Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 61

Board may determine fair rent

61. Board may determine fair rent



(1) A Board may of its own motion after inquiry determine the fair rent of any
prescribed premises notwithstanding the existence of any agreement with
respect to the fair rent entered into pursuant to any provision of this
Division.

(2) The Board shall give to the lessor and lessee of the prescribed premises
notice of its intention to determine the fair rent of the premises, and the
notice so given to the lessor shall for the purposes of this Division be
deemed to be an application by the lessor.

(3) In determining the fair rent of premises under this section the Board
shall have the same powers as it has in connexion with an application, and any
determination so made by the Board shall have the same effect for all purposes
as a determination made upon an application.

(4) Without limiting or affecting the powers of a Board under the foregoing
provisions of this section, where application is made to a Board for the
determination of the fair rent of any premises in any of the circumstances
referred to in section sixty-five of this Act the Board may of its own motion
after serving notice of its intention so to do upon the sub-lessees concerned
proceed to determine the fair rents under all or any of the sub-leases of any
part or parts of the premises as well as determining the fair rent in respect
of which the application is made.