Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 33

Mode of proceeding and proof before justices

33. Mode of proceeding and proof before justices







(1) Upon the hearing of the complaint and upon proof by admission or otherwise
of the holding and of the end or other determination of the tenancy with the
time or manner thereof and (where the title of the landlord has accrued since
the letting of the premises) the right by which he claims the possession and
of the service of the complaint and summons thereon as aforesaid and of the
neglect or refusal (as the case may be) of the tenant or occupier to deliver
up possession of the premises or of any part thereof of which he is in
possession the Magistrates' Court unless such tenant or occupier appears and
shows to the satisfaction of the court reasonable cause why possession should
not be given (or, after the case has been heard and determined, a registrar of
the magistrates' court) may issue a warrant to any member of the police force
authorizing and commanding such member and all other members of the police
force acting for the district within a period to be named in such warrant not
more than thirty clea r days from the date thereof to enter by force and with
assistance if needful into the premises and give possession of the same to
such landlord or agent. Such warrant may be in the form set out in the Fifth
Schedule and shall not be taken as requiring any member of the police force to
remove from the premises or any part thereof any goods or chattels of the
tenant or occupier thereof.

(2) Where the court orders a warrant to issue in respect of premises being a
dwelling-house which had been held on a periodic tenancy the recurring period
of which did not exceed one month the court may by its order stay the issue of
the warrant for such period, not exceeding three months, as the court thinks
fit.

(3) Where the court stays the issue of the warrant as aforesaid the court may
by its order-

   (a)  require the person in possession of the premises or any part of the
        premises to pay to the landlord at the times and places stated in the
        order during the period of the stay a weekly sum at the same rate as
        the rent payable before the determination of the tenancy and, if it
        thinks fit, require the giving of such security for that payment as
        the court thinks proper; and

   (b)  impose such other conditions (if any) upon the person in possession of
        the premises or any part of the premises as the court thinks proper.

(4) Upon proof to its satisfaction of any failure by a person in possession to
make payment or to give security in accordance with the order of the court or
of any breach of any other condition imposed by order of the court, the
Magistrates' Court may upon the application of the landlord or his agent
revoke the stay of the issue of the warrant either in whole or in part and
make such order as to the issue of the warrant as it thinks fit.