has been given on the
ground specified in paragraphs (h), (i), (l) or
(m) the letting of the premises—
(i) to a minister of religion;
(ii) to a beneficiary under the trust or in the
estate; or
S. 101(2)(b)(iii)
amended by
No. 74/2000
s. 3(Sch. 1
item 69.3).
(iii) to some person who is in the employ of
or about to become an employee of or
who has entered into or is about to enter
into a share-farming agreement with,
the lessor in consequence of that
employment or agreement—
respectively.
(3) A transaction entered into in contravention of subsection (1) of this section shall not thereby be
invalidated, but nothing in this sub-section shall
affect the liability of any person to any penalty in
respect of any contravention of that sub-section.
100
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 103
(4) In this section, "the appropriate court or
tribunal" means—
*
S. 101(4)
amended by
No. 101/1998
s. 26(6)(p)(ii).
(a) where an order has been made by the
Tribunal for the recovery of possession of
the premises or for the ejectment therefrom
of the lessee—the Tribunal; and
S. 101(4)(a)
amended by
No. 101/1998
s. 26(6)(p)(iii)
(iv).
(b) in any other case—the Magistrates' Court.
S. 101(4)(b)
amended by
Nos 7876
s. 2(3),
57/1989
s. 3(Sch. item
112.19).
*
*
*
*
103. Acceptance of rent not to waive notice to quit
S. 102
repealed by
No. 101/1998
s. 26(6)(q).
No. 6098 s. 63.
Where notice to quit any prescribed premises has
been given, whether before or after the
commencement of this Act—
(a) any demand by the lessor for payment of
rent, or of any sum of money as rent, in
respect of any period within six months after
the giving of the notice;
(b) the commencement of proceedings by the
lessor to recover rent, or any sum of money
as rent, in respect of any such period; or
(c) the acceptance of rent, or of any sum of
money as rent, by the lessor in respect of any
such period—
shall not of itself constitute evidence of a new
tenancy or operate as a waiver of the notice.
No. 6098 s. 64.
101
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 104
104. Persons not to interfere with use or enjoyment of
premises
(1) A person shall not, without the consent of the
lessee of prescribed premises, or without
reasonable cause (proof whereof shall lie upon the
defendant) do or cause to be done any act, or omit
or cause to be omitted any act whereby the
ordinary use or enjoyment by the lessee of the
premises or of any goods leased therewith, or of
any conveniences usually available to the lessee,
or of any services supplied to or provided in
connexion with the premises is interfered with or
restricted.
(2) Where the lessor or any agent or servant of the
lessor has been convicted of an offence against the
last preceding sub-section, the court may order the
lessor to do such things as are necessary to enable
the lessee to resume the ordinary use or enjoyment
of the premises, goods, conveniences or service,
and the lessor shall comply with the provisions of
the order.
(3) For the purposes of this section conveniences shall
be deemed to be usually available to the lessee
where, prior to the use of the conveniences having
been interfered with or restricted without his
consent, he has been allowed at all times during
the tenancy to use those conveniences as he
desired or he has been allowed to use those
conveniences at times agreed to by the lessor and
lessee or at times equivalent to those times.
No. 6098 s. 65.
105. Protection of certain sub-lessees
(1) Where—
(a) a lessor, either expressly or by implication,
has consented to or approved a sub-lease of
any prescribed premises or any part thereof
by the lessee; and
102
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 105
(b) the lessee ceases to be in possession of the
premises, following upon—
(i) the obtaining of an order by the lessor
for the recovery of possession of the
premises from the lessee or for the
ejectment of the lessee from the
premises on any of the grounds
specified in paragraphs (a) to (f) or
paragraph (s) or paragraph (t) of subsection (6) of section eighty-two of this
Act; or
(ii) the surrender of his lease by the
lessee—
the sub-lessee shall (if he is in possession of the
whole or portion of the premises sub-let to him)
be deemed to become the lessee thereof from the
lessor upon the same terms and conditions as the
terms and conditions of the sub-lease, as in force
immediately prior to—
the date on which the lessor gave notice to
quit to the lessee; or
the date on which the lessee notified the
lessor of his intention to surrender the lease
(or, if he did not so notify the lessor, the date
on which the lessee surrendered the lease)—
as the case may be.
(2) In a case to which sub-paragraph (i) of paragraph
(b) of the last preceding sub-section applies, the
order shall not be enforced against the sub-lessee.
(3) Where, prior to the lessor of any prescribed
premises giving notice to quit to the lessee upon
any of the grounds specified in sub-section (6) of
section eighty-two of this Act the lessee of the
prescribed premises has sub-let the whole or any
part thereof—
103
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 106
(a) the lessee shall, upon service of the notice to
quit, forthwith notify the lessor in writing of
the name and address of each person to
whom he has so sub-let and who is a sublessee of the prescribed premises or any part
thereof at the date of service of the notice to
quit;
(b) the lessor shall, upon taking proceedings for
the recovery of possession of the prescribed
premises or for the ejectment of the lessee
therefrom, serve (in the manner prescribed
by section thirty-two of this Act) a copy of
the complaint and summons thereon on each
person specified in the notice given to him
under this section.
(4) On the hearing of any proceedings by a lessor for
an order for the recovery of possession of any
prescribed premises or for the ejectment of the
lessee therefrom, every person who is a sub-lessee
of such premises or any part thereof shall be
entitled to be heard.
No. 6098 s. 66.
S. 106
amended by
Nos 8208
s. 14(a)(b),
27/2001
s. 3(Sch. 1
item 7.6).
106. Protection of certain persons in possession of
premises
Where the lessee of any prescribed premises dies
and a person, being the partner of the deceased
lessee, who resided with the lessee immediately
prior to his death is actually in possession of the
premises immediately after the death of the lessee
that person shall have the like right to continue in
possession of the premises as the lessee would
have had if he had not died, but proceedings may
be taken against that person for the ejectment of
that person from the premises or for the recovery
of possession of the premises from that person in
accordance with the provisions of this Division as
if he were a lessee of the premises.
104
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 107
107. Costs in ejectment proceedings
(1) Where application is made for an order for
recovery of possession of or ejectment from any
prescribed premises on the ground specified in
paragraph (a) of sub-section (6) of section eightytwo of this Act, the Tribunal, whether or not it
makes the order sought, may in its discretion
make an order against the lessee for payment of
costs if it is satisfied that at the time of service of
the notice to quit the rent was in arrear for a
period of not less than twenty-eight days.
No. 6098 s. 67.
S. 107(1)
amended by
Nos 8181
s. 2(1)(Sch.
item 100),
101/1998
s. 26(6)(r).
(2) Except where the contrary is expressly provided,
no costs shall be allowed in any proceedings in
relation to which this Division applies, not being
proceedings in respect of an offence arising under
this Division.
Division 3A—Premises Ceasing to be Prescribed Premises
Pt 5 Div. 3A
(Heading and
s. 107A)
inserted by
No. 8208
s. 15(1)(a).
107A. Premises ceasing to be prescribed premises
S. 107A
inserted by
No. 8208
s. 15(1)(a).
(1) Where the lessor of prescribed premises is of the
opinion that the total earnings and, income, of the
lessee and of the members of the family of the
lessee ordinarily residing at the premises is such
that no hardship will be caused to the lessee if the
premises cease to be prescribed premises, the
lessor may—
(a) where the premises are prescribed premises
(including special premises) by virtue of an
Order of the Governor in Council made
pursuant to section 44 or 45, apply to a
Board for a declaration;
105
S. 107A(1)
amended by
Nos 9514
s. 156, 9786
s. 2(3).
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 107A
(b) where the premises are prescribed premises
other than by virtue of an Order of the
Governor in Council made pursuant to
section 44 or 45, apply to a Board for a
determination—
that because of the financial position of the lessee
and the members of the family of the lessee
ordinarily residing at the premises, the premises
should cease to be prescribed premises.
S. 107A(2)
amended by
Nos 9514
s. 156, 9786
s. 2(3).
(2) In order to ascertain the total earnings and,
income, of the lessee and all the members of the
family of the lessee ordinarily residing at the
premises the Board may require the lessee to
produce evidence to the satisfaction of the Board
by way of statutory declaration of the names of
the lessee and the said members of his family and
the occupation or occupations and the total
earnings and income, of each person.
(3) Where the lessee fails to produce evidence to the
satisfaction of the Board as required by subsection (2) the Board may presume that the lessee
will not suffer financial hardship if the premises
cease to be prescribed premises.
(4) In this section "member of the family of a
lessee" means—
S. 107A(4)(a)
amended by
No. 27/2001
s. 3(Sch. 1
item 7.7(a)(b)).
(a) the partner and children and the partners and
children of such children of the lessee; and
S. 107A(4)(b)
amended by
No. 27/2001
s. 3(Sch. 1
item 7.7(a)).
(b) the parents brothers sisters uncles aunts
nephews and nieces of the lessee and the
partner of the lessee and of any former
partner of the lessee and any children of that
partner who are not the children of the
lessee.
106
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 108
(5) Where the Board—
(a) declares that in its opinion the premises
referred to in paragraph (a) of sub-section (1)
should cease to be prescribed premises, the
Board shall send its findings to the Minister
for transmission to the Governor in Council
for such action as the Governor in Council
thinks fit;
(b) determines that premises referred to in
paragraph (b) of sub-section (1) should cease
to be prescribed premises, then,
notwithstanding anything to the contrary in
this Part, the provisions of this Part shall as
from the date specified in the determination
cease to apply to those premises.
(6) The costs in respect of any action taken under this
section shall be determined by the Board and paid
by the lessor.
Division 4—Miscellaneous
108. Threats and boycotts prohibited
(1) No person shall by any threat or in any other
manner endeavour to dissuade or prevent a lessor
or lessee from making or prosecuting any
application under this Part or taking or continuing
any proceedings in relation to which this Part
applies.
(2) Any owner of any prescribed premises and the
agent of any such owner who refuses or procures
any person to refuse to lease those premises to any
other person who desires to lease them, if the
reason for that refusal was that that other person
had made an application to a Board under this Part
or had prosecuted an appeal under this Part, shall
be guilty of an offence against this Part.
107
No. 6098 s. 68.
S. 108
amended by
No. 6623 s. 4.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 109
(3) Any person who does or procures to be done any
act or thing for the purpose of imposing any
detriment or disadvantage upon a lessor or lessee
because the lessor or lessee has made an
application under this Part or has prosecuted an
appeal under this Part shall be guilty of an offence
against this Part.
S. 108(4)
inserted by
No. 6623 s. 4.
No. 6098 s. 69.
(4) Any person who by any false representation as to
the facts relative to any lease or other relationship
between lessor or lessee or as to the rights or
obligations of lessors or lessees or other persons
or as to the operation of any provision of this Act
or by any threat or intimidation of false promise
coerces or induces or attempts to coerce or induce
any person to sign any agreement in writing which
has the effect or is intended to have the effect of
fixing the fair rent of any premises for the
purposes of this Part or any other agreement
relating to any lease or tenancy in respect of any
premises, whether prescribed premises or not,
shall be guilty of an offence against this Part.
109. Contract to avoid Part
Any contract or arrangement, whether oral or in
writing, the purpose or effect of which is either
directly or indirectly to defeat evade or prevent
the operation of this Part shall be null and void.
No. 6098 s. 70.
110. Powers of entry and inspection
(1) For the purposes of this Part any authorized
officer may—
(a) enter into and upon any prescribed premises
at any reasonable time for the purpose of
examining the premises;
(b) require any person being the lessor or lessee
of any prescribed premises or being the agent
of any such lessor or lessee, to answer any
question relating to any lease thereof or any
108
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 110
sub-lease of any part thereof, or to the
accommodation provided under any such
lease or sub-lease, or to the rent payable
under or any conditions of any such lease or
sub-lease, or to the rent payable in respect of
the premises at the thirty-first day of
December One thousand nine hundred and
forty or at any other date, or to the number of
lodgers or boarders occupying the premises
or any part or parts thereof or to the fees or
charges payable by such lodgers or boarders
or to the services provided for such lodgers
or boarders; and
(c) require any person being the lessor or lessee
of any prescribed premises or being the agent
of any such lessor or lessee, to produce any
rent book, receipt or other document in his
possession or power for the purposes of
ascertaining the rent paid under any lease
thereof or any sub-lease of any part thereof
or the rent payable in respect of the premises
at the thirty-first day of December One
thousand nine hundred and forty or at any
other date, and examine and make copies of
any such rent book, receipt or document.
(2) Any person who—
(a) refuses admission to any prescribed premises
to any authorized officer or who obstructs or
hinders any authorized officer; or
(b) refuses to answer any question put by any
authorized officer as provided by paragraph
(b) of sub-section (1) of this section or who
wilfully gives any false answer to any such
question; or
(c) refuses or omits to produce any rent book,
receipt or document in his possession or
power when required by any authorized
109
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 111
officer so to do as provided by paragraph (c)
of sub-section (1) of this section—
shall be guilty of an offence against this Part.
(3) The provisions of the last preceding sub-section
(except paragraph (a) thereof) shall extend and
apply to and with respect to any person who is
before a Board in any proceedings under this Part
and who is required by the Board to answer any
question referred to in paragraph (b) or to produce
any rent book, receipt or document referred to in
paragraph (c) of sub-section (1) of this section.
No. 6098 s. 71.
S. 111
amended by
No. 74/2000
s. 3(Sch. 1
item 69.4).
111. Rights of lessor in respect of prescribed premises
(1) Subject to the express covenants and stipulations
in any lease, the lessor of prescribed premises
shall have the following rights, namely—
(a) a right by himself or his servant or agent to
enter and inspect the premises at any
reasonable time between nine o'clock in the
morning and six o'clock in the evening of
any week day on not more than two
occasions in any year and for not more than
one hour on each such occasion after not less
than seven days' notice in writing has been
given to the lessee;
(b) a right by himself his agents servants
workmen or contractors to enter the premises
at any reasonable time for the purpose of
effecting necessary repairs or maintenance
after reasonable notice, whether verbal or in
writing, has been given to the lessee;
(c) a right to have the premises entered and
inspected during a period of not more than
two weeks in any year of which not less than
fourteen days' notice in writing has been
given to the lessee, by any prospective
purchasers, duly authorized in writing in that
110
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 111
behalf by the lessor or his agent, at any
reasonable time between nine o'clock in the
morning and six o'clock in the evening of
any week day and after reasonable notice,
whether verbal or in writing, in respect of
each such inspection has been given to the
lessee; and
(d) a right to exhibit on the outside of the
premises during a period of not more than
two weeks in any year a notice of reasonable
size to the effect that the premises are for
sale—
and any lessee who refuses entry to or obstructs or
impedes or interferes with the lessor his servant
agent workmen or contractor or any prospective
purchaser in the exercise of any such right or who
fails to take such reasonable steps as are necessary
to allow the exercise of any such right shall be
guilty of an offence against this Part.
(2) Without prejudice to the generality of its meaning,
the expression "reasonable time", wherever
occurring in the last preceding sub-section, shall,
in the case of a dwelling-house, be deemed not to
include any time at which the lessee and the other
adult members of his household are ordinarily
absent from the dwelling-house in the course or
by reason of their respective trades, businesses,
occupations or employments.
112. Dwelling-house not to be sold unless tenant given
opportunity to purchase
No. 6098 s. 72.
(1) A person shall not sell or agree to sell any
prescribed premises, being a single dwellinghouse which is occupied by a lessee, to any person
other than the lessee unless—
(a) the premises are sold or offered for sale at an
auction sale of which not less than fourteen
111
S. 112(1)(a)
amended by
No. 6828 s. 11.
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 112
days' notice in writing has been given to the
lessee; or
(b) the vendor has first offered in writing to sell
the premises to the lessee at a price not
greater than the price at which the premises
are actually sold or agreed to be sold and
upon terms as to payment and otherwise not
less favourable to the lessee than the terms
upon which the premises are actually sold or
agreed to be sold and the lessee has not
accepted that offer within fourteen days after
the receipt thereof by him:
Provided that nothing in this sub-section shall be
construed as prohibiting the vendor from entering
into and giving effect to a contract to sell the
premises to any person conditionally upon the
lessee's rejection of an offer of sale of the
premises made in accordance with paragraph (b)
of this sub-section.
(2) A person shall not sell or agree to sell any
prescribed premises, being a single dwellinghouse which is occupied by a protected person
within the meaning of sub-section (2) of section
ninety-three of this Act, to any other person unless
he has first notified the purchaser in writing that
the premises are occupied by such a protected
person. Where the vendor after reasonable inquiry
is unable to ascertain whether or not the occupier
of the dwelling-house is such a protected person it
shall be a sufficient compliance with the foregoing
provisions of this sub-section if the vendor
notifies the purchaser in writing to that effect.
(3) Whenever any prescribed premises, being a single
dwelling-house which is occupied by a lessee, are
sold or agreed to be sold to any person, the vendor
and the purchaser of the premises shall, within
seven days after the premises have been so sold or
112
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 113
agreed to be sold, give to the lessee notice in
writing of the fact of such sale or agreement to
sell and of the name and address of the purchaser.
(4) Any person who contravenes or fails to comply
with any provision of this section shall be guilty
of an offence against this Part, but such
contravention or failure shall not invalidate any
contract or agreement.
No. 6098 s. 73.
113. Service of notices
(1) Any notice (other than a notice to quit) required
by this Part to be given to or served upon any
person may be given or served—
(a) by delivering it to that person; or
(b) by leaving it at his usual or last known place
of abode or business with some person
thereat who is apparently over the age of
sixteen years; or
(c) by sending it by registered post addressed to
that person at his usual or last known place
of abode or business.
(2) Any notice required by this Part to be given to or
served upon any person may, if the person is a
company or body corporate or an authorized
officer, be given or served—
(a) by delivering it to the manager or secretary
of the company or body corporate; or
(b) by leaving it at the office or place of business
of the company body corporate or authorized
officer with some person thereat who is
apparently over the age of sixteen years; or
(c) by sending it by registered post to the
company or body corporate or the authorized
officer at its or his office or place of
business.
113
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 114
(3) Where any notice by an authorized officer is
required by this Part to be given to or served upon
a person whose address is unknown to the
authorized officer, it may be given or served by
publishing it or a notice substantially to the same
effect once in the Government Gazette and once
in a daily newspaper circulating generally in
Victoria.
No. 6098 s. 74.
114. Notice to lessor or lessee
(1) Any notice required by this Part to be given to or
served upon a lessor under the lease of any
prescribed premises shall be deemed to have been
duly given or served if it is given to or served
upon the person to whom the rent payable under
the lease is customarily paid by or on behalf of the
lessee.
(2) Any notice (other than a notice to quit) required
by this Part to be given to or served upon a lessee
under the lease of any prescribed premises shall
be deemed to have been duly given or served if it
is given to or served upon the person by whom the
rent payable under the lease is customarily paid on
behalf of the lessee.
(3) If two or more persons are lessors under any lease
of any prescribed premises it shall be a sufficient
compliance with any provision of this Part
requiring any notice to be given to or served upon
those lessors if the notice is given to or served
upon any one of those lessors.
(4) If two more persons are lessees under any lease of
any prescribed premises it shall be a sufficient
compliance with any provision of this Part
requiring any notice to be given to or served upon
those lessees if the notice is given to or served
upon any one of those lessees.
114
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 115
115. Continued operation of notice
No. 6098 s. 75.
Any notice required by this Part to be given to or
served upon any lessor or lessee shall, if it has
once been duly given to or served upon that lessor
or lessee, be binding on all persons claiming by,
from, or under that lessor or lessee and all
subsequent lessors or lessees to the same extent as
if given to or served upon the person claiming as
aforesaid or subsequent lessors or lessees
respectively.
116. As to onus of proof that premises are prescribed
premises
In any proceedings under or arising out of this
Part any premises to which the proceedings relate
shall be deemed to be prescribed premises within
the meaning of this Part and the provisions of
Divisions two, three and four of this Part shall be
deemed to apply with respect to those premises or
to any lease of those premises (as the case
requires) until the contrary is proved.
117. Offences and penalties
No. 6098 s. 76.
S. 116
substituted by
No. 6828 s. 12.
No. 6098 s. 77.
(1) Any person who contravenes or fails to comply
with any provision of this Part shall be guilty of
an offence against this Part.
(2) Any person who is guilty of an offence against
this Part shall be liable to a penalty of not more
than $1,000 or to imprisonment for a term of not
more than twelve months or to both such penalty
and imprisonment.
No. 6098 s. 78.
118. Regulations
(1) The Governor in Council may make regulations
for or with respect to prescribing all matters and
things which are by this Part authorized or
required to be prescribed or which are necessary
or expedient to be prescribed for the purposes of
or for giving effect to this Part.
115
Landlord and Tenant Act 1958
Act No. 6285/1958
Part V—Control of Rents and Recovery of Possession
s. 118
(2) Any such regulations may prescribe a penalty of
not more than $20 for any breach of the
regulations.
S. 118(3)
repealed by
No. 6886 s. 3
(Sch.).
*
*
*
__________________
116
*
*
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 1
SCHEDULES
FIRST SCHEDULE
No.
Title of Act
Extent of Repeal
3710
Landlord and Tenant Act
1928
So much as is not already
repealed
5602
Statute Law Revision Act 1951
The item in the Schedule
referring to the Landlord and
Tenant Act 1928
5846
Statutes Amendment Act 1954
Section 6
6098
Landlord and Tenant
(Control) Act 1957
The whole
__________________
117
Section 2.
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 2
Sections 3
and 6.
SECOND SCHEDULE
This indenture made
day of
One thousand nine hundred and
[or other year] in pursuance of the Landlord and Tenant Act 1958
[here insert the names of the parties and recitals if any] witnesseth that the
said [lessor] or [lessors] doth or do demise unto the said [lessee] or [lessees]
his [or their] heirs or executors administrators and assigns [as the case may
be] all etc. [parcels] from
the
day of
for the term of
thence ensuing
yielding and paying therefor during the said term the rent of [state the rent
and mode of payment].
In witness whereof the said parties hereto have hereunto set their
hands and seals.
__________________
118
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 3
THIRD SCHEDULE
DIRECTION AS TO THE FORMS IN THIS SCHEDULE
1.
Parties who use any of the forms in the first column in this schedule
may substitute for the words "lessee" or "lessor" any name or names and
in every such case corresponding substitutions shall be taken to be made
in the corresponding forms in the second column.
2.
Such parties may substitute the feminine gender for the masculine or the
plural number for the singular in the forms in the first column of this
schedule and corresponding changes shall be taken to be made in the
corresponding forms in the second column.
3.
Such parties may fill up the blank spaces left in the forms 4 and 5 in the
first column of this schedule so employed by them with any words or
figures and the words or figures so introduced shall be taken to be
inserted in the corresponding blank spaces left in the forms embodied.
4.
Such parties may introduce into or annex to any of the forms in the first
column any express addition to exceptions from or express
qualifications thereof respectively and the like additions exceptions or
qualifications shall be taken to be made from or in the corresponding
forms in the second column.
5.
Where the premises demised shall be of freehold tenure the covenants
1 to 10 shall be taken to be made with and the proviso 11 to apply to the
heirs and assigns of the lessor and where the premises demised shall be
of leasehold tenure the covenants and proviso shall be taken to be made
with and apply to the lessor his executors administrators and assigns
unless otherwise stated.
119
Sections 3
and 6.
Sch. 3
amended by
No. 7332 s. 2
(Sch. 1
item 52).
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 3
Column 1
Column 2
1. That the said
[lessee] covenants
with the said
[lessor] to pay rent
1. And the said lessee doth hereby for himself his
heirs executors administrators and assigns covenant
with the said lessor that he the said lessee his
executors administrators and assigns will during the
said term pay unto the said lessor the rent hereby
reserved in manner hereinbefore mentioned without
any deduction whatsoever.
2. And to pay taxes
2. And also will pay all taxes rates duties and
assessments whatsoever now charged or hereafter to
be charged upon the said demised premises or upon
the said lessor on account thereof.
3. And to repair
3. And also will during the said term well and
sufficiently repair maintain pave empty cleanse
amend and keep the said demised premises with the
appurtenances in good and substantial repair
together with all chimney-pieces windows doors
fastenings water-closets cisterns partitions fixed
presses shelves pipes pumps pales rails locks and
keys and all other fixtures and things which at any
time during the said term shall be erected and made
when where and so often as need shall be.
4. And to paint
outside every year
4. And also that the said lessee his executors
administrators and assigns will in every year in the
said term paint all the outside wood-work and ironwork belonging to the said premises with two coats
of proper oil colours in a workmanlike manner.
5. And to paint and
paper inside every
year
5. And also that the said [lessee] his executors
administrators and assigns will in every year paint
the inside wood iron and other works now or usually
painted with two coats of proper oil colours in a
workmanlike manner and also will repaper with
paper of a quality as at present such parts of the
premises as are now papered and also wash stop
whiten or colour such parts of the said premises as
are now plastered.
120
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 3
Column 1
Column 2
6. And to insure
from fire in the
joint names of the
said [lessor] and
the said [lessee]
6. And also that the said lessee his executors
administrators and assigns will forthwith insure the
said premises hereby demised to the full value
thereof in some respectable insurance office in the
joint names of the said lessor his executors
administrators and assigns and the said lessee his
executors administrators and assigns and keep the
same so insured during the said term and will upon
the request of the said lessor or his agent show the
receipt for the last premium paid for such insurance
for every current year and as often as the said
premises hereby demised shall be burnt down or
damaged by fire all and every the sum or sums of
money which shall be recovered or received by the
said [lessee] his executors administrators or assigns
for or in respect of such insurance shall be laid out
and expended by him in building or repairing the
said demised premises or such parts thereof as shall
be burnt down or damaged by fire as aforesaid.
7. And that the said
[lessor] may enter
and view state of
repair and that the
said [lessee] will
repair according to
notice
7. And it is hereby agreed that it shall be lawful for
the said lessor and his agents at all seasonable times
during the said term to enter the said demised
premises to take a schedule of the fixtures and things
made and erected thereupon and to examine the
condition of the said premises and further that all
wants of reparation which upon such views shall be
found and for the amendment of which notice in
writing shall be left at the premises the said lessee
his executors administrators and assigns will within
three calendar months next after every such notice
well and sufficiently repair and make good
accordingly.
8. That the said
[lessee] will not
use premises as a
shop
8. And also that the said lessee his executors
administrators and assigns will not convert use or
occupy the said premises or any part thereof into or
as a shop warehouse or other place for carrying on
any trade or business whatsoever or suffer the said
premises to be used for any such purpose or
otherwise than as a private dwelling house without
the consent in writing of the said lessor.
121
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 3
Column 1
Column 2
9. And will not
assign without
leave
9. And also that the said [lessee] shall not nor will
during the said term assign transfer or set over or
otherwise by any act or deed procure the said
premises or any of them to be assigned transferred
or set over unto any person or persons whomsoever
without the consent in writing of the said [lessor] his
executors administrators or assigns first had and
obtained.
10. And that he
will leave premises
in good repair
10. And further that the said [lessee] will at the
expiration or other sooner determination of the said
term peaceably surrender and yield up unto the said
lessor the said premises hereby demised with the
appurtenances together with all buildings erections
and fixtures now or hereafter to be built or erected
thereon in good and substantial repair and condition
in all respects reasonable wear and tear and damage
by fire only excepted: Provided that nothing in this
covenant shall affect the right of the tenant to
remove buildings erections or fixtures which apart
from this covenant might in the circumstances
existing at the time of such removal properly be
removed by him.
11. Proviso for reentry by the said
lessor on nonpayment of rent or
non-performance
of covenants
11. Provided always and it is expressly agreed that if
the rent hereby reserved or any part thereof shall be
unpaid for fifteen days after any of the days on
which the same ought to have been paid (although
no formal demand shall have been made thereof) or
in case of the breach or non-performance of any of
the covenants and agreements herein contained on
the part of the said lessee his executors
administrators and assigns then and in either of such
cases it shall be lawful for the said lessor at any time
thereafter into and upon the said demised premises
or any part thereof in the name of the whole to reenter and the same to have again repossess and
enjoy as of his or their former estate anything
hereinafter contained to the contrary
notwithstanding.
122
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 3
Column 1
Column 2
12. The said
[lessor] covenants
with the said
[lessee] for quiet
enjoyment
12. And the lessor doth hereby for himself his heirs
executors administrators and assigns covenant with
the said lessee his executors administrators and
assigns that he and they paying the rent hereby
reserved and performing the covenants hereinbefore
on his or their part contained shall and may
peaceably possess and enjoy the said demised
premises for the term hereby granted without any
interruption or disturbance from the said lessor his
executors administrators or assigns or any other
person or persons lawfully claiming by from or
under him them or any of them.
__________________
123
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 4
Section 32.
FOURTH SCHEDULE
No. 5264
s. 85(d).
Sch. 4
amended by
Nos 7703 s. 5,
7876 s. 2(3),
57/1989
s. 3(Sch. item
112.20(a)(b)).
COMPLAINT AND SUMMONS THEREON
In the Magistrates' Court }
at
}
A.B. Complainant.
C.D. Defendant.
The complaint of the said
of
in the State of Victoria,
who saith that the said defendant neglects [or refuses] to quit and deliver up
possession of [shortly describe property held over]
situated at
which was held of the said complainant under a
tenancy [nature of tenancy] which expired by effluxion of time [or was
determined by notice to quit] on the
day of
19 .
Complainant [or agent for
the said complainant]
To
of
Whereas the above complaint has this day been laid by the above-named
complainant before me, a Magistrate [or the Registrar of the Magistrates'
Court
].
These are therefore to command you in her Majesty's name to be and appear
on the
day of
19 at the hour of
o'clock in
the
noon at the said Magistrates' Court at
to
answer to the said complaint and to show cause why a warrant should not be
issued to eject you from the premises.
Dated at
the
day of
19
.
Magistrate
[or Registrar of Magistrates' Court].
__________________
124
Landlord and Tenant Act 1958
Act No. 6285/1958
Sch. 5
Section 33.
FIFTH SCHEDULE
No. 5291
s. 17(b).
WARRANT TO MEMBER OF THE POLICE FORCE TO TAKE AND
GIVE POSSESSION
In the Magistrates' Court
at
}
A.B.
Complainant.
C.D.
Defendant.
WHEREAS complaint was made by A.B. of
in the State of Victoria
on the
day of
19 that C.D. did neglect (or refuse) to quit
and deliver up possession of (shortly describe property held over) situated
at
which was held of the complainant under a tenancy (nature of
tenancy) which expired by effluxion of time (or was determined by notice to
quit) on the
day of
19
AND WHEREAS such complaint was determined by the Magistrates' Court
at
on the
day of
19
NOW THEREFORE pursuant to the said determination the Court does (or I,
, a registrar of the Court, do) authorize and command you on any
day within
days from the date hereof (except on Sunday Christmas Day
and Good Friday to be added if necessary) between the hours of nine in the
forenoon and four in the afternoon to enter by force if needful and with or
without the aid of (the owner or agent as the case may be) or any other
person or persons whom you may think requisite to call to your assistance
into and upon the said tenement and to eject thereout any person and of the
said tenement full and peaceable possession to deliver to the said
(the owner or agent).
Given this
day of
19
To
and all other members
of the police force acting
for the district of
═══════════════
125
Sch. 5
substituted by
No. 6828 s. 13,
amended by
Nos 7703 s. 5,
7876 s. 2(3),
57/1989
s. 3(Sch. item
112.21(a)(b)).
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
ENDNOTES
1. General Information
The Landlord and Tenant Act 1958 was assented to on 30 September 1958
and came into operation on 1 April 1959: Government Gazette 18 March
1959 page 892.
126
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Landlord and Tenant
Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
Landlord and Tenant (Amendment) Act 1959, No. 6575/1959
Assent Date:
1.12.59
Commencement Date:
1.12.59
Current State:
All of Act in operation
Landlord and Tenant (Fair Rents) Act 1959, No. 6599/1959
Assent Date:
15.12.59
Commencement Date:
1.4.60: see s. 1(3)
Current State:
All of Act in operation
Landlord and Tenant (Further Amendment) Act 1960, No. 6623/1960
Assent Date:
1.6.60
Commencement Date:
1.6.60
Current State:
All of Act in operation
Landlord and Tenant (Amendment) Act 1961, No. 6828/1961
Assent Date:
12.12.61
Commencement Date:
1.3.62: Government Gazette 7.2.62 p. 283
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Landlord and Tenant (Execution of Warrants) Act 1963, No. 6996/1963
Assent Date:
21.5.63
Commencement Date:
21.5.63
Current State:
All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65: s. 3
Current State:
All of Act in operation
Abolition of Bailiwicks Act 1968, No. 7703/1968
Assent Date:
15.10.68
Commencement Date:
1.1.69: Government Gazette 4.12.68 p. 3920
Current State:
All of Act in operation
127
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date:
25.11.69
Commencement Date:
All of Act (except ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70;
ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette
25.2.70 p. 463
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71
Current State:
All of Act in operation
Landlord and Tenant (Amendment) Act 1971, No. 8208/1971
Assent Date:
14.12.71
Commencement Date:
1.5.72: Government Gazette 22.3.72 p. 773
Current State:
All of Act in operation
Magistrates (Summary Proceedings) Act 1975, No. 8731/1975
Assent Date:
16.5.75
Commencement Date:
S. 173 on 1.7.76: Government Gazette 24.3.76 p. 848
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Statute Law Revision Act 1977, No. 9019/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77: subject to s. 2(2)
Current State:
All of Act in operation
Residential Tenancies Act 1980, No. 9514/1980 (as amended by No. 9549)
Assent Date:
23.12.80
Commencement Date:
9.11.81: Government Gazette 21.10.81 p. 3431
Current State:
All of Act in operation
Residential Tenancies (Amendment) Act 1982, No. 9786/1982
Assent Date:
26.10.82
Commencement Date:
S. 3 on 9.11.81: s. 1(3); rest of Act on 5.11.82:
Government Gazette 3.11.82 p. 3589
Current State:
All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
S. 1–11, 13–27, 29–34 on 1.7.86: Government Gazette
25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette
27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette
7.10.87 p. 2701
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
128
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
State Concessions (Amendment) Act 1987, No. 48/1987
Assent Date:
15.9.87
Commencement Date:
1.12.87: Government Gazette 18.11.87 p. 3072
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 67.1–67.3) on 1.11.89:
Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
Unclaimed Moneys (Amendment) Act 1993, No. 70/1993
Assent Date:
5.10.93
Commencement Date:
5.10.93: s. 2
Current State:
All of Act in operation
Financial Management Act 1994, No. 18/1994
Assent Date:
10.5.94
Commencement Date:
S. 66(Sch. 2 item 13) on 1.7.94: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 45) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Residential Tenancies Act 1997, No. 109/1997
Assent Date:
23.12.97
Commencement Date:
S. 533(Sch. 2 item 6) on 1.7.98: Government Gazette
18.6.98 p. 1512
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
129
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date:
1.12.98
Commencement Date:
S. 26 on 1.2.99: Government Gazette 24.12.98 p. 3204
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 69) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 3(Sch. 1 item 7) on 28.6.01: Government Gazette
28.6.01 p. 1428
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 40) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Landlord and Tenant Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court Rules 1980, S.R. No. 482/1980
Date of Making:
23.12.80
Date of Commencement:
1.2.81: reg. 1(1)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government Gazette 18 February 1960 page 407
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
130
Landlord and Tenant Act 1958
Act No. 6285/1958
Endnotes
3. Explanatory Details
No entries at date of publication.
131