Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 73

Time for applications to fix rent after determinations

73. Time for applications to fix rent after determinations



(1) If the fair rent of any prescribed premises has been fixed by a
determination (whether before or after the commencement of this Act) no
further proceedings under this Part for the determination of the rent of those
premises by a Board shall be commenced until after a period of six months from
the time the fair rent was fixed as aforesaid except on the ground that-

   (a)  by an error or omission, an injustice has been occasioned by the
        determination fixing the fair rent;

   (b)  since the determination fixing the fair rent came into force,
        substantial alterations or additions have been made to the premises
        or, if the lease provides for the use of any goods in connexion with
        the letting of the premises, to the goods; or

   (c)  since the determination fixing the fair rent came into force, the
        accommodation provided in the premises has been materially deceased
        or, if the lease provides for the use of goods in connexion with the
        letting of the premises, the goods to be so used have been
        substantially decreased.

(2) The foregoing subsection shall not apply where the fair rent of any
premises was last fixed by service of a notice or by agreement pursuant to
this Part or the Acts previously in force.

(3) Any proceedings for the determination by the Board of the fair rent of any
premises the rent of which has been previously fixed by or pursuant to this
Part or the Acts previously in force shall be had and determined in the manner
provided by this Part as if the rent has not been so previously fixed.

Extension of Application of Division