New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948

- As at 19 May 2010
- Act 25 of 1948

TABLE OF PROVISIONS

           Long Title

           PART 1 - PRELIMINARY
   1.      Name of Act and commencement
   2.      Repeal of Act No 37, 1939
   3.      (Repealed)
   4.      Savings
   5.      Crown not bound
   5AA.    No new protected tenancies to be created from 1 January 1986
   5AB.    Evidence of vacant possession
   5A.     Parts 2, 3, 4 and 5 not to apply to certain premises
   6.      Declarations as to application of Act
   6A.     Special premises
   7.      Holiday premises
   8.      Definitions
           PART 2 - FAIR RENTS

           Division 1 - Administration

   9.      Constitution and abolition of Fair Rents Board
   10.     Procedure of Fair Rents Boards
   11.     (Repealed)
   12.     Powers of Director-General and Fair Rents Boards
   13.     Clerk of Fair Rents Board
   14.     Officers and employees

           Division 2 - (Repealed)
           None

           Division 2A - Rent of prescribed premises by agreement

   17A.    Fixing of rent of prescribed premises by agreement

           Division 2B - Rent of certain prescribed premises subject to fixed term leases

   17B.    Rent under certain fixed term leases

           Division 3 - Rent of prescribed premises other than shared accommodation

   18.     Application to have fair rent fixed
   19.     Notice of application
   20.     Determination of application
   21.     Matters to be considered
   22.     Date of operation of determination
   23.     Effect of determination
   23A.    Premises not leased
   24.     Fair Rents Board may determine fair rent of its own motion
   24A.    Determination based on increased out-goings
   25.     Lease of prescribed premises together with goods
   25A.    Reference of application to Director-General
   25B.    Certain decisions final
   26.     Inspection of prescribed premises

           Division 3A - Rent of shared accommodation outside the Metropolitan Area

   26A.    Application of Division
   26B.    Determination of rent of shared accommodation
   26C.    Variation in arrangement of shared accommodation to be notified
   26D.    Rent of shared accommodation and goods leased therewith

           Division 4 - Rent of shared accommodation within the Metropolitan Area

   26E.    Application of Division
   27.     Determination of rent of shared accommodation
   28.     Variation in arrangement of shared accommodation to be notified
   29.     Rent of shared accommodation and goods leased therewith
   29A.    Reference of application to Fair Rents Board
   30.     Appeal from determination
   31.     Procedure on appeal

           Division 4A - (Repealed)
           None

           Division 4AA - Determination of rents on current values

   31MAA.  Definitions
   31MBA.  Lessor may require information as to net income of lessee and residents of prescribed premises
   31MCA.  Application for determination of fair rent under this Division
   31MDA.  Power of Fair Rents Board to determine fair rent at current value rental
   31MEA.  Fair Rents Board may order costs
   31MFA.  Variation of determinations
   31MGA.  Board to which application may be made
   31MHA.  Notice of application
   31MIA.  Determination of application
   31MJA.  Date of operation of determination
   31MKA.  Lease of prescribed premises together with goods
   31MLA.  Non-application of certain provisions of this Act
   31MMA.  Determination includes variation of determination

           Division 5 - General

   31MA.   Interim determination
   31MB.   Amendment of applications
   31N.    Application by lessor for fair rent determination to indicate amount of rent sought
   31O.    Application by lessor or owner contemplating repairs etc
   32.     Variation of determination
   32A.    (Repealed)
   32B.    Rent of premises partly decontrolled
   33.     Effect of determination
   34.     Lessor to notify change in services supplied or in nature of occupancy
   35.     Premises not to be let at rent exceeding fair rent
   36.     Certain payments prohibited
   36A.    Particulars of certain advertisements to be furnished to the Director-General
   37.     Certain representations etc prohibited
   38.     Refusal to let dwelling-house to applicant with family prohibited
   39.     Dwelling-house not to be let unless in good repair
   40.     Premises leased for holiday purposes only
   41.     Appeals
   42.     Costs not to be allowed
   43.     Fair Rents Board or Director-General not bound to conduct oral hearing
   44.     Summoning of witnesses and production of documents
   45.     Failure to attend or produce documents
   46.     Refusal to be sworn or give evidence
   47.     False testimony
   48.     Protection to and liability of witness
   49.     Protection of reports and proceedings
   50.     Contempt of Board
   51.     Protection of Board
   52.     Information as to fair rent
   53.     Intervention by Minister
   54.     Representation by agent
   55.     Records of rent
   56.     Receipts to be given
   57.     Lessor to ascertain fair rent
   58.     Certificate as to fair rent
   59.     Service of notices
   60.     Service upon agent sufficient
   61.     Courts may order refund of amounts overpaid
           PART 3 - RECOVERY OF POSSESSION OF PRESCRIBED PREMISES
   62.     Restriction on eviction
   62A.    Court may bar lessor’s right to take proceedings where refusal of consent to assignment etc unreasonable
   62B.    Power to assign certain tenancies at will
   63.     Period of notice to quit
   64.     Notice to quit not to be given within six months after determination
   65.     Notice to quit where dwelling-house sold
   66.     Notice to specify grounds
   67.     Notice to quit to terminate lease
   68.     Notice to quit after failure of eviction proceedings
   69.     Competent courts
   69A.    (Repealed)
   70.     Court to consider hardship
   70A.    (Repealed)
   71.     Power to stay proceedings or orders
   72.     Certain applications to operate as stay of execution
   73.     Hearing in chambers
   74.     Appeals
   75.     Ejectment orders not enforceable unless made under this Act
   76.     Court may order compensation for misrepresentation
   77.     Premises not to be sold or re-let in certain cases
   78.     Application to limited class of premises
   79.     Enforcement of orders
   80.     Acceptance of rent not to waive notice to quit
   81.     Persons not to interfere with use or enjoyment of premises
   81A.    Court may order that certain dwelling-houses remain subject to this Act
   82.     Protection of sub-lessees
   83.     Protection of certain persons in possession of premises
   83A.    Protection of member of the family of deceased lessee
   83B.    NSW Trustee and Guardian’s title not a defence to recovery of possession of prescribed premises after death of lessee in certain cases
   83C.    Periodic leases may not be disposed of by will or pass on intestacy
   84.     Costs to be allowed
   85.     Intervention of Minister
   85A.    Application of certain sections in Part 2
   85B.    Application by solicitor or agent
   86.     Exclusion of premises from operation of Part 3 and Part 5
   86A.    Exclusion of premises from operation of Part 3 and Part 5 where lessor and lessee are employer and employee
   87.     Exclusion of certain subdivided premises etc from operation of Part 3 and Part 5
   87A.    Part 3 not to apply to a dwelling-house let on behalf of an insane patient
   87B.    Exclusion of certain premises from operation of Part 3 and Part 5
           PART 4 - MISCELLANEOUS
   88.     Threats and boycotts prohibited
   88A.    Dwelling-house not to be sold unless tenant given opportunity to purchase
   88B.    Premises not to be sold in certain circumstances
   88C.    Penalty for publishing certain statements
   88D.    Implied powers in lessor
   89.     Contracting out prohibited
   90.     Contracts to evade Act prohibited
   90A.    Certain contracts to be void
   91.     Transactions not invalidated
   92.     Information to be furnished on request
   93.     Powers of entry and inspection
   94.     Proof of instruments
   95.     Offences and penalties
   96.     Regulations
   97.     Regulations may transfer powers of Director-General to Fair Rents Board
   98.     Proceedings for offences
   98A.    Premises to be deemed prescribed premises etc unless the contrary is shown
           PART 5 - PROTECTED PERSONS
   99.     Definitions
   100.    Limitation on power of court to make order for recovery of possession
   101.    Protection of protected person claiming under lessee where tenancy determined
   102.    Sections 100 and 101 not to apply where lessor is a protected person or age pensioner
           103-110. (Repealed)
   111.    Rental of farms by members of the Forces etc
   112.    Prohibition of eviction of dependants of members of the Forces in certain cases
   113.    This Part not to apply in certain cases