Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 26

PART III EMBLEMENTS: FIXTURES

Lease to be held to the end of the year

26. Lease to be held to the end of the year

Where the lease or tenancy of any farm or lands held by a tenant at rack rent
determines by the death or cesser of the estate of any landlord entitled for
his life or for any other uncertain interest, instead of claims to emblements
the tenant shall continue to hold and occupy such farm or lands until the
expiration of the then current year of his tenancy; and shall then quit upon
the terms of his lease or holding in the same manner as if such lease or
tenancy were then determined by effluxion of time or other lawful means during
the continuance of his landlord's estate. And the succeeding landlord or owner
shall be entitled to recover and receive of the tenant in the same manner as
his predecessor or such tenant's lessor could have done if he had been living
or had continued the landlord or lessor a fair proportion of the rent for the
period which may have elapsed from the day of the death or cesser of the
estate of such predecessor or lessor to the time of the tenants so quitting.
And the succeeding l andlord or owner and the tenant respectively shall as
between themselves and as against each other be entitled to all the benefits
and advantages, and be subject to the terms conditions and restrictions to
which the preceding landlord or lessor and such tenant respectively would have
been entitled and subject in case the lease or tenancy had determined in
manner aforesaid at the expiration of such current year. And no notice to quit
shall be necessary or required by or from either party to determine any such
holding or occupation as aforesaid.