Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 39

Apportionment of rent when part only of land leased is acquired

39. Apportionment of rent when part only of land leased is acquired



(1) If part of any land comprised in a lease for a term of years unexpired is
acquired under this Act, the rent payable in respect of the land comprised in
the lease must be apportioned between the part so acquired and the residue of
the land.

(2) The apportionment referred to in subsection (1) may be settled by
agreement between the lessor and lessee of the land comprised in the lease
and, failing agreement between the parties, must be settled by the Tribunal or
the Court.

(3) After apportionment has been made in accordance with subsection (2)-

   (a)  the lessee, as to all future rent which becomes payable, is liable
        only to so much of the rent as is so apportioned in respect of the
        residue of the land;

   (b)  the lessor, as to the residue of the land and as against the lessee,
        has the same rights and remedies for the recovery of the apportioned
        rent henceforth payable by the lessee; and

   (c)  all the covenants, conditions and agreements of the lease, except as
        to the amount of rent to be paid, remain in force with regard to the
        residue of the land.

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