New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 6A

6A Special premises

(1) The Governor may, by order published in the Gazette, declare that any premises shall be “special premises” for the purposes of this Act and may also by that order declare that each and every part of those premises which is at any time while the order has force or effect the subject of a separate agreement or arrangement whether oral or in writing of leave and licence for the use of that part shall be “special premises” for the purposes of this Act.

(1A)

(a) Any order made under subsection (1) before the commencement of the Landlord and Tenant (Amendment) Act 1954 and having force or effect immediately before such commencement declaring that any premises shall be “special premises” for the purposes of this Act shall have effect and shall be deemed always to have had effect as though that order had also declared that each and every part of those premises which is at any time while the order has force or effect the subject of a separate agreement or arrangement whether oral or in writing of leave and licence for the use of that part shall be “special premises” for the purposes of this Act.

(b) A person shall not, by reason of the enactment of paragraph (a), be guilty of an offence against this Act in respect of anything done or omitted to be done by him or her before the commencement of the Landlord and Tenant (Amendment) Act 1954 , if he or she would not have been so guilty had that paragraph not been enacted.

(2) In the application of this Act to or in respect of “special premises”:

(a) “lease” includes any leave and licence for the use of the “special premises” whether such leave and licence is granted orally or in writing; and “lessor”, “lessee”, “to lease”, and “to let”, and expressions derived therefrom shall have a corresponding meaning,

(b) “rent” includes any payment or consideration in respect of any leave and licence for the use of the “special premises” and for any services provided for or supplied to any person using the “special premises” under leave and licence,

(c)

(i) subsection (3) of section 62 shall be read and construed as if the words “for a period determined in accordance with section 63” were omitted therefrom and the words “for a period of at least seven days or, where a period shorter than seven days is reasonable in the circumstances, for that shorter period” were inserted in lieu thereof,

(ii) subsection (5) of section 62 shall be read and construed as if paragraph (d) thereof were omitted and the following paragraph inserted in lieu thereof:

(d)

(i) that the conduct of the lessee is obnoxious 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

(d) where recovery of possession of the special premises is sought on the ground referred to in subparagraph (i) of paragraph (d) of subsection (5) of section 62, as substituted by subparagraph (ii) of paragraph (c), sections 63 and 72 shall be deemed to be omitted therefrom.

(3)

(a) Where any premises (not being premises that are declared to be “special premises” under subsection (1) or subsection (1A)) are after the commencement of the Landlord and Tenant (Amendment) Act 1958 occupied by any person for the purposes of residence under an agreement or arrangement whether oral or in writing of leave and licence for the use thereof (whether that agreement or arrangement was entered into before or after that commencement, whether or not that agreement or arrangement was entered into in substitution for a lease of such premises or of any part of such premises or of the premises of which such premises form a part, and whether the occupancy by that person for the purposes of residence under that agreement or arrangement commenced before or after that commencement), and such premises or any part of such premises or the premises of which such premises form a part have, after the thirtieth day of June, one thousand nine hundred and forty-nine, and before that agreement or arrangement was entered into, been the subject of a lease (whether the lease was entered into before or after that date and whether or not the lease is still subsisting), the premises shall, subject to paragraphs (b), (c) and (d), be deemed to be “special premises” for the purposes of this Act.

(b) The Governor may, by order published in the Gazette, exempt any class of premises specified in the order from the operation of paragraph (a) and thereupon that paragraph shall not apply to the class of premises so specified.

(c) The Director-General, in his or her discretion, may, either unconditionally or subject to such conditions as he or she thinks fit, issue a certificate excluding any premises from the operation of paragraph (a), for such period as is specified in the certificate and the premises shall, so long as the certificate remains in force, be excluded accordingly.
The Director-General may at any time revoke or vary any certificate issued under this paragraph.

(d) In this subsection the expression “agreement or arrangement whether oral or in writing of leave and licence for the use thereof” in relation to premises does not include such an agreement or arrangement under which the licensee of the prescribed premises is a bona-fide boarder.
In this paragraph "bona-fide boarder" means a licensee who is supplied by the licensor with:

(i) one meal before midday consisting of at least two courses, one of which comprises cereal or porridge and the other of which comprises cooked meat, eggs or a like dish, together with bread (or toast), butter, jam and tea or coffee, and

(ii) one meal after midday consisting of at least two courses, one of which comprises fish or meat (other than in sandwich form) and cooked vegetables,

if the value of the meals so supplied forms a substantial portion of the whole charge paid by the licensee under the agreement or arrangement.

(e) Nothing in this subsection affects the operation of subsection (1).