Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 56

Fair rents of premises to continue

56. Fair rents of premises to continue



(1) The fair rent of any prescribed premises or of any prescribed premises
together with goods leased therewith in force immediately before the
commencement of this Act under the Acts previously in force shall under this
Part continue to be the fair rent of the prescribed premises or of the
prescribed premises together with goods (as the case requires) until altered
in accordance with this Part, and notwithstanding any term or covenant in any
lease in force after the said commencement the rent payable in respect of the
prescribed premises shall not exceed the fair rent of the premises under this
Part.

(2) Where after the commencement of this Act-

   (a)  the application of this Part is declared by Order of the Governor in
        Council pursuant to subsection (1) of section forty-four of this Act
        to extend to any particular premises; or

   (b)  any particular premises are declared by Order of the Governor in
        Council pursuant to subsection (1) of section forty-five of this Act
        to be special premises for the purposes of this Act-

then the rent or other consideration payable under the lease licence contract
agreement or arrangement for occupation in force immediately before the
publication of the Order or (where no such lease licence contract agreement or
arrangement was in force at that time) under the lease licence contract
agreement or arrangement last in force before that time in respect of the
specified premises or, in the case of special premises, in respect of the
occupation or use of the specified premises or a part thereof, including any
consideration payable for any services provided or supplied, shall under this
Part be the fair rent of the premises or of that part of the premises (as the
case requires) until altered in accordance with this Part, and notwithstanding
any term or covenant in any lease contract agreement or arrangement the rent
payable shall not exceed the fair rent of the premises under this Part.

(3) The fair rent of any prescribed premises shall not be altered except-

   (a)  by a determination of the appropriate Board as hereinafter provided;



   (b)  by an agreement in writing signed by the lessor and the lessee
        pursuant to and in accordance with one of the following provisions of
        this Division; or

   (c)  by service by the lessor on the lessee of a notice in writing
        requiring pursuant to and in accordance with one of the following
        provisions of this Division an increase in the rent of the premises.

Determination of Fair Rents by Board