Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 48

Leases in writing for three years or more not to be subject to this Part

48. Leases in writing for three years or more not to be subject to this Part



(1) Where a lease in writing for a term of not less than three years is
entered into in respect of any prescribed premises-

   (a)  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

   (b)  except as hereinafter provided on the commencement in occupation of
        the term granted by the 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 fact that the term of a lease in writing for three years or more is
expressed to commence prior to the date of execution of the lease shall not
preclude the operation of the last preceding subsection or be deemed to have
precluded the operation of the corresponding previous provision in respect of
that lease if in fact the lessee is or was in occupation of the premises from
the commencement of the term subject to the covenants and conditions later
expressed in the lease and the lease is or was executed within three months
after the commencement of the term.

(3) Nothing in subsection (1) of this section shall be deemed to authorize any
lessor to require any lessee in occupation of premises to enter into such a
written lease as is referred to in that subsection.

(4) 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.