Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 71

Effect of fixing fair rent

71. Effect of fixing fair rent



(1) Where the fair rent of any prescribed premises has been or is fixed by or
pursuant to this Part then until it is again fixed pursuant to this Part and
notwithstanding any alterations additions repairs or renovations to the
premises whether structural or otherwise or any change of ownership or tenancy
of the premises or in the nature or value of the services supplied by the
lessor or in the goods leased with the premises, the fair rent so fixed as
aforesaid shall while the premises remain prescribed premises be the rent
payable in respect of the premises unless-

   (a)  any lesser rent is stipulated by the terms of any existing written
        lease for a fixed term which has not expired; or

   (b)  the lessor agrees to the payment of any lesser rent.

(2) Any amount by which the rent charged in respect of the premises is in
excess of the fair rent fixed as aforesaid shall, notwithstanding any
agreement to the contrary, be irrecoverable by the lessor.