New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 86

86 Exclusion of premises from operation of Part 3 and Part 5

(1) The lessor under a lease, or the proposed lessor under a proposed lease, of any prescribed premises for a fixed term may, at any time during the currency of the lease while the lessee is in occupation of the premises, or prior to the commencement of the term of the proposed lease, make application in writing to the Director-General to exclude the premises from the operation of this Part and Part 5.

(2) The applicant shall furnish such information in relation to the application as the Director-General requires.

(3) The Director-General may, in his or her discretion, issue a certificate excluding the premises, for such period as is specified in the certificate, from the operation of the provisions of this Part and Part 5 and the premises shall be excluded accordingly.
The period specified in the certificate shall not exceed seven years unless the lessor and lessee or proposed lessor and proposed lessee under the lease or proposed lease are employer and employee.

(4)

(a) The Director-General may at any time revoke or vary any certificate issued under subsection (3).

(b) The Director-General may grant one or more extensions of any certificate issued under subsection (3) excluding the premises from the operation of the provisions of this Part and Part 5 for a further period or periods but the aggregate of:

(a) the period of the original exemption, and

(b) the period of any extension so granted or, where more than one extension is granted, the total of the periods of extension so granted

shall not exceed seven years, unless the lessor and lessee are employer and employee.

(5) Where any certificate:

(a) is issued under this section for a period in excess of seven years, or

(b) is extended so that the aggregate of:

(i) the period of the original exemption, and

(ii) the period of any extension granted or, where more than one extension is granted, the total of the periods of extension so granted,

is in excess of seven years,

the certificate shall become void and of no effect if the premises the subject thereof are leased to any person other than an employee of the lessor.

(6) Where the fair rent of any prescribed premises is fixed or determined by or under Part 2 in respect of those premises without goods and no determination has been made either before or after the commencement of the Landlord and Tenant (Amendment) Act 1954 in respect of those premises together with goods, the Director-General may in any certificate issued under this section excluding those premises from the operation of this Part and Part 5 specify the rent to be paid for those premises together with goods.
The rent so specified shall:

(a) be deemed to have been determined by a determination made under and in accordance with Part 2, and

(b) as on and from a date to be specified in the certificate (which date shall be not earlier than the date upon which the application for the exclusion of the premises from this Part and Part 5 was received in the office of the Director-General) and notwithstanding anything contained in Part 2, be the fair rent of those premises together with goods until it is varied under and in accordance with that Part.
Application to vary the rent so specified may,
notwithstanding the provisions of subsection (2) of section 32, be made at any time after the issue of the certificate:

Provided that where no determination of the fair rent of those premises is made during the currency of the certificate either increasing, decreasing or confirming the rent so specified, the fair rent of those premises shall, after the certificate ceases to have force or effect, be the same as if this subsection had not been enacted.