Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 45

Declaration of special premises

45. Declaration of special premises



(1) Where the Governor in Council by Order published in the Government Gazette
declares any particular premises specified in the Order to be "special
premises" for the purposes of this Part, then any contract agreement or
arrangement by whatever name called, whether oral or in writing and whether
made before or after the publication of the said Order, whereby for valuable
consideration any person is licensed authorized or permitted to occupy or use
those premises or any part of those premises for any purpose, whether
exclusively or not and whether as a boarder or lodger or otherwise and whether
or not any services are provided for or supplied to that person in relation to
such occupation or use, shall be deemed from the publication of the said Order
or from the making of the said contract agreement or arrangement (whichever
last happens) to be a lease or sub-lease (as the case requires) of the
premises or the part thereof as aforesaid and the premises and every such part
shal l be prescribed premises and the consideration payable (including any
consideration payable for any service provided or supplied as aforesaid) shall
be deemed to be rent, and the provisions of this Part (other than sections
eighty-three and ninety-six) shall, so far as applicable, apply accordingly
subject to the modifications that-

(a) subsection (3) of section eighty-two shall be read and construed as if for
the words "for a period determined in accordance with the next succeeding
section" there were substituted the words "for a period of not less than seven
days"; and

   (b)  subsection (6) of section eighty-two shall be read and construed as if
        for paragraph (d) thereof there were substituted the following
        paragraph-

	"(d)    (i)	that the conduct of the lessee is a nuisance or annoyance to any other occupant or occupants of the premises or of the building in which the premises are situated or tends to bring the premises or building as aforesaid into disrepute; or
   (ii) that the premises are reasonably required by the lessor for occupation
        by himself or by his son, daughter, father, mother, brother or sister,
        or by some person who ordinarily resides with and is wholly or partly
        dependent upon him".

(2) The Governor in Council may from time to time make and in like manner
revoke amend or vary Orders for the purposes of the last preceding subsection,
and any Order so amended or varied shall thereafter apply accordingly.

(3) An Order may be made and shall have full force and effect under subsection
(1) of this section in respect of the specified premises to which it relates,
notwithstanding that those premises have always been or prior to the making of
the Order (and whether before or after the commencement of this Part) had
become by or pursuant to the operation of some other provision of this Part or
the Acts previously in force excluded from the operation of Divisions two,
three and four of this Part or the corresponding provisions of the said Acts.