Victorian Consolidated Legislation

LANDLORD AND TENANT ACT 1958

No. 6285 of 1958
Version incorporating amendments as at 1 August 2010

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed

   PARTS I-III-Repealed

           3-28. Repealed

   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 Repealed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
           __________________
           1-3 Repealed
           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