New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 83

83 Protection of certain persons in possession of premises

(1) Where:

(a) the tenancy of any prescribed premises is terminated by virtue of the provisions of this Act or of the Commonwealth Regulations,

(b) the person who was the lessee immediately prior to the termination of the tenancy (in this section referred to as "the former lessee") dies after the termination of the tenancy, and

(c) immediately before the death of the lessee:

(i) the spouse of the lessee resided with the lessee and is actually in possession of the premises immediately after the death of the lessee,

(ii) where the spouse of the lessee was not so residing or is not so in possession or the lessee did not have a spouse at the date of his or her death, a child of the lessee (being a child of or over the age of twenty-one years who, at the date of the lessee’s death, was a protected person or was in receipt of a pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth) so resided and is so in possession, or

(iii) where no person referred to in subparagraph (i) or (ii) was so residing or is so in possession, the father or mother of the lessee so resided and is so in possession,

the spouse, or such child, or the father or mother, as the case may be, shall have the like right to continue in possession of the premises as the former lessee would have if he or she had not died, but proceedings may be taken against the person having the right under this subsection to continue in possession of the premises for the recovery of possession of the premises from that person in accordance with the provisions of this Act as if he or she were a lessee of the premises.

(2) Where but for this subsection more than one person would, under subparagraph (ii) or (iii) of paragraph (c) of subsection (1), have had a right to continue in possession of any premises, the elder or eldest of the persons so entitled under such subparagraph shall have that right to the exclusion of any other of those persons.