Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 28

Tenant may remove buildings and fixtures

28. Tenant may remove buildings and fixtures



(1) If any tenant of a farm or lands with the consent in writing of the
landlord for the time being at his own cost and expense erects any
farm-building either detached or otherwise, or puts up any building engine or
machinery either for agricultural purposes or for the purposes of trade and
agriculture (which are not erected or put up in pursuance of some obligation
in that behalf), then all such buildings engines and machinery shall be the
property of the tenant and shall be removable by him; notwithstanding the same
consist of separate buildings or that the same or any part thereof are built
in or permanently fixed to the soil; so as the tenant making any such removal
does not in anywise injure the land or buildings belonging to the landlord or
otherwise puts the same in like plight and condition or in as good plight and
condition as the same were in before the erection of anything so removed. No
tenant shall under the provisions of this section be entitled to remove any
such matter or thing as aforesai d without first giving to the landlord or his
agent one month's previous notice in writing of his intention so to do; and
thereupon it shall be lawful for the landlord or his agent on his authority to
elect to purchase the matters and things so proposed to be removed or any of
them; and the right to remove the same shall thereby cease, and the same shall
belong to the landlord; and the value thereof shall be ascertained and
determined by two referees, one to be chosen by each party or by an umpire to
be named by such referees, and shall be paid or allowed in account by the
landlord who has so elected to purchase the same.

(2) If any tenant holding lands by virtue of any lease or agreement executed
or made after the twenty-fourth day of September One thousand nine hundred and
seven at his own cost and expense erects any building either detached or
otherwise or erects or puts in any building fence engine machinery or fixtures
for any purpose whatever (which are not erected or put in in pursuance of some
obligation in that behalf) then, unless there is a provision to the contrary
in the lease or agreement constituting the tenancy, all such buildings fences
engines machinery or fixtures shall be the property of the tenant and shall be
removable by him during his tenancy or during such further period of
possession by him as he holds the premises but not afterwards; notwithstanding
the same consist of separate buildings or that the same or any part thereof
may be built in or permanently fixed to the soil; so as the tenant making any
such removal does not in anywise injure the land or buildings belonging to the
landlord or otherwi se puts the same in like plight and condition or in as
good plight and condition as the same were in before the erection of anything
so removed.

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