New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 87B

87B Exclusion of certain premises from operation of Part 3 and Part 5

(1) While a certificate under this section is in force in relation to part of any prescribed premises, the provisions of this Part and Part 5 shall not, as between the person upon whose application the certificate was granted and any sub-lessee of that part under a sub-lease granted by that person after the date of receipt in the office of the Director-General of the application for the certificate, apply to or in relation to that part.

(2) Where the lessee of any prescribed premises being a dwelling-house is desirous of sub-letting part of those premises to one sub-lessee only and he or she has not sub-let any other part of those premises he or she may, with the consent in writing of the lessor of those premises, apply to the Director-General for a certificate that the part of the premises to be so sub-let is 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 not exceeding seven years as he or she thinks fit, or

(b) refuse the application.

(4) The Director-General may grant one or more extensions of any certificate issued under subsection (3) excluding the premises so sub-let or to be so sub-let 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.

(5) A certificate issued under this section in respect of part of any prescribed premises shall become void and of no effect if more than one sub-lease granted by the person to whom the certificate was issued is in force in respect of those premises at any one time.

(6) Notice to quit on the ground specified in paragraph (q) of subsection (5) of section 62 shall not be given to the person to whom a certificate is issued under this section in respect of rents received by him or her from the sub-lessee of that part of any prescribed premises which is the subject of that certificate.

(7) Where a certificate has been issued under this section excluding part of prescribed premises from the operation of this Part and Part 5, any person who after the date of receipt in the office of the Director-General of the application for the certificate became a sub-lessee of that part from the person (hereinafter in this sub-section referred to as the "lessee") upon whose application the certificate was issued shall not have, as against the lessor of the lessee, any right under this Act or otherwise to possession or to remain in possession of that part after the lease of the prescribed premises to the lessee has been terminated whether by surrender or otherwise and, in such circumstances, proceedings to recover possession of that part from the sub-lessee or for the ejectment of the sub-lessee therefrom may be taken by the lessor as if this Part and Part 5 had not been enacted.