LANDLORD AND TENANT (AMENDMENT) ACT 1948 - As at 28 February 2019 - Act 25 of 1948
- As at 28 February 2019
- Act 25 of 1948
Table of Provisions
Division 1 - Administration
Division 2 - (Repealed)
None
Division 4A - (Repealed)
None
Division 4AA - Determination of rents on current values
Division 5 - General
- 31MA Interim determination
- 31MB Amendment of applications
- 31N Application by lessor for fair rent determination to indicate amount of rent sought
- 31O Application by lessor or owner contemplating repairs etc
- 32 Variation of determination
32A. (Repealed)
- 32B Rent of premises partly decontrolled
- 33 Effect of determination
- 34 Lessor to notify change in services supplied or in nature of occupancy
- 35 Premises not to be let at rent exceeding fair rent
- 36 Certain payments prohibited
- 36A Particulars of certain advertisements to be furnished to the Secretary
- 37 Certain representations etc prohibited
- 38 Refusal to let dwelling-house to applicant with family prohibited
- 39 Dwelling-house not to be let unless in good repair
- 40 Premises leased for holiday purposes only
- 41 Appeals
- 42 Costs not to be allowed
- 43 Fair Rents Board or Secretary not bound to conduct oral hearing
- 44 Summoning of witnesses and production of documents
- 45 Failure to attend or produce documents
- 46 Refusal to be sworn or give evidence
- 47 False testimony
- 48 Protection to and liability of witness
- 49 Protection of reports and proceedings
- 50 Contempt of Board
- 51 Protection of Board
- 52 Information as to fair rent
- 53 Intervention by Minister
- 54 Representation by agent
- 55 Records of rent
- 56 Receipts to be given
- 57 Lessor to ascertain fair rent
- 58 Certificate as to fair rent
- 59 Service of notices
- 60 Service upon agent sufficient
- 61 Courts may order refund of amounts overpaid
PART 3 - RECOVERY OF POSSESSION OF PRESCRIBED PREMISES
- 62 Restriction on eviction
- 62A Court may bar lessor's right to take proceedings where refusal of consent to assignment etc unreasonable
- 62B Power to assign certain tenancies at will
- 63 Period of notice to quit
- 64 Notice to quit not to be given within six months after determination
- 65 Notice to quit where dwelling-house sold
- 66 Notice to specify grounds
- 67 Notice to quit to terminate lease
- 68 Notice to quit after failure of eviction proceedings
- 69 Competent courts
69A. (Repealed)
- 70 Court to consider hardship
70A. (Repealed)
- 71 Power to stay proceedings or orders
- 72 Certain applications to operate as stay of execution
- 73 Hearing in chambers
- 74 Appeals
- 75 Ejectment orders not enforceable unless made under this Act
- 76 Court may order compensation for misrepresentation
- 77 Premises not to be sold or re-let in certain cases
- 78 Application to limited class of premises
- 79 Enforcement of orders
- 80 Acceptance of rent not to waive notice to quit
- 81 Persons not to interfere with use or enjoyment of premises
- 81A Court may order that certain dwelling-houses remain subject to this Act
- 82 Protection of sub-lessees
- 83 Protection of certain persons in possession of premises
- 83A Protection of member of the family of deceased lessee
- 83B NSW Trustee and Guardian's title not a defence to recovery of possession of prescribed premises after death of lessee in certain cases
- 83C Periodic leases may not be disposed of by will or pass on intestacy
- 84 Costs to be allowed
- 85 Intervention of Minister
- 85A Application of certain sections in Part 2
- 85B Application by solicitor or agent
- 86 Exclusion of premises from operation of Part 3 and Part 5
- 86A Exclusion of premises from operation of Part 3 and Part 5 where lessor and lessee are employer and employee
- 87 Exclusion of certain subdivided premises etc from operation of Part 3 and Part 5
- 87A Part 3 not to apply to a dwelling-house let on behalf of an insane patient
- 87B Exclusion of certain premises from operation of Part 3 and Part 5
PART 4 - MISCELLANEOUS
- 88 Threats and boycotts prohibited
- 88A Dwelling-house not to be sold unless tenant given opportunity to purchase
- 88B Premises not to be sold in certain circumstances
- 88C Penalty for publishing certain statements
- 88D Implied powers in lessor
- 89 Contracting out prohibited
- 90 Contracts to evade Act prohibited
- 90A Certain contracts to be void
- 91 Transactions not invalidated
- 92 Information to be furnished on request
- 93 Powers of entry and inspection
- 94 Proof of instruments
- 95 Offences and penalties
- 95A Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 96 Regulations
- 97 Regulations may transfer powers of Secretary to Fair Rents Board
- 98 Proceedings for offences
- 98A Premises to be deemed prescribed premises etc unless the contrary is shown
PART 5 - PROTECTED PERSONS
- 99 Definitions
- 100 Limitation on power of court to make order for recovery of possession
- 101 Protection of protected person claiming under lessee where tenancy determined
- 102 Sections 100 and 101 not to apply where lessor is a protected person or age pensioner
103-110. (Repealed)
- 111 Rental of farms by members of the Forces etc
- 112 Prohibition of eviction of dependants of members of the Forces in certain cases
- 113 This Part not to apply in certain cases
