New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 26B

26B Determination of rent of shared accommodation

(1) The lessor, or the lessee 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 seven days before the date of the receipt of the application in the office of the clerk of the Board, under a lease of shared accommodation (not being shared accommodation in relation to which a Fair Rents Board is not authorised to exercise the powers conferred by this Part), or the person having power to lease any such shared accommodation which is not leased in exercise of that power, may make application in writing to a Fair Rents Board to determine the fair rent thereof.

(2) Such application shall be made to the Board nearest to the shared accommodation or to any other Board if that other Board is satisfied that hardship will not be occasioned thereby to any party to the determination.

(3) The Board may, if it thinks fit, thereupon cause the shared accommodation to be inspected for the purpose of determining the fair rent thereof.

(4) A Board may of its own motion, from time to time, cause any shared accommodation to be inspected for the purpose of determining the fair rent thereof, whether or not the shared accommodation is leased at the time of inspection.

(5) At least seven days prior to the date fixed for the determination of the fair rent of any shared accommodation, the Board shall cause notice of the time, date and place fixed for the making of the determination to be given to the lessor and lessee of the shared accommodation, or, in the case of shared accommodation which is vacant, to the intending lessor of that shared accommodation, or, in the case of shared accommodation which is not leased and is not vacant, to such persons as the Board considers proper.

(6) After making such inquiries and obtaining such reports (if any) as the Board considers necessary, and after considering any representations made by the lessor (or intending lessor), and any representations made by the lessee (if any), of the shared accommodation, and any representations made by any other person to whom notice was given under subsection (5), the Board shall, subject to subsection (8), determine the fair rent of the shared accommodation at such proportion as the Board deems proper of the fair rent of the prescribed premises of which the shared accommodation forms part or, where the fair rent of those prescribed premises is not the subject of a determination made under this Part, of the amount that would, in the opinion of the Board, be the fair rent of those prescribed premises if they were the subject of such a determination.

(7) Every such determination shall come into force on a date fixed by the Board, but the date so fixed shall not be earlier than the date upon which the application for a determination was received in the office of the clerk of the Board or, in any case in which the Board causes any shared accommodation to be inspected pursuant to subsection (4), not be earlier than the date of such inspection.

(8) In determining the fair rent of any shared accommodation a Board shall have regard to the matters specified in section 21 in so far as they are applicable.

(9) After the making of any such determination, the clerk of the Board shall give notice in writing thereof, and of the date fixed as the date on which the determination shall come into force, to the persons to whom notice of the time, date and place fixed for the making of the determination was given under subsection (5).

(10) Where any fair rent has been determined in pursuance of this section it shall, as from the date on which the determination comes into force:

(a) where that rent is so determined in respect of shared accommodation without goods:

(i) be the fair rent and the rent of the shared accommodation without goods until it is varied in pursuance of this Part, and

(ii) unless a fair rent is also fixed or determined by or under this Part in respect of the shared accommodation together with goods, be the fair rent and the rent of the shared accommodation together with goods until a determination has been made in respect of the shared accommodation together with goods,

(b) where that rent is so determined in respect of shared accommodation together with goods:

(i) be the fair rent and the rent of the shared accommodation together with goods until it is varied in pursuance of this Part, and

(ii) unless a fair rent is also fixed or determined by or under this Part in respect of the shared accommodation without goods, be the fair rent and the rent of the shared accommodation without goods until a determination has been made in respect of the shared accommodation without goods.