Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 77

Certain payments prohibited

77. Certain payments prohibited



(1) A person shall not, whether as principal or agent or in any other capacity
require give or receive, or offer promise or agree to give or receive, any
bonus premium or sum of money (other than rent) in consideration of or in
association with-

   (a)  the assignment or transfer of any lease of;

   (b)  any agreement for assignment or transfer of a lease of; or

   (c)  the consenting to a sub-lease of-

any prescribed premises except with the consent of the authorized officer.

(2) Any sum paid in contravention of this section may be recovered by the
person who paid it from the person to whom it was paid in an action for debt
in any court of competent jurisdiction, or, if the person to whom it was paid
is the lessor, may, without prejudice to any other method of recovery, be
deducted by the lessee from any rent payable by him to the lessor within six
months after the date of the payment.

(3) Nothing in the foregoing provisions of this section shall apply or be
deemed ever to have applied to any payment or offer of payment referred to in
section ninety or paragraph (f) of subsection (1) of section ninety-three of
this Act.