New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 81A

81A Court may order that certain dwelling-houses remain subject to this Act

(1) A court for the district in which prescribed premises, being a dwelling-house that is not exempt by section 5AA or 5A from the provisions of Parts 2, 3, 4 and 5 to the extent provided by that section, are situated, shall, on application in that behalf made by the lessee of the premises, order that the premises, if vacated by the lessee, shall remain subject to the provisions of this Act in all respects as though section 5AA or 5A, as the case may be, had not been enacted, if the court is satisfied that:

(a) the lessor has done, or caused to be done, any act, or omitted, or caused 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 service supplied to, or provided in connection with, the premises is interfered with or restricted,

(b) that the lessor has by his or her conduct endeavoured to improperly induce the lessee to vacate the premises,

(c) that the lessor has unreasonably caused expense and inconvenience to the lessee by requiring him or her to defend proceedings under this Act for the recovery of the premises from the lessee and that those proceedings were vexatious,

(d) the lessor has allowed the premises to fall into a dilapidated or dangerous condition.

(2) Notwithstanding anything contained in subsection (1), the court, although satisfied of any one or more of the matters specified in paragraphs (a), (c) and (d) of subsection (1), may refuse to make the order if the lessor satisfies the court that his or her conduct in relation to that matter or those matters was not intended to induce the lessee to vacate the premises.

(3) An order under this section:

(a) shall remain in force for such period as is specified in the order or until the court otherwise orders, and

(b) shall have effect according to its tenor.

(4) Where an order is made under this section, the registrar of the court shall forthwith forward a copy of the order to the Director-General who shall enter particulars of the order in a register kept for the purpose.

(5) 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 or her consent, he or she has been allowed, at all times during the tenancy, to use those conveniences as he or she desired or he or she has been allowed to use those conveniences at times agreed to by the lessor and lessee or at times equivalent to those times.

(6) In this section "court" means the Local Court.