LANDLORD AND TENANT ACT 1958

Victorian Consolidated Legislation

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LANDLORD AND TENANT ACT 1958

No. 6285 of 1958
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeals

PART I-LEASES

3. Form and effect of words in schedules
4. What deed shall include
5. Validity of ineffectual deed
6. Interpretation for purposes of preceding sections
7. Action for rent may be brought against tenant for life
8. Rents how to be recovered where the demise is not by deed
9. Penalty for persons holding over lands etc. after the expiration of leases
10. Tenants holding of the property after giving notice
11. Rents recoverable from tenants for life
12. Distress for rent abolished

PART II-PROVISIONS AS TO EXECUTION AND SEIZURE BY THIRD PARTY

13. No goods to be removed unless there has been full payment of rent
14. Sheriff to levy the rent
15. No sheriff or other officer shall sell or carry off any produce from the land
16. Tenant to give notice of existing covenants
17. The sheriff to give notice to the owner or landlord
18. Sheriff may dispose of produce
19. Sheriff to assign agreement to owner or landlord
20. Sheriff to inquire as to name and residence of landlord
21. Sheriff not to sell any grasses growing with corn
22. Straw and other produce which tenant may remove
23. Sheriff not liable for unwilful damages
24. Indemnity to sheriff and others
25. Official assignee not to take any crop

PART III-EMBLEMENTS: FIXTURES

26. Lease to be held to the end of the year
27. Growing crops liable to rent which may accrue
28. Tenant may remove buildings and fixtures

PART IV-SUMMARY PROCEEDINGS TO RECOVER POSSESSION

29. Definitions
30. Provision for landlords where tenants desert the premises
31. Tenants may appeal to judge on circuit or Supreme Court
32. Serving of notice to quit
32AA. Acceptance of rent not to waive notice to quit
32A. Landlord to serve sub-lessees of dwelling-houses in certain
cases
32B. Failure to include statements in notice to quit
33. Mode of proceeding and proof before justices
34. Warrants not to be issued on certain days
35. Persons who have not a right to possession obtaining warrant not to be protected from actions
36. Wrongfully procuring a warrant
37. Execution of warrant stayed on bond given to bring action
38. The bond to whom made and actions thereon
39. Protection of justices
40. Effect of irregularity
41. Costs where damages do not exceed Fifty cents
42. Death of party not to terminate proceedings etc.

PART IVA-REMOVAL AND DISPOSAL OF GOODS LEFT ON VACATED PREMISES

42A. Definitions
42B. Landlord may remove and store goods
42C. Sale of goods by landlord
42D. Landlord may deduct certain costs from proceeds of sale
42E. Buyer of goods sold pursuant to this Part to acquire a good title
42F. Rights of actual owner of goods

PART V-CONTROL OF RENTS AND RECOVERY OF POSSESSION

Division 1-Introductory
Interpretation

43. Definitions
43A-43F. Repealed
Application of Act
44. Declarations as to application of Act
45. Declaration of special premises
45A. Lessor to be given opportunity to be heard
46. Certain contracts deemed to be leases
47. New leases not to be subject to this Part
48. Leases in writing for three years or more not to be subject to this Part
48A. Decontrol of premises comprising of business and private dwelling
49. Application of Divisions 2, 3 and 4 to any premises
50. Crown not bound

Division 2-Rent control
Subdivision 1-Administration

51. Constitution of Fair Rents Boards
51A. Victorian Civil and Administrative Tribunal
52. Delegation of powers and functions
53. Powers of Minister, authorized officers and Boards
54. Repealed
55. Indemnity
Subdivision 2-Fair rents
Statement of Fair Rents
56. Fair rents of premises to continue
Determination of Fair Rents by Board
57. Applications for fixing of fair rents
58. Notice of application
59. Determination of application
60. Date of operation of determination
61. Board may determine fair rent
62. Inspection and valuation of prescribed premises
63. Costs not to be allowed
64. Matters to be considered in determining fair rent
65, 66. Repealed
Fixing Fair Rents by Notice
67. Power to lessor to require money for repairs
67A. Repealed
Fixing Fair Rents by Agreement
68. Fixing fair rent by agreement
69. Fixing fair rent of premises following alterations
Period for Payment of Rent
70. Period for which fair rent may be fixed
Effect of Fixing Fair Rent
71. Effect of fixing fair rent
72. Recovery of overpaid rent
73. Time for applications to fix rent after determinations
Extension of Application of Division
74. Lease of premises together with goods
Subdivision 3-General
75. Penalty for demanding excess rent
76. Record of rents
77. Certain payments prohibited
78. Supply of particulars as to rent of premises
79. Effect on guarantee of fixing rent
80. Certificate as to rent
81. Proof of rent paid

Division 3-Recovery of possession
Notices to Quit

82. Restrictions on eviction
83. Period of notice to quit
84. Notice to quit not to be given on certain grounds
85. Notice to quit where dwelling-house sold
86. Notice to specify grounds
87. Notice to quit to terminate lease
88. Notice to quit after failure of eviction proceedings
89. Repealed
Barring and Avoiding Notice to Quit
90. Power to court to bar notices to quit
91. Power to court to declare certain notices void
Proceedings for Recovery of Possession, &c.
92. Tribunal to consider hardship and alternative accommodation
93. Tribunal to disregard hardship and alternative accommodation in some cases
94. Repealed
95. Power to stay proceedings or orders
96. Certain applications to operate as stay of execution
97, 98. Repealed
99. Ejectment orders not enforceable
100. Tribunal may order compensation for misrepresentation
101. Premises not to be sold or re-let etc. in certain cases
102. Repealed
103. Acceptance of rent not to waive notice to quit
104. Persons not to interfere with use or enjoyment of premises
105. Protection of certain sub-lessees
106. Protection of certain persons in possession of premises
107. Costs in ejectment proceedings

Division 3A-Premises ceasing to be prescribed premises

107A. Premises ceasing to be prescribed premises

Division 4-Miscellaneous

108. Threats and boycotts prohibited
109. Contract to avoid Part
110. Powers of entry and inspection
111. Rights of lessor in respect of prescribed premises
112. Dwelling-house not to be sold unless tenant given opportunity to purchase
113. Service of notices
114. Notice to lessor or lessee
115. Continued operation of notice
116. As to onus of proof that premises are prescribed premises
117. Offences and penalties
118. Regulations
__________________
SCHEDULE 1-Repeals
SCHEDULE 2.
SCHEDULE 3-Direction as to the forms in this schedule
SCHEDULE 4-Complaint and summons thereon
SCHEDULE 5-Warrant to member of the police force to take and give possession
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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