New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 8

8 Definitions

(1) In this Act, unless the contrary intention appears:
"appeal" means appeal to a Fair Rents Board from a determination of the Director-General.
"authorised officer" means:

(a) a person appointed by the Director-General in writing to be an authorised officer for the purposes of this Act, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 .

"Commonwealth Regulations" means the Regulations having the title of the National Security (Landlord and Tenant) Regulations as in force or as purporting to be in force immediately before the commencement of this Act under the Defence (Transitional Provisions) Act 1946-1947 of the Parliament of the Commonwealth.
"Department" means the Department of Commerce.
"determination" means determination of the fair rent of any premises, or of any premises together with goods leased therewith, made or continued in force under this Act, but does not include a fixing of the rent of any premises under section 17A.
"Director-General" means:

(a) the Commissioner for Fair Trading, Department of Commerce, or

(b) if there is no such position in that Department, the Director-General of that Department.

"Fair Rents Board" or "Board" means a Fair Rents Board constituted or deemed to have been constituted under this Act.
"holiday premises" means any premises which:

(a) during the period commencing on the first day of March, one thousand nine hundred and forty-five, and ending on the sixteenth day of December, one thousand nine hundred and forty-six, have ordinarily been leased for holiday purposes only,

(b) have not at any time during that period been leased to or occupied by any lessee for a continuous period exceeding three months, and

(c) were not, on the sixteenth day of December, one thousand nine hundred and forty-six, leased for purposes other than holiday purposes,

but does not include any such premises which:

(d) at any time after that date are or were leased for purposes other than holiday purposes, or

(e) at any time after that date but before the commencement of the Landlord and Tenant (Amendment) Act 1952 were leased to or occupied by any lessee for a continuous period exceeding three months, or

(f) at any time after the commencement of the Landlord and Tenant (Amendment) Act 1952 are leased to or occupied by any lessee for a continuous period exceeding eight weeks.

"lease" includes every contract for the 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, and also includes any tenancy the existence of which is presumed by operation of section 22A of the Landlord and Tenant Act of 1899 as amended by subsequent Acts, but does not include 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 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 the recovery of possession or ejectment, or any tenancy at will implied at law in any mortgage or agreement for the sale or purchase of land.
"lessor" and "lessee" mean the parties to a lease, or their respective successors in title, and include respectively:

(a) a mesne lessor and a mesne lessee,

(b) a sub-lessor and sub-lessee,

(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, and

(d) the persons who, by operation of section 22A of the Landlord and Tenant Act of 1899 as amended by subsequent Acts are presumed to be the landlord and tenant respectively.

"Metropolitan Area" means such part or parts of the County of Cumberland as may be prescribed as the Metropolitan Area and until any such part or parts are so prescribed means the County of Cumberland.
"Part" means Part of this Act.
"prescribed" means prescribed by this Act or the regulations.
"prescribed premises" means:

(a) where a dwelling-house does not form part of other premises-that dwelling-house,

(b) where premises consist only of a number of dwelling-houses-those premises and each of those dwelling-houses, and

(c) where premises consist partly of dwelling-houses and partly of other premises-such part of the premises as consists of dwelling-houses and each dwelling-house of which that part consists, and includes any land or appurtenances leased with any prescribed premises as defined in paragraph (a), (b) or (c) of this definition.

"rates" includes any rates or charges made or levied by any local authority or other local governing body, including any municipal, shire or county council and water or sewerage authority.
"regulations" means regulations made under this Act.
"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 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 prescribed premises, other than excess water rates,

and where, in any lease:

(c) 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, and

(d) 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, or intended to be 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.
"spouse" of a person includes a person with whom the person has a de facto relationship within the meaning of the Property (Relationships) Act 1984 .
"tax" includes any tax, whether on land or on income derived from land, imposed by any law of the Commonwealth or of the State.
"the prescribed date", in relation to any prescribed premises, means the thirty-first day of August, one thousand nine hundred and thirty-nine.

(1A) In this Act (other than in section 112) unless the contrary intention appears, "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.

(1B) For the purposes only of the definition of "prescribed premises" in subsection (1), "dwelling-house":

(a) includes:

(i) any premises, or the premises included in any class of premises, to which the application of this Act has been extended under subsection (1) of section 6, and

(ii) any premises that are “special premises” for the purposes of this Act, and

(b) does not include any of the following premises that are not premises referred to in paragraph (a), that is to say:

(i) premises that are, by the same lease, leased partly as a dwelling-house and partly as a shop within the meaning of the Shop Trading Act 2008 or that are the subject of a lease part of the demised premises being a dwelling-house and the other part being such a shop,

(ii) premises that are at any time, on or after the first day of January, one thousand nine hundred and sixty-nine, used partly as a dwelling-house and partly for business or commercial purposes where the use of the premises for business or commercial purposes constitutes the principal or a substantial use of the premises and where the use for business or commercial purposes does not arise by reason that the premises are sub-let for residential purposes,

(iii) holiday premises, or

(iv) any premises, or the premises included in any class of premises, excluded from the operation of Parts 2, 3, 4 and 5 under subsection (2) of section 6.

(2) For the purposes of this Act, "lessee" includes a person who remains in possession of premises after the termination of his or her lease of the premises, and "lessor" has a corresponding meaning.

(2A) No prescribed premises forming part of other prescribed premises shall be regarded as not forming a complete residence in themselves by reason only of the fact that a laundry or laundry facilities are used by the lessee of that part in common with any one or more of the following persons, namely, the lessor or other persons occupying other parts of the prescribed premises of which the firstmentioned prescribed premises form a part.

(3) Where the lessor of prescribed premises supplies or provides any service in connection with the premises and a separate charge is made for those services, the amount charged shall, for the purposes of this Act, be deemed to form part of the rent payable under the lease.

(4) Any declarations made or purporting to have been made before the commencement of this Act under paragraph (b) of the definition of "prescribed premises" in sub-regulation one of Regulation eight of the Commonwealth Regulations and in force or purporting to be in force in this State immediately before such commencement shall, in so far as they relate to dwelling-houses that would, but for this subsection, be prescribed premises, have effect in respect of the premises referred to in the declarations as if they were premises referred to in subparagraph (iv) of paragraph (b) of subsection (1B).