Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 47

New leases not to be subject to this Part

47. New leases not to be subject to this Part



(1) Except as provided in subsections (2) and (3) of this section where a
lease (whether or not in writing) is entered into in respect of any prescribed
premises the provisions of Divisions two, three and four of this Part (other
than sections one hundred and one and one hundred and seventeen of this Act)
shall not apply with respect to that lease of the premises, and when the
lessee goes into occupation of the premises under that lease the premises
shall cease to be prescribed premises and to be subject to the provisions of
the said Divisions of this Part.

(2) The provisions of the last preceding subsection shall not apply-

   (a)  in respect of any lease entered into with a lessee who immediately
        before entering into the lease is the lessee of the premises or is
        deemed such a lessee by force of any provision of this Part or is in
        occupation of the premises by force of section one hundred and six of
        this Act; or

   (b)  in respect of any sub-lease which becomes a lease by force of any
        provision of this Part.



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(3) Nothing in subsection (1) of this section shall affect in any way the
rights under this Part of any lessee or sub-lessee who has not entered into
such a lease as is referred to in that subsection.