Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 13

Accrual of right of action in case of certain tenancies

13. Accrual of right of action in case of certain tenancies



(1) A tenancy at will shall for the purposes of this Act be deemed to be
determined at the expiration of a period of one year from the commencement
thereof unless it has previously been determined, and accordingly the right of
action of the person entitled to the land subject to the tenancy shall be
deemed to have accrued on the date of such determination.

(2) A tenancy from year to year or other period without a lease in writing
shall for the purposes of this Act be deemed to be determined at the
expiration of the first year or other period; and accordingly the right of
action of the person entitled to the land subject to the tenancy shall be
deemed to have accrued at the date of such determination:

Provided that where any rent has subsequently been received in respect of the
tenancy the right of action shall be deemed to have accrued on the date of the
last receipt of rent.

(3) Where-

   (a)  any person is in possession of land by virtue of a lease in writing by
        which a rent amounting to the yearly sum of not less than $2 is
        reserved; and

   (b)  the rent is received by some person wrongfully claiming to be entitled
        to the land in reversion immediately expectant on the determination of
        the lease; and

   (c)  no rent is subsequently received by the person rightfully so entitled-

the right of action of the last-named person to recover the land shall be
deemed to have accrued at the date when the rent was first received by the
person wrongfully claiming as aforesaid and not at the date of the
determination of the lease.