Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 46

Certain contracts deemed to be leases

46. Certain contracts deemed to be leases



(1) For the purposes of this Part any contract agreement or arrangement by
whatever name called, whether oral or in writing and whether made before or
after the commencement of this Part, whereby for valuable consideration any
person is or was licensed authorized or permitted to occupy and use prescribed
premises for the purpose of residence (otherwise than as a tenant at will
implied at law in any mortgage or agreement for the sale and purchase of land
or as a bona fide lodger or boarder or in pursuance of or in connexion with a
contract of employment) shall be deemed from the first day of February One
thousand nine hundred and fifty-four or from the making thereof (whichever
last happened or happens) to be and to have been a lease or sub-lease (as the
case requires) of the premises and the consideration payable shall be deemed
to be and to have been rent.

(2) For the purposes of this Part any contract agreement or arrangement by
whatever name called, whether oral or in writing and whether made before or
after the commencement of this Part, whereby for valuable consideration any
person is or was licensed authorized or permitted to occupy and use prescribed
premises for the purpose of or in connexion with any trade industry business
profession or calling carried on by him shall, if in fact the premises are not
or were not bone fide concurrently occupied or used by any other person, be
deemed from the first day of February One thousand nine hundred and fifty-four
or from the making thereof (whichever last happened or happens) to be a lease
or sub-lease (as the case requires) of the premises and the consideration
payable shall be deemed to be and to have been rent.