New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 87

87 Exclusion of certain subdivided premises etc from operation of Part 3 and Part 5

(1)

(a) The provisions of this Part and Part 5 shall not apply to or in relation to any prescribed premises in respect of which a certificate under this section is in force.

(2) Where the owner of any prescribed premises is desirous of making the whole or any part of those premises available for accommodation, he or she may apply to the Director-General for a certificate that the premises are premises to which this Part and Part 5 do not apply.

(3) The Director-General may:

(a) grant the application and issue the certificate, either unconditionally or subject to such conditions as he or she thinks fit and for such period as he or she thinks fit, or

(b) refuse the application.

(4) A certificate issued under this section in respect of prescribed premises being any part of a dwelling-house or of a residential unit in any building shall not have any force or effect in respect of any person who immediately prior to the date of receipt in the office of the Director-General of the application for the certificate was the lessee of the dwelling-house or of any part of the dwelling-house or of the residential unit or of any other residential unit in the building unless immediately prior to that date a prior certificate issued under this section had force or effect in respect of that person as such lessee.

(5) A certificate shall not issue under this section in respect of any prescribed premises comprising the whole of any building.

(6) This section shall apply only in relation to prescribed premises being:

(a) a dwelling-house which is not in whole or in part leased to any person,

(b) a dwelling-house which the owner or lessee has converted, or intends to convert, into two or three, but not more, residential units,

(c) a dwelling-house or part of a dwelling-house which is leased to any person and which is about to become vacant,

(d) a part of a dwelling-house which has been leased by the owner but is not for the time being leased to any person, or

(e) a residential unit in a building which the owner of the building proposes to lease or to permit to be leased for residential purposes separately from the remainder of the building and which has not previously been so separately leased,

but shall not apply in relation to any building containing more than three residential units or in relation to any residential unit in any such building.

(7) In this section, "residential unit" means any part of a building which is or has been designed, whether originally or otherwise, for occupation as a residence independently of any other part of the building.