Victorian Consolidated Legislation

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Landlord and Tenant Act 1958 - SECT 68

Fixing fair rent by agreement

68. Fixing fair rent by agreement



(1) Where an agreement in writing in the prescribed form is entered into by
the lessor and the lessee of any prescribed premises, being an ordinary
dwelling or business premises, the amount specified in that behalf in the
agreement shall be for all purposes the fair rent of the premises as from the
day specified in that behalf therein (not being earlier than the day on which
the agreement is entered into) and no further proceedings for the
determination of the fair rent of those premises by a Board except on the
ground referred to in paragraph (b) or paragraph (c) of subsection (1) of
section seventy-three of this Act shall be commenced by either of the parties
to the agreement during the period specified in that behalf in the agreement
or, if no such period is specified, during the period of six months next after
the day from which the fair rent is altered by the agreement.

(2) Where an agreement is entered into pursuant to the last preceding
subsection the lessor shall within one month after the day on which it is
entered into lodge with or send by registered post to the appropriate Board an
executed copy of the agreement.

(3) Any lessor who fails to comply with the last preceding subsection shall be
guilty of an offence against this Part but any such failure shall not
invalidate or affect the agreement.

(4) A copy of any agreement received by the Board pursuant to this section
shall in any later proceedings under this Part be admissible as evidence of
the making and content of the agreement.



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