No LANDLORD AND TENANT ACT [30th September, 1958.]

Transcription

1 1958. Landlord and Tenant. No No LANDLORD AND TENANT ACT An Act to consolidate the Law relating to Landlord and Tenant. [30th September, 1958.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may be cited as the Landlord and Tenant Act short uue 1958, and shall come into operation on a day to be fixed by me^and 6 " proclamation of the Governor in Council published in the dlvlsion - Government Gazette, and is divided into Parts Divisions and subdivisons as follows: Part I. Leases ss Part II. Provisions as to Execution and Seizure by Third Parties ss Part III. Emblements: Fixtures ss Part IV. Summary Proceedings to recover Possession ss ^.,, f Division 1. Introductory ss Part V. Control of Division 2._R e nt Control ss Kents ana. l Subdivision 1. Administration Recovery of i ss 51_ 55 Possession Subdivision 2. Fair Rents ss. ss [ 56_ 74 _

2 Landlord and Tenant. No Part V. Control of Rents and Recovery of Possession continued. Subdivision 3. General ss Division 3. Recovery of Possession ss Division 4. Miscellaneous ss Repeal. 2. (1) The Acts mentioned in the First Schedule to the schedule extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order application determination decision recommendation petition rule lease proceeding appeal consent contract agreement arrangement direction warrant permit certificate exemption approval disapproval objection appointment delegation classification condition notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the' commencement of this Act. PART I. LEASES. Form and wordviii schedules. 10 S3 second expressed schedule. Third schedule. 3. Whenever any party to any deed made according to the tenor and effect of the form set forth in the Second Schedule to this Act or whenever any party to any other deed which is to be made in pursuance of this Part employs in such deed respectively any of the forms of words contained in column one of the Third Schedule hereto annexed and distinguished by any numrjer therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in column two of the same schedule

3 1958. Landlord and Tenant. No and distinguished by the same number as is annexed to the form of words employed by such party; but it shall not be necessary in any such deed to insert any such number. 4. Every such deed (unless any exception is specially made whatde*^ therein) shall be held and construed to include all outhouses *",nr " " buildings barns stables yards gardens cellars ancient and other lights paths passages ways waters water-courses liberties privileges easements profit commodities emoluments hereditaments and appurtenances whatsoever to the lands and tenements therein comprised belonging or in anywise appertaining. 5. Any deed or part of a deed which fails to take effect by virtue of the provisions contained in the last two preceding sections of this Act shall nevertheless be as valid and effectual and shall bind the parties thereto so far as the rules of law and equity will permit as if the said provisions had not been made. 6. In the construction and for the purpose of the last three foj^^j^11 preceding sections of this Act and the Second and Third Schedules s P / ecedin s hereto (unless there is something in the subject or context No.37ios.6. repugnant to such construction) " Lands" extends to all tenements and hereditaments or any undivided part or share therein respectively; and " Party" includes any body politic or corporate or collegiate as well as an individual. 7. Where any person has any rent in arrear or due upon any lease or demise for life or lives he may bring an action for such arrears of rent in the same manner as he might have done in case such rent were due and reserved upon a lease for years. 8. Where the agreement between the landlord and tenant is not by deed, the landlord may recover a reasonable satisfaction for the lands tenements or hereditaments held or occupied by the defendant in an action for the use and occupation of what was so held or enjoyed. And if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not be nonsuited but may make use thereof an an evidence of the quantum of the damages to be recovered. 9. Where any tenant for any term of life lives or years or other person who is in or comes into possession of any lands tenements or hereditaments by from or under or by collusion with such tenant wilfully holds over any lands tenements or hereditaments after the determination of such term and after demand made and notice in writing given for delivering the possession thereof by his landlord or lessor or the person to whom the remainder or reversion of such Validity of Ineffectual deed. No s. 5. Action for rent may be brought against tenant for life. No s. 7. Rents how to be recovered where the demise is no: by deed. No s. 8. Persons holding over lands &c. after the expiration of leases to pay double the yearly value. No s. 9.

4 Landlord and Tenant. No lands tenements or hereditaments belongs or his agent thereunto lawfully authorized, then such person so holding over shall for and during the time he so holds over or keeps the person entitled out of possession of the said lands tenements or hereditaments as aforesaid pay to the person so kept out of possession his executors administrators or assigns at the rate of double the yearly value of the lands tenements and hereditaments so detained for so long time as the same are detained, to be recovered by action; against the recovering of which penalty there shall be no relief in equity. Tenants holding over after time they notify for quitting the premises to pay double rent. No s. 10. Rents recoverable from under tenants where tenant for life dies before the rent is payable. No s. 11. Distress for rent abolished. No s In case any tenant gives notice of his intention to quit the premises by him held at a time mentioned in such notice and does not accordingly deliver up the possession thereof at the time in such notice contained, then the said tenant his executors or administrators shall thenceforward pay to the landlord double the rent or sum which he should otherwise have paid; to be levied sued for and recovered at the same time and in the same manner as the single rent or sum which could before the giving such notice be levied sued for and recovered. And such double rent or sum shall continue to be paid during all the time such tenant continues in possession as aforesaid. 11. In case any tenant for life happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands tenements or hereditaments which determined on the death of such tenant for life, then the executors or administrators of such tenant for life may in an action recover of and from such under tenant of such lands tenements or hereditaments (if such tenant for life die on the day on which the same was made payable) the whole or (if before such day then) a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances or a proportionable part thereof respectively. 12. It is hereby declared that on the thirteenth day of August One thousand nine hundred and forty-eight distress for rent was abolished. No goods shall be taken in execution unless the party before removal of the goods pay the landlord the rent due. No s. 12. PART II. PROVISIONS AS TO EXECUTION AND SEIZURE BY THIRD PARTIES. 13. No goods or chattels whatsoever lying or being in or upon any messuage lands or tenements which are leased for life or lives term of years at will or otherwise shall be liable to be taken by virtue of any execution on any pretence whatsoever unless the party at whose suit the said execution is sued out before the removal of such goods from off the said premises by virtue of such execution pays to the landlord of the said premises or his bailiff all such sum or sums of money not exceeding or amounting to

5 1958. Landlord and Tenant. No more than one year's rent as are due for rent for the said premises at the time of the taking of such goods or chattels by virtue of such execution. 14. In case the said arrears exceed one year's rent, then the sheriff to levy party at whose suit such execution is sued out paying the said ^together landlord or his baliff one year's rent may proceed to execute his execution judgment as he might have done before the commencement of mone y- this Act. And the sheriff or other officer is hereby empowered No s and required to levy and pay to the plaintiff as well the money so paid for rent as the execution money. 15. No sheriff or other officer shall by virtue of any process of NO sheriff or any court of law carry off or sell or dispose of for the purpose of shaifseiior being carried off from any lands let to farm any straw threshed or an?tand trotn unthreshed or any straw of crops growing chaff turnips manure?ontra!yto' J compost ashes or seaweed in any case whatsoever; nor any hay any covenant - grass or grasses whether natural or artificial nor any tares or vetches No ' 3710 s ' 14 " nor any roots or vegetables being produce of such lands, in any case where according to any covenant or written agreement entered into and made for the benefit of the owner or landlord of any farm such hay grass or grasses tares or vetches roots or vegetables ought not to be taken off or withholden from such lands or which by the tenor or effect of such covenants or agreements ought to be used or expended thereon and of which covenants or agreements such sheriff or other officer has received a written notice before he has proceeded to sale. 1^J^oto 16. The tenant or occupier of any lands let to farm against whose goods any process of law issues whereby such goods may be the sheriff oi taken and sold shall on having knowledge of such process give a S e coventnv.s. written notice to the sheriff or other officer executing the same No.37io s. is. of such covenants or agreements whereof he has knowledge and which may relate to and regulate or are intended to regulate the use and expenditure of the crops or produce grown or growing thereon, and also of the name and residence of the owner or landlord of such land. 17. The sheriff or other officer shall forthwith, on executing The sheriff to such process and before any sale has been proceeded in, send a Se owner or notice by the post to the owner or landlord of such lands in all!! nd!, 0, I i d n,<,, - - t i l l. i n No. 371U 9. ID. cases where such owner or landlord is resident in any part of Victoria and has been made known to and ascertained by such sheriff or other officer and also to the known agent of such owner or landlord in respect of such lands, stating to such owner landlord and agent the fact of possession having been taken of any crops or produce hereinbefore mentioned; and such sheriff or other officer shall in all cases of the absence or silence of such owner or landlord or his agent postpone and delay the sale of such crops or produce until the latest day he lawfully can or may appoint for such sale.

6 Landlord and Tenant. No Sheriff may dispose of produce subject to an agreement to expend it on the land. No s. 17. Sheriff to assign agreement to owner or landlord. No s. 18. Sheriff to inquire as to name and residence of landlord. No s. 19. Sheriff not to sell any grasses growing with corn. No s. 20. Straw and other produce which tenant may remove. No s. 21. Sheriff not to be liable for damages unless for wilful omission. No a 22. Indemnity :o sheriff and others acting under the above provisions. No s Such sheriff or other officer executing such process may dispose of any crops or produce hereinbefore mentioned to any person who agrees in writing with such sheriff or other officer in cases where a covenant or written agreement is shown to use and expend the same on such lands according to such covenant or written agreement; and after such sale or disposal so qualified it shall be lawful for such person to use all such necessary barns stables buildings outhouses yards and fields for the purpose of consuming such crops or produce as such sheriff or other officer allots or assigns to him for that purpose and which such tenant or occupier would have been entitled to and ought to have used for the like purpose on such lands. 19. Such sheriff or other officer shall, on the request of any owner or landlord who is aggrieved by any breach of such agreement, permit such owner or landlord to bring any action in the name of such sheriff or other officer for the recovery of damages in respect of such breach; such landlord or owner having nevertheless fully idemnified such sheriff or other officer against all costs whatsoever and all loss and damage before any such action is commenced. 20. Such sheriff or other officer shall before any sale of any crops or produce of any lands let to farm is proceeded in make by all ways and means due inquiry within the district where such lands are situate as to the name and residence of the owner or landlord of such lands. 21. No sheriff or other officer shall by virtue of any process whatsoever sell or dispose of any clover rye grass or any artificial grass or grasses whatsoever which are newly sown and growing under any crop of standing corn. 22. The above provisions shall not extend to any straw turnips and other articles which the tenant may remove from the farm consistently with some contract in writing. 23. In every case where any action is brought against such sheriff or other officer for any breach of or omission of compliance with the provisions hereinbefore mentioned, no plaintiff shall be entitled to recover any damages against such sheriff or other officer unless it is proved on the trial of such action that such breach or omission was wilful on the part of the sheriff or other officer. 24. No such sheriff or other officer nor any deputy agent bailiff or servant of a sheriff or other officer, nor any person who purchases any hay straw chaff turnips grass or grasses or other produce and things hereinbefore mentioned under the provisions aforesaid nor the servant of such person, shall be deemed or taken to be a trespasser, by reason of his coming upon or remaining in

7 1958. Landlord and Tenant. No possession of any barns or other buildings yards or fields for the purpose of threshing out or consuming any straw hay turnips or other produce hereinbefore mentioned under the provisions aforesaid, or for doing any matter or thing whatsoever fit and necessary to be done for the purpose of executing the same and carrying into effect all stipulations contained in any agreement made under such provisions, though such acts are done by or on behalf of such sheriff or other officer or by such person or his servant after the return of the process under which such sheriff or other officer has acted. 25. Subject to any law of the Commonwealth relating to bankruptcy no official or other assignee of any bankrupt's or insolvent's estate, nor any assignee under any bill of sale or any deed made or executed by any person in trust for the benefit of his creditors, nor any purchaser of the goods chattels crop or stock of any person engaged or employed in husbandry on any lands let to farm, shall take use or dispose of any hay straw grass or grasses turnips or other roots or any other produce of such lands or any manure compost ashes seaweed or other dressings intended for such lands and being thereon in any other manner and for any other purpose than such bankrupt debtor or other person so employed in husbandry ought to have taken used or disposed of the same if no order for the sequestration of such bankrupt's estate had been made or no such assignment had been executed or sale made. Official assignee not to take any crop in any other way than the bankrupt would have been entitled to do. No s. 24. PART III. EMBLEMENTS : FIXTURES. 26. Where the lease or tenancy of any farm or lands held by a tenant at rack rent determines by the death or cesser of the estate of any landlord entitled for his life or for any other uncertain interest, instead of claims to emblements the tenant shall continue to hold and occupy such farm or lands until the expiration of the then current year of his tenancy; and shall then quit upon the terms of his lease or holding in the same manner as if such lease or tenancy were then determined by effluxion of time or other lawful means during the continuance of his landlord's estate. And the succeeding landlord or owner shall be entitled to recover and receive of the tenant in the same manner as his predecessor or such tenant's lessor could have done if he had been living or had continued the landlord or lessor a fair proportion of the rent for the period which may have elapsed from the day of the death or cesser of the estate of such predecessor or lessor to the time of the tenant so quitting. And the succeeding landlord or owner and the tenant respectively shall as between themselves and as against each other be entitled to all the benefits and advantages and be subject to the terms conditions and restrictions to which the preceding landlord or lessor and such tenant respectively would On determination of leases or tenancies under tenant for life &c. instead of emblements tenant to hold until expiration of current year &c. No s. 25.

8 Landlord and Tenant. No have been entitled and subject in case the lease or tenancy had determined in manner aforesaid at the expiration of such current year. And no notice to quit shall be necessary or required by or from either party to determine any such holding or occupation as aforesaid. Growing crops seized and sold under execution to be liable for accruing rent. No s In case all or any part of the growing crops of the tenant of any farm or lands are seized and sold by any sheriff or other officer by virtue of any writ of fieri facias or other writ of execution, such crops so long as they remain on the farm or lands shall be liable to the rent which may accrue and become due to the landlord after any such seizure and sale; and that notwithstanding any bargain and sale or assignment which may have been made or executed of such growing crops by any such sheriff or other officer. Tenant may remove buildings and fixtures erected by him on farms. No s. 27. Tenant to give notice of removal. Landlord may elect to take fixtures. Tenant may remove buildings and fixtures erected by him. 28. (1) If any tenant of a farm or lands with the consent in writing of the landlord for the time being at his own cost and expense erects any farm-building either detached or otherwise, or puts up any building engine or machinery either for agricultural purposes or for the purposes of trade and agriculture (which are not erected or put up in pursuance of some obligation in that behalf), then all such buildings engines and machinery shall be the property of the tenant and shall be removable by him; notwithstanding the same consist of separate buildings or that the same or any part thereof are built in or permanently fixed to the soil; so as the tenant making any such removal does not in anywise injure the land or buildings belonging to the landlord or otherwise puts the same in like plight and condition or in as good plight and condition as the same were in before the erection of anything so removed. No tenant shall under the provisions of this section be entitled to remove any such matter or thing as aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do; and thereupon it shall be lawful for the landlord or his agent on his authority to elect to purchase the matters and things so proposed to be removed or any of them; and the right to remove the same shall thereby cease, and the same shall belong to the landlord; and the value thereof shall be ascertained and determined by two referees, one to be chosen by each party or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who has so elected to purchase the same. (2) If any tenant holding lands by virtue of any lease or agreement executed or made after the twenty-fourth day of September One thousand nine hundred and seven at his own cost and expense erects any building either detached or otherwise or erects or puts in any building fence engine machinery or fixtures for any purpose whatever (which are not erected or put in in

9 1958. Landlord and Tenant. No pursuance of some obligation in that behalf) then, unless there is a provision to the contrary in the lease or agreement constituting the tenancy, all such buildings fences engines machinery or fixtures shall be the property of the tenant and shall be removable by him during his tenancy or during such further period of possession by him as he holds the premises but not afterwards; notwithstanding the same consist of separate buildings or that the same or any part thereof may be built in or permanently fixed to the soil; so as the tenant making any such removal does not in anywise injure the land or buildings belonging to the landlord or otherwise puts the same in like plight and condition or in as good plight and condition as the same were in before the erection of anything so removed. PART IV. SUMMARY PROCEEDINGS TO RECOVER POSSESSION. 29. In this Part " Agent" shall be taken to signify any person usually employed by the landlord in the letting of the premises or in the collection of the rents thereof or specially authorized to act in the particular matter by writing under the hand of such landlord. " Landlord " shall be understood as signifying the person Landlord.- entitled to the immediate reversion of the premises or if the property be held in joint-tenancy coparcenary or tenancy in common shall be understood as signifying any one of the persons entitled to such reversion. " Premises " shall be taken to signify lands houses or other ' premises." corporeal hereditaments. 30. Where any tenant holds lands tenements or hereditaments at a rent under any demise or agreement either written or verbal and is in arrear for six months' rent, if such tenant deserts the demised premises and leaves the same uncultivated or unoccupied and although no right or power of re-entry is given or reserved to such landlord in case of the non-payment of rent, then any two (or more) justices having no interest in the demised premises may at the request of the landlord or his bailiff agent or receiver go upon and view the said premises and affix or cause to be affixed in the most conspicuous part thereof notice in writing specifying what day (at the distance of fourteen days at least) they will return to take a second view thereof; and if upon such second view the tenant or some person on his behalf does not appear and pay the rent in arrear, then the said justices may put the landlord into the possession of the said demised premises; and the lease thereof to such tenant as to any demise therein contained only shall thenceforth become void. Interpretation. No s. 66. " Agent." Provision for landlords where tenants desert the premises. No s. 67. No s. 2,

10 Landlord and Tenant. No Tenants may appeal to judge on circuit or to Supreme Court. No Such proceedings of the said justices shall within two months be examinable in a summary way by a judge of the Supreme Court sitting either in Melbourne or at some place within the bailiwick within which the premises lie, who is hereby empowered to order restitution to be made to such tenant together with his expenses and costs to be paid by the landlord, if such judge sees cause for the same; and in case he affirms the act of the said justices, he may award costs to be paid to the landlord. Where tenant holds over after the expiration of lus term l.mdlord may give notice of application to justices. No s. 69; No ss (a), No s. 16 (j) (2), No s. 2. Procedure in action for ejectment. Fourth Schedule. Notices to quit in case of periodic tenancies not exceeding one month. 32. (1) Whenever the term or interest of any tenant of any house land or other corporeal hereditaments held by him has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied neglects or refuses to quit and deliver up possession of the premises or of such part thereof respectively, the landlord of the said premises or his agent may cause the person so neglecting or refusing to quit and deliver up possession to be served in the manner hereinafter mentioned with a complaint signed by the landlord or his agent and a summons thereon signed by the justice or the clerk of petty sessions issuing it, which complaint and summons thereon shall be in the form set out in the Fourth Schedule to this Act, or to the like effect. Such complaint and summons thereon shall be served by serving a true copy thereof not less than seven clear days before the return date of the summons, either personally or by leaving a true copy thereof for the defendant at his last known or most usual place of abode or business with some person who is apparently an inmate thereof or an employe thereat and who is apparently over the age of sixteen years. (2) For the purposes of this section in the case of a periodic tenancy the recurring period of which does not exceed one month a notice to quit shall not (unless otherwise expressly agreed by the parties thereto) be invalid by reason only of the fact that it expires on a day other than the day of expiry of a recurring period; but in any such case in respect of the last period of the tenancy the rent payable shall where appropriate be apportionable. (3) A notice to quit or demand for possession may be given or made (a) in any manner in which apart from this Act it might be given or made; or (b) by substituted service in accordance with rules made under section four of the Justices Act 1958 for the purposes of this sub-section.

11 1958. Landlord and Tenant. No Upon the hearing of the complaint and upon proof by Mode of admission or otherwise of the holding and of the end or other andproo? 8 determination of the tenancy with the time or manner thereof and juices, (where the title of the landlord has accrued since the letting of the No s. 72; premises) the right by which he claims the possession and of the s. 85(c); service of the complaint and summons thereon as aforesaid and N V 5 ( 2 <o. of the neglect or refusal (as the case may be) of the tenant or occupier to deliver up possession of the premises or of any part thereof of which he is in possession the justices or any two of them unless such tenant or occupier appears and shows to the satisfaction of the court reasonable cause why possession should not be given (or, after the case has been heard and determined, the clerk of petty sessions) may issue a warrant under their or his hand, to any member of the police force authorizing and commanding such member and all other members of the police force acting for the district within a period to be named in such warrant not more than thirty clear days from the date thereof to enter by force and with assistance if needful into the premises and give possession of the same to such landlord or agent. Such warrant may be in the form set out in the Fifth Schedule. schedule. 34. Entry upon any such warrant shall not be made on Sunday Entry upon suv such warrant not tt> Good Friday or Christmas Day or at any time except between the hours of nine in the morning and four in the afternoon. be on Sunday No s Nothing herein contained shall be deemed to protect any 1% ** person on whose application and to whom any such warrant is right to granted from any action which is brought against him by any such obtaining tenant or occupier for or in respect of such entry and taking bep'rsected' 0 from actions. possession, where such person had not at the time of the granting No s. 74. the same lawful right to the possession of the said premises; and nothing herein contained shall affect any rights to which any person may be entitled as outgoing tenant by the custom of the country or otherwise. 36. In every case in which the person to whom any such wrong/uiiy warrant is granted had not at the time of granting the same lawful warrant to be right to the possession of the premises, the obtaining of any such trespass 8 warrant as aforesaid shall be deemed a trespass by him against No s. 75. the tenant or occupier of the premises, although no entry is made by virtue of the warrant. 37. In case any such tenant or occupier will become bound Execution of with two sureties as hereinafter provided to be approved of by the stayed on said justices in such sum as to them seems reasonable (regard being r^igson 0 had to the value of the premises and to the probable costs of an No s. 76. action) to sue the person to whom such warrant was granted with effect and without delay and to pay all the costs of the proceedings in such action in case a verdict passes for the defendant or the

12 Landlord and Tenant. No Effect of judgment in the action. plaintiff discontinues or does not prosecute his action or becomes nonsuit therein, execution of the said warrant shall be stayed until judgment has been given in such action. And if upon the trial of such action a verdict passes for the plaintiff, such verdict and the judgment thereupon shall supersede the warrant so granted and the plaintiff shall be entitled to his costs in the said action. The bond to whom made and actions thereon. No s Every such bond shall be made to the landlord or his agent at the cost of the landlord or his agent, and shall be approved of and signed by the said justices; and if the bond so taken is forfeited, or if upon the trial of the action for securing the trial of which such bond was given the judge by whom it is tried does not indorse upon the record in court that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action and recover thereon; and the court where such last-mentioned action is brought may by order of the court give such relief to the parties upon such bond as may be agreeable to justice; and such order shall have the nature and effect of a defeasance to such bond. Protection of justices. No s No action or prosecution shall be brought against the said justices by whom such warrant aforesaid has been issued, or against any member of the police force by whom any warrant is executed, for issuing such warrant or executing the same respectively, by reason that the person on whose application the same was granted had not lawful right to the possession of the premises. Effect of irregularity. No s Where the landlord at the time of applying for such warrant as aforesaid had lawful right to the possession of the premises or of the part thereof so held over as aforesaid, neither the landlord nor his agent nor any other person acting on his behalf shall be deemed to be a trespasser by reason merely of any irregularity or informality in the mode of proceeding for obtaining possession under the authority of this Part. But the party aggrieved may if he thinks fit bring an action for such irregularity or informality, in which the damage alleged to be sustained thereby shall be specially laid and may recover full satisfaction for such special damage together with costs. Costs where damages do not exceed five shillings. No s In case the special damage so laid as aforesaid is not proved, the defendant shall be entitled to a verdict; and if damage is proved but is assessed by the jury at a sum not exceeding five shillings, then the plaintiff shall recover no more costs than damages unless the judge before whom such trial had been held certifies upon the record that in his opinion full costs ought to be allowed.

13 1958. Landlord and Tenant. No Where any party to any proceedings under this Part dies Death of whether before or after the termination of the proceedings his terminate executor or administrator after filing with the clerk of petty sessions g? ceedin B s > an affidavit showing that he is such executor or administrator may NO.SM6 8.6(1). continue such proceedings or enforce any order thereunder to the same extent and by the like means and in the same circumstances as such party might have done if living, and in all cases in which it is necessary so to do there may be substituted for the name of such party the name of such executor or administrator as the executor or administrator of the deceased party. PART V. CONTROL OF RENTS AND RECOVERY OF POSSESSION. DIVISION 1. INTRODUCTORY. Interpretation. 43. (1) In this Part unless inconsistent with the context interpretation, or subject-matter 2!Vco 8.3. " Acts previously in force " means the Landlord and Tenant Acts Act 1948, the Landlord and Tenant (Amendment)? T iym Act 1948, the Landlord and Tenant (Servicemen) Act 1950, the Landlord and Tenant Act 1953, the Landlord and Tenant Act 1954, and the Landlord and Tenant (Amendment) Act 1955 as in force before the commencement of the Landlord and Tenant (Control) Act 1957 and that Act as in force before the commencement of this Act. " Application " means an application to a Board under Apputhis Part. cation " " Authorized officer " means any person appointed by the " Authorized Minister in writing to be an authorized officer for the offioer " purpose of this Part or the Acts previously in force. " Base rent " of any prescribed premises means " Base rent.- (a) the rent payable in respect of the premises at the thirty-first day of December One thousand nine hundred and forty; or VOL IV. 24 (b) (where the premises were not in existence or were not let at that date) the rent payable under the lease by which the premises were first let after that date: Provided that where at any time before the first day of January One thousand nine hundred and fifty-six a Board determined as the fair rent of the premises a lesser rent than the rent payable as aforesaid that lesser rent shall be taken as the base rent of those premises.

14 Landlord and Tenant. No " Base value." ' Board.' " Business premises." " Determination.' " Division." " Dwellinghouse." " Higher rent dwelling." ' Lease.' " Base value " of any prescribed premises means the capital value of the premises (a) at the thirty-first day of December One thousand nine hundred and forty; or (b) (if the premises were not in existence on that date) on the date on which the erection of the premises was completed. " Board " means Fair Rents Board under this Part. " Business premises " means prescribed premises, not being a dwelling-house. " Determination " means determination of the fair rent of any premises, or of any premises together with goods leased therewith, made by a Board under this Part or the Acts previously in force or continued in force under those Acts. " Division " means Division of this Part. " Dwelling-house" means any prescribed premises (including shared accommodation) leased for the purposes of residence, and includes (a) the premises of any lodging-house or boarding-house; (b) any part of premises which is leased separately for the purposes of residence but does not include premises licensed for the sale of spirituous or fermented liquors or premises which though leased for the purposes of residence have ceased to be used for those purposes to any substantial extent. " Higher rent dwelling " means prescribed premises, being a dwelling-house, which were leased at the thirty-first day of December One thousand nine hundred and forty or at any time within five years before that day at a rent (not including the rent of any goods then leased therewith) of not less than the rate of Two pounds ten shillings per week and which at the first day of November One thousand nine hundred and fifty-four were unoccupied or were occupied by a lessee solely for residential purposes and were not a boarding-house or a common lodging-housing within the meaning of the Health Act 1958 and were not sub-let in part to any person. " Lease" includes every contract for letting of any prescribed premises, whether the contract is express or implied, or is made orally, in writing or by deed, and includes a contract for the letting of prescribed premises together with goods, but does not include any

15 1958. Landlord and Tenant. No tenancy at will implied at law in any mortgage or agreement for the sale and purchase of land or any lease arising under an attornment clause in a mortgage or in an agreement for the sale and purchase of land or any lease arising under a clause in a mortgage or in an agreement for the sale and purchase of land (however expressed and whenever executed) whereby in case of default the mortgagee or the vendor (as the case may be) is given the powers of a lessor with respect to recovery of possession or ejectment. " Lessor " and " lessee " mean the parties to a lease, or " Lessor." their respective successors in title, and include " Lessee " (a) a mesne lessor and a mesne lessee; (b) a sub-lessor and a sub-lessee; and (c) in respect of premises which are subject to a mortgage, a mortgagee who enters or has entered into possession of the premises under the mortgage and a person who was the lessee of the premises under the mortgagor immediately prior to the mortgagee entering into possession respectively. " Ordinary dwelling" means prescribed premises, being Jj^jSJf 3?? a dwelling-house (not being a higher rent dwelling and not being premises in respect of which a declaration order or direction has been made under section fifty-six of the Housing Act 1958 or any corresponding previous enactment and is in force declaring those premises to be unfit for human habitation or directing that they be repaired or demolished). " Prescribed " means prescribed by this Part or the Acts " Prescribed." previously in force or by the regulations. " Prescribed premises " means any premises, other than p r emis C e^d (a) premises which immediately before the commencement of the Landlord and Tenant (Control) Act 1957 (i) were excepted from the interpretation of " Prescribed premises " under the Landlord and Tenant Act 1948 by reason of their being holiday premises as therein defined or by reason of their being used for the time being or ordinarily used as a grazing area, farm, orchard, market garden, dairy farm, poultry farm, pig farm or bee farm; or

16 1958. Landlord and Tenant. No (ii) were excluded from the operation of that Act or of any specified provision of that Act by virtue of a certificate under section four of that Act; (b) premises which immediately before the commencement of the Landlord and Tenant (Control) Act 1957 were excluded from the operation of Part III. of the Landlord and Tenant Act 1948 by virtue of a certificate under section fifty-nine or section sixty of that Act; (c) premises which were or are erected, or the erection of which was or is completed, after the first day of February One thousand nine hundred and fifty-four; (d) premises which were not let to a lessee at any time between the thirty-first day of December One thousand nine hundred and forty and the first day of February One thousand nine hundred and fifty-four; (e) premises in respect of which a lease in writing for a term of not less than three years was entered into before the commencement of this Act in accordance with section three of the Landlord and Tenant Act 1953 (as modified or affected by any Act) or with section four of the Landlord and Tenant (Amendment) Act 1955 or with section eight of the Landlord and Tenant (Control) Act 1957 and which by the operation of any of those sections ceased to be prescribed premises under the Acts previously in force; (/) premises in respect of which a lease was entered into before the commencement of this Act in accordance with section three of the Landlord and Tenant (Amendment) Act 1955 or section seven of the Landlord and Tenant (Control) Act 1957 and which by the operation of either of those sections ceased to be prescribed premises under the Acts previously in force; (g) premises which are the property of any municipality, including the City of Melbourne and the City of Geelong, or of any waterworks trust under the Water Act 1958;

17 1958. Landlord and Tenant. No (h) premises, or the premises included in any class of premises, which are or were declared by the Governor in Council by Order published in the Government Gazette, to be excluded from the operation of this Part or the Acts previously in force; and (/) premises which cease to be prescribed premises by the operation of any of the subsequent provisions of this Division and includes any part of any premises and any land or appurtenances leased with any premises: Provided that where pursuant to this Part or the Acts previously in force any premises are or were by Order of the Governor in Council declared to be premises to which this Part or the said Acts apply or applied or to be " special premises " and that Order is for the time being in force the premises to which the Order relates shall be prescribed premises notwithstanding that those premises were previously excepted from the interpretation of " Prescribed premises ". " Rates " includes any rates or charges made or levied by "Raies.- any local authority or other local governing body, including any municipal or city council and water or sewerage authority. " Regulations " means regulations made under this Part jj t Re * u ;, or the Acts previously in force. " Rent" means the actual rent payable under a lease, and " Rem." includes (a) the value to the lessor of any covenants, conditions or other provisions of, or relating to, the lease to be performed by the lessee, other than covenants, conditions and provisions usually entered into by a lessee; and (b) any rates or taxes payable by a lessee in respect of any premises, other than excess water rates and where, in any lease it is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, that reduced amount shall be deemed to be the rent payable under the lease; any rebate, discount, allowance or other reduction is provided for, the amount payable after each such reduction is made shall be deemed to be the rent payable under the lease.

18 1958. Landlord and Tenant. No " Shared accommodation.' " Tax." 1 Lessee." 1 Lessor." ' Rent." " Let to a lessee." " Higher rent dwelling." " Shared accommodation " means any prescribed premises leased for the purpose of residence and forming part of other prescribed premises, but does not include any prescribed premises forming a complete residence in themselves or any premises which form such a complete residence except that the laundry facilities available to the tenant are shared by him with other persons. " Tax " includes any tax, whether on land or on income derived from land, imposed by any law of the Commonwealth or of the State. (2) For the purposes of this Part " lessee " includes a person who remains in possession of premises after the termination of his lease of the premises, and " lessor " has a corresponding meaning. (3) Where the lessor of prescribed premises supplies or provides any service in connexion with the premises and a separate charge is made for those services, the amount charged shall for the purposes of this Part be deemed to form part of the rent payable under the lease. (4) For the purposes of paragraph (d) of the interpretation of " Prescribed premises " any premises, being a dwelling-house, which were at any time during the period referred to in the said paragraph (a) let to a lessee by reason only that the lessor or, where there was more than one lessor, one of the lessors was on or about to go on war service; or (b) let to a lessee pursuant to a certificate issued under section fifty-nine of the Landlord and Tenant Act 1948 shall be deemed not to have been let to a lessee. In this sub-section " war service " means service as a member of the Naval Military or Air Forces of the Commonwealth of Australia during any war, hostilities or assignment in which the Commonwealth or any unit or detachment or member of the said Forces with the sanction of the Commonwealth was engaged at any time during the relevant period. (5) For the purposes of the interpretation of " Higher rent dwelling ", where at the thirty-first day of December One thousand nine hundred and forty or at any earlier date the rent payable for any premises included a rent of any goods then leased therewith, a part of the rent shall be deemed to have been payable as the rent of the premises and the remainder in respect of the goods in proportion to the relative values of the premises and of the goods respectively, and in the absence of evidence as to the said relative values four-fifths of the total rent shall be deemed to have been payable as the rent of the premises.

19 1958. Landlord and Tenant. No (6) Any premises which are excluded from the interpretation Excluded of " Prescribed premises " by virtue of any of the paragraphs of that interpretation shall not again become or be prescribed premises premises c pt y except by Order of the Governor in Council made under section o r c f e rm forty-four or section forty-five of this Act. council. to become Application of Act. 44. (1) The Governor in Council may, by Order published Declarations in the Government Gazette, declare that the application of this Part application shall extend to any particular premises specified in the Order and ^ewg s 4 those premises shall thereupon become prescribed premises. (2) The Governor in Council may, by Order published in the Government Gazette, declare that any premises, or the premises included in any class of premises, shall be excluded from the operation of this Part or of such of the provisions of this Part as are specified in the Order, and thereupon those premises, or premises of that class, shall be excluded accordingly. (3) An Order may be made and shall have full force and effect under sub-section (1) of this section in respect of the specified premises to which it relates, notwithstanding that those premises have always been or prior to the making of the Order (and whether before or after the commencement of this Part) had become by or pursuant to the operation of some other provision of this Part or the Acts previously in force excluded from the operation of Divisions two, three and four of this Part or the corresponding provisions in the said Acts. 45. (1) Where the Governor in Council by Order published Declaration in the Government Gazette declares any particular premises premises' specified in the Order to be " special premises " for the purposes?fienof e. cl of this Part, then any contract agreement or arrangement by N O.6098S. 5. whatever name called, whether oral or in writing and whether made before or after the publication of the said Order, whereby for valuable consideration any person is licensed authorized or permitted to occupy or use those premises or any part of those premises for any purpose, whether exclusively or not and whether as a boarder or lodger or otherwise and whether or not any services are provided for or supplied to that person in relation to such occupation or use, shall be deemed from the publication of the said Order or from the making of the said contract agreement or arrangement (whichever last happens) to be a lease or sub-lease (as the case requires) of the premises or the part thereof as aforesaid and the premises and every such part shall be prescribed premises and the consideration payable (including any consideration payable for any service provided or supplied as aforesaid) shall be

20 Landlord and Tenant. No deemed to be rent, and the provisions of this Part (other than sections eighty-three and ninety-six) shall, so far as applicable, apply accordingly subject to the modifications that (a) sub-section (3) of section eighty-two shall be read and construed as if for the words " for a period determined in accordance with the next succeeding section " there were substituted the words " for a period of not less than seven days "; and (b) sub-section (6) of section eighty-two shall be read and construed as if for paragraph (d) thereof there were substituted the following paragraph "(d) (i) that the conduct of the lessee is a nuisance or annoyance to any other occupant or occupants of the premises or of the building in which the premises are situated or tends to bring the premises or building as aforesaid into disrepute; or (ii) that the premises are reasonably required by the lessor for occupation by himself or by his son, daughter, father, mother, brother or sister, or by some person who ordinarily resides with and is wholly or partly dependent upon him ". (2) The Governor in Council may from time to time make and in like manner revoke amend or vary Orders for the purposes of the last preceding sub-section, and any Order so amended or varied shall thereafter apply accordingly. (3) An Order may be made and shall have full force and effect under sub-section (1) of this section in respect of the specified premises to which it relates, notwithstanding that those premises have always been or prior to the making of the Order (and whether before or after the commencement of this Part) had become by or pursuant to the operation of some other provision of this Part or the Acts previously in force excluded from the operation of Divisions two, three and four of this Part or the corresponding provisions of the said Acts. Certain contracts for occupation of prescribed premises as residences deemed leases. No s (1) For the purposes of this Part any contract agreement or arrangement by whatever name called, whether oral or in writing and whether made before or after the commencement of this Part, whereby for valuable consideration any person is or was licensed authorized or permitted to occupy and use prescribed premises for the purpose of residence (otherwise than as a tenant at will implied at law in any mortgage or agreement for the sale and purchase of land or as a bona fide lodger or boarder or in pursuance of or in connexion with a contract of employment) shall be deemed from the first day of February One thousand nine hundred and fifty-four

21 1958. Landlord and Tenant. No or from the making thereof (whichever last happened or happens) to be and to have been a lease or sub-lease (as the case requires) of the premises and the consideration payable shall be deemed to be and to have been rent. (2) For the purposes of this Part any contract agreement or arrangement by whatever name called, whether oral or in writing and whether made before or after the commencement of this Part, whereby for valuable consideration any person is or was licensed authorized or permitted to occupy and use prescribed premises for the purposes of or in connexion with any trade industry business profession or calling carried on by him shall, if in fact the premises are not or were not bona fide concurrently occupied or used by any other person, be deemed from the first day of February One thousand nine hundred and fifty-four or from the making thereof (whichever last happened or happens) to be a lease or sub-lease (as the case requires) of the premises and the consideration payable shall be deemed to be and to have been rent. Certain contracts for occupation of prescribed premises for business purposes deemed lenses. 47. (1) Except as provided in sub-sections (2) and (3) of New leases this section where a lease (whether or not in writing) is entered subject to into in respect of any prescribed premises the provisions of Divisions *' ^ s 7 two, three and four of this Part (other than sections one hundred and one and one hundred and seventeen of this Act shall not apply with respect to that lease of the premises, and when the lessee goes into occupation of the premises under that lease the premises shall cease to be prescribed premises and to be subject to the provisions of the said Divisions of this Part. (2) The provisions of the last preceding sub-section shall not saving in apply respect existing of (a) in respect of any lease entered into with a lessee who immediately before entering into the lease is the lessee of the premises or is deemed such a lessee by force of any provision of this Part or is in occupation of the premises by force of section one hundred and six of this Act; or (b) in respect of any sub-lease which becomes a lease by force of any provision of this Part; or (c) in respect of any lease of premises which are for the time being the subject of an Order, made under section forty-four or section forty-five of this Act or either of the corresponding previous enactments, declaring the premises to be premises to which this Part or the Acts previously in force apply or to be special premises. (3) Nothing in sub-section (1) of this section shall affect in any way the rights under this Part of any lessee or sub-lessee who has not entered into such a lease as is referred to in that sub-section. lessees &c.

22 Landlord and Tenant. No Leases in writing for 3 years or more not to be subject to this Part. No s. 8. Provision in respect of late executed leases. Savings as to rights of lessees Ac. This Part not to apply to business premises after 1st August, Crown not bound. No s. 10. Constitution of Fair Rents Boards. No s. 11. Abolition of Boards. 48c (1) Where a lease in writing for a term of not less than three years is entered into in respect of any prescribed premises (a) the provisions of Divisions two, three and four of this Part (other than sections one hundred and one and one hundred and seventeen of this Act) shall not apply with respect to that lease of the premises; and (b) except as hereinafter provided on the commencement in occupation of the term granted by the lease the premises shall cease to be prescribed premises and to be subject to the provisions of the said Divisions of this Part. (2) The fact that the term of a lease in writing for three years or more is expressed to commence prior to the date of execution of the lease shall not preclude the operation of the last preceding sub-section or be deemed to have precluded the operation of the corresponding previous provision in respect of that lease if in fact the lessee is or was in occupation of the premises from the commencement of the term subject to the covenants and conditions later expressed in the lease and the lease is or was executed within three months after the commencement of the term. (3) Nothing in sub-section (1) of this section shall be deemed to authorize any lessor to require any lessee in occupation of premises to enter into such a written lease as is referred to in that sub-section. (4) Nothing in sub-section (1) of this section shall affect in any way the rights under this Part of any lessee or sub-lessee who has not entered into such a lease as is referred to in that sub-section. 49. On the first day of August One thousand nine hundred and fifty-nine all prescribed premises which immediately before that date are business premises shall cease to be prescribed premises and the provisions of this Part shall cease to apply to those premises. 50. This Part shall not bind (a) the Crown in right of the Commonwealth or of the State; or (b) the Housing Commission of Victoria. DIVISION 2. RENT CONTROL. Subdivision 1. Administration. 51. (1) The Governor in Council for the purposes of this Part may by Order published in the Government Gazette constitute Fair Rents Boards at such places and in respect of premises in such areas as he thinks fit. (2) The Governor in Council may by like Order abolish any Fair Rents Board and by the same or any subsequent Order make provision for the transfer of pending proceedings before that Board to some other Board and proceedings so transferred may be heard and determined by that other Board.

23 1958. Landlord and Tenant. No (3) Each Board shall consist of a stipendiary magistrate who $ 5 {fc, t a t r u ] tion is for the time being assigned by the Governor in Council for the purpose. (4) The Governor in Council may by Order published in the Rules. Government Gazette make rules relating to proceedings before Boards for the purposes of this Part. (5) Notwithstanding anything in the Public Service Act 1958 J^S* of where a Board or Boards is or are constituted in relation to the Melbourne and metropolitan area or any part thereof the stipendiary magistrate constituting any such Board shall be entitled to be paid such additional emolument as the Governor in Council determines. (6) The Governor in Council may by Order published in the ^J^ " 1 Government Gazette amend or vary any Order made (whether before or after the commencement of this Part) under sub-section (1) or sub-section (4) of this section or the corresponding previous enactments, and any Order so amended or varied shall thereafter apply accordingly. 52. (1) The Minister or an authorized officer may by writing Delegation of under his hand delegate all or any of his powers or functions under functions, this Part or under any Order made under this Part or under the No S Acts previously in force (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate. (2) Any delegation by the Minister or an authorized officer under this section or under the corresponding provision in the Acts previously in force shall be revocable in writing at will and no such delegation shall prevent the exercise of any power or function by the Minister or an authorized officer. 53. The Minister or any authorized officer and (within the Powers of area of its jurisdiction) each Board shall have and may exercise authorized such powers and functions as are conferred upon him or it by this B*ardl. and Part. No s (1) The Governor in Council may appoint such officers officers and and inspectors as are necessary for the administration of this Part. Noam's. 14. (2) Every such appointment shall be for such period and on such terms and conditions and with entitlement to such remuneration and travelling and other expenses as the Governor in Council determines. (3) No person so appointed shall in respect of his office be subject to the provisions of the Public Service Act 1958 but if any such person is at the time of his appointment an officer of the public service he shall subject to the said Act continue to be an officer of the public service.

24 1958. Landlord and Tenant. No m (4) If any person so appointed is at the time of his appointment an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment lie shall subject to that Act continue to be an officer within the meaning of that Act. (5) Every person appointed as an officer or inspector before the commencement of this Act pursuant to the Acts previously in force and holding that office or employment at the said commencement shall subject to this Part continue to be such an officer or inspector under this Part. Indemnity. No s No matter or thing done by the Minister or any Board or by any officer or inspector or any other person whomsoever acting under the authority or instruction of the Minister or of any Board or of this Part shall if the matter or thing was done bone fide for the purposes of executing this Part subject any of them personally to any action, liability, claim or demand whatsoever. fair rents of premises under Nos &c. to continue under this Part. No s. 16. Existing rents &c. of premises brought under this Part by Order to be fair rents under this Part. SUBDIVISION 2. FAIR RENTS. Statement of Fair Rents. 56. (1) The fair rent of any prescribed premises or of any prescribed premises together with goods leased therewith in force immediately before the commencement of this Act under the Acts previously in force shall under this Part continue to be the fair rent of the prescribed premises or of the prescribed premises together with goods (as the case requires) until altered in accordance with this Part, and notwithstanding any term or covenant in any lease in force after the said commencement the rent payable in respect of the prescribed premises shall not exceed the fair rent of the premises under this Part. (2) Where after the commencement of this Act (a) the application of this Part is declared by Order of the Governor in Council pursuant to sub-section (1) of section forty-four of this Act to extend to any particular premises; or (b) any particular premises are declared by Order of the Governor in Council pursuant to sub-section (1) of section forty-five of this Act to be special premises for the purposes of this Act then the rent or other consideration payable immediately before the publication of the Order in respect of the specified premises or, in the case of special premises, in respect of the occupation or use of the specified premises or a part thereof, including any consideration payable for any services provided or supplied, shall under this Part be the fair rent of the premises or of that part of the premises (as the case requires) until altered in accordance with this Part, and notwithstanding any term or covenant in any lease contract agreement or arrangement the rent payable shall not exceed the fair rent of the premises under this Part.

25 1958. Landlord and Tenant. No (3 ) The fair rent of any prescribed premises shall not be altered Jj^jjf,, 0^ except fair rent. (a) by a determination of the appropriate Board as hereinafter provided; (b) by an agreement in writing signed by the lessor and the lessee pursuant to and in accordance with one of the following provisions of this Division; or (c) by service by the lessor on the lessee of a notice in writing requiring pursuant to and in accordance with one of the following provisions of this Division an increase in the rent of the premises. Determination of Fair Rents by Board. 57. The lessor of any prescribed premises or a lessee thereof ^pp fi l^nlio 'J 3 who has paid or has offered (either to the lessor personally or to the fair rents. person to whom the rent is ordinarily paid) the money payable for No s - " all rent due and payable under the lease up to a date not earlier than twenty-eight days before the date of the application may apply in writing to the appropriate Board to have the fair rent of the premises determined by the Board. 58. (1) The applicant shall give at least seven days notice in N '«* of writing of the time date and place of the hearing of the application ^.Swssl'is. to the lessor or lessee (as the case may be) of the prescribed premises. (2) Where an application is made by a mesne lessor or mesne lessee or by a sub-lessor or sub-lessee the lessor shall give at least seven days notice in writing of the time date and place of the hearing of the application to his superior lessor and such superior lessor shall be entitled to be a party to the application. (3) Where a superior lessor to whom notice is given under the last preceding sub-section or under this sub-section is himself a lessee mesne lessee or sub-lessee the lessor shall give at least seven days notice in writing of the time date and place of the hearing of the application to his superior lessor and such superior lessor shall be entitled to be a party to the application. (4) Where any prescribed premises in respect of which an application is made are the subject of a mortgage the lessor shall give at least seven days notice in writing of the time date and place of the hearing of the application to the mortgagee, who shall be entitled to be a party to the application. 59. (1) Where an application has been made for the Deter r determination of the fair rent of any prescribed premises a Board "ppilctuo 0^. may after making such inquiries and obtaining such valuations and NO S. 19. reports (if any) as it considers necessary and after considering any representations made by any person whose rights may be affected by the determination, determine the fair rent of the prescribed premises or refrain from making a determination.

26 Landlord and Tenant. No (2) A Board shall not be bound by legal forms or solemnities or by any rules of evidence but may inform itself in such manner as it thinks fit. (3) Any person who is a party to any proceedings before a Board may with the approval of the Board be represented by counsel solicitor or agent who may examine witnesses and address the Board on that person's behalf. (4) (a) Except as provided in this sub-section every determination of a Board shall be final and without appeal. (b) There shall be an appeal, but only as to questions of law, to the Supreme Court from any determination of a Board. Date of operation of determination. No s. 20. Board may determine fair rent of its own motion. No s. 21. Board may determine rents under sub-leases on application by lessor of head lease. Inspection and valuation of prescribed premises. No s (1) Every determination of the fair rent of prescribed premises made by a Board shall come into force on a date fixed by the Board, but the date so fixed shall not be earlier than the date of the application. (2) After making any determination the Board shall give notice in writing thereof and of the date fixed as the date on which the determination shall come into force to the lessor and lessee and the lessor shall give similar notice to any other persons to whom notices are required to be given by any party under this Division. 61. (1) A Board may of its own motion after inquiry determine the fair rent of any prescribed premises. (2) The Board shall give to the lessor and lessee of the prescribed premises notice of its intention to determine the fair rent of the premises, and the notice so given to the lessor shall for the purposes of this Division be deemed to be an application by the lessor. (3) In determining the fair rent of premises under this section the Board shall have the same powers as it has in connexion with an application, and any determination so made by the Board shall have the same effect for all purposes as a determination made upon an application. (4) Without limiting or affecting the powers of a Board under the foregoing provisions of this section, where application is made to a Board for the determination of the fair rent of any premises in any of the circumstances referred to in section sixty-five of this Act the Board may of its own motion after serving notice of its intention so to do upon the sub-lessees concerned proceed to determine the fair rents under all or any of the sub-leases of any part or parts of the premises as well as determining the fair rent in respect of which the application is made. 62. A Board if it thinks fit may cause any prescribed premises to be inspected in connexion with the determination of the fair rent of the premises and may cause any valuation of or report upon any such premises to be made and may take any such valuation or report into consideration.

27 1958. Landlord and Tenant. No No costs shall be allowed in any proceedings before a costs not to r> J J r o be allowed. B a r d - No s (1) In determining the fair rent of any premises each Matters to be Board shall have regard to dssssss,",,,.,, -. fair rent. (a) the appropriate capital value of the premises as No S. 24. hereinafter defined; (b) the annual rates insurance premiums land tax and real estate agent's commission paid in respect of the premises; (c) the estimated annual cost of repairs, maintenance and renewals of the premises and fixtures thereon; (d) the estimated amount of annual depreciation in the value of the premises; (e) the rents of comparable premises in the locality of the premises the subject of the application; (/) the rate of interest charged upon overdrafts by the Commonwealth Trading Bank of Australia; (g) any services provided by the lessor or lessee in connexion with the lease; (h) any obligation on the part of the lessee to effect any improvements, alterations or repairs to the premises at his own expense; (/) the justice and merits of the case and the circumstances and conduct of the parties; and (/') any hardship which would be caused to the lessor or lessee or any other person by the making of a determination increasing or reducing the fair rent of the premises, including (but without limiting the generality of the word " hardship ") any loss which might be imposed upon the lessor by a determination fixing the fair rent of the premises at an amount less than the lessor's liability under a mortgage of, or contract of sale in respect of, the premises, or under a hire-purchase agreement or contract of sale in respect of any goods leased with the premises. (2) In paragraph (a) of the last preceding sub-section DefiniUonof '" appropriate capital value " means " appropriate (a) in respect of any prescribed premises, being a higher value " rent dwelling the capital value of the premises at "wlm^"' the date of the application for determination of the fair rent; (b) in respect of any prescribed premises, being an ordinary ordinary dwelling, which were let at the thirty-first K"to 8 3i e st day of December, One thousand nine hundred and r>" em ber ṣ forty, or were let after that date and before the ' 95 '

28 Landlord and Tenant. No Business premises let prior to 31st December, Other premises. Determination of rents of dwellinghouses used in part for business purposes after 1st August, 1959 Determination of fair rent of premises sub-let or occupied by lodgers or boarders. No s. 25. thirty-first day of December, One thousand nine hundred and fifty a capital value which is Twenty-five per centum in excess of the base value of the premises; (c) in respect of any prescribed premises, being business premises, which were let at the thirty-first day of December, One thousand nine hundred and forty, or were let after that date and before the thirty-first day of December, One thousand nine hundred and fifty a capital value which is Thirty per centum in excess of the base value of the premises; (d) in respect of any other prescribed premises a capital value being the base value of the premises. (3) Where on or after the first day of August One thousand nine hundred and fifty-nine application is made to a Board for the determination of the fair rent of prescribed premises being a dwelling-house which is used in part for purposes other than purposes of residence, the Board shall determine the part of the premises used wholly or primarily for residential purposes (hereinafter called " the residential part ") and the part used wholly or primarily for other purposes (hereinafter called " the non-residential part ") and shall determine a fair rent for the whole premises comprising (a) an amount equal to a fair rent for the residential part having regard to the appropriate capital value of that part in accordance with the appropriate paragraph of the last preceding sub-section; and (b) an amount equal to a fair rent for the non-residential part having regard to the capital value of that part at the date of application for determination of the fair rent but such determination shall not be regarded as creating separate premises or as apportioning the rent except for the purpose of this sub-section. 65. When application is made to a Board for the determination of the fair rent of any prescribed premises referred to in paragraph (b), (c) or (d) of sub-section (2) of the last preceding section and (a) those premises or any part or parts thereof is or are sub-let by the lessee; or (b) those premises or any part or parts thereof is or are occupied by lodgers or boarders the Board, if it deems it more equitable, in lieu of determining the fair rent in accordance with the said section may determine it (i) having regard to the matters referred to in sub-section (1) of the said section, but as if for the reference therein to the appropriate capital value of the

29 1958. Landlord and Tenant. No premises there were substituted a reference to the capital value of the premises at such date as the Board deems appropriate in view of the date or dates upon which sub-lease or boarding or lodging agreements were first made at the rents and charges payable at the date of the application; and in addition; (ii) having regard to the manner in which the premises are occupied and used, the depreciation of the premises arising from such use, the rents paid under the several sub-leases, the effect (if any) which the operation of the provisions of paragraph (a) of sub-section (2) of the said section or section sixty-eight of this Act or the corresponding previous enactment has had on those rents, the services (if any) provided by the lessee, the charges paid by the lodgers or boarders and such other factors as the Board considers relevant. Fixing Fair Rents by Notice. 66. The lessor of any prescribed premises, being an ordinary Power to dwelling or business premises, which were let at the thirty-first day Inquire 10 of December One thousand nine hundred and forty or were let ^ofce/tain after that date and before the thirty-first day of December One P "^"- No s. 26. thousand nine hundred and fifty, may, subject to the express provisions of any written lease of the premises for a fixed term which has not expired, by notice in writing served on the lessee, require that after the expiration of one month from the service of that notice the rent of the premises shall be increased to such amount as is specified in the notice, not being more than (a) in the case of an ordinary dwelling, Twenty-five per centum; and (b) in the case of business premises, Thirty per centum in excess of the base rent of the premises, and the amount so specified shall from the expiration of the said period of one month be the fair rent of the premises for all the purposes of this Part. 67. (1) Where pursuant to any Act or to any regulation or p OW erto by-law under any Act the lessor of any prescribed premises is Squire 0 required by any statutory authority to carry out any repairs «nun n to improvements or additions to those premises and the required respect of r. ij-. 1,1,. P-. carrying out additions &c. No s. 27. repairs improvements or additions are completed to the satisfaction repairs, of the said authority, then, if the existing fair rent of the premises was fixed prior to carrying them out, the lessor may, subject to the express provisions of any written lease of the premises for a fixed term which has not expired, by notice in writing served on the lessee require that after the expiration of one month from the service of

30 Landlord and Tenant. No Completion certificate and receipts to be produced. Evidence of carrying out repairs &c. the notice the rent payable in respect of the premises shall be increased to such an amount as is specified in the notice, not exceeding the sum of (a) the fair rent lawfully payable at the date of service of the notice; and (b) an addition calculated at the rate of Eight per centum per annum upon the amount expended by the lessor in carrying out the said repairs improvements or additions (including the value of any work done for that purpose by the lessor himself or by any person on his behalf without remuneration) and subject to the following provisions of this section the amount so specified shall from the expiration of the said period of one month be the fair rent of the premises for all the purposes of this Part. (2) Every such notice shall be accompanied by a copy of the completion certificate hereinafter referred to and copies of the receipts for the relevant expenditure (including, where applicable, an account of the value of any work done by the lessor or by any person on his behalf without remuneration) and a statement of the place at which and the reasonable days and hours during which the originals thereof will be open to inspection on demand. (3) If within the said period of one month a reasonable demand is made either verbally or by writing to the lessor by or on behalf of the lessee for production of the said certificate and receipts for inspection at the place and within the times stated in the notice and the said certificate and receipts are not duly produced for inspection, the provisions of sub-section (1) of this section shall not apply in respect of the notice given as aforesaid. (4) For the purposes of this section (a) " statutory authority " includes (i) any Minister or other officer of the Crown; (ii) any municipality (including the City of Melbourne and the City of Geelong); and (iii) any body corporate established by or under any Act for any public purpose; (b) " completion certificate" means a certificate purporting to be signed by (i) the Minister or officer in question; (ii) the town clerk or shire secretary of the municipality in question; or (iii) a member or officer of the body corporate in question certifying that the required repairs improvements or additions have been completed to the satisfaction of the statutory authority; and

31 1958. Landlord and Tenant. No (c) such a completion certificate shall be prima facie evidence of the matters contained therein. (5) Any lessee who is aggrieved by any notice served Appeal pursuant to this section may within fourteen days after service of rlqi ring ouce the notice appeal therefrom to the appropriate Board by writing r J eased in the prescribed form served on the lessor and the Board. (6) Such an appeal shall not stay the operation of the notice. (7) On the hearing of the appeal the Board may Powers of (a) determine the appeal and confirm or quash the notice appeal. or fix the amount of the rent which may be required to be paid pursuant to this section and for that purpose may disallow any amount of expenditure which it deems excessive and may determine the value of any work done by the lessor or by any other person on his behalf without remuneration; or (b) if it considers it more equitable or convenient to do so, treat the appeal as an application for the determination of the fair rent of the premises and proceed to determine the fair rent accordingly without regard to the provisions of this section. (8) Where the Board quashes the notice or fixes the amount Recovery of of the rent which may be required to be paid pursuant to this paid ssrent section at an amount lower than that stated in the notice, any amount which has been paid in the meantime in excess of the rent so fixed shall be regarded as rent paid in excess of the fair rent and may be recovered pursuant to section seventy-two of this Act. (9) Any person who knowingly serves with any notice given offences in pursuant to this section any copy of any certificate or receipt which fats P e e copl is false or misleading in any material particular or who forges any cerufirat'es or certificate or receipt or utters any forged certificate or receipt shall, rece 'P ts - without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence against this Part and liable to punishment accordingly. Fixing Fair Rents by Agreement. 68. Where an agreement in writing in the prescribed form is Fixing fair entered into by the lessor and the lessee of any prescribed premises, fe { Swelling' being a higher rent dwelling or business premises, the amount p^fj ^ specified in that behalf in the agreement shall be for all purposes agreement. the fair rent of the premises as from the day specified in that N s 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 sub-section (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.

32 Landlord and Tenant. No Fixing fair rent of other premises by agreement. No s Where substantial alterations or additions are made (a) to any prescribed premises other than those referred to in the last preceding section; or (b) (if the lease provides for the use of any goods in connexion with the letting of the premises) to the goods then, if the existing fair rent of the premises was fixed prior to the making of those alterations or additions, the lessor and the lessee may make an agreement in writing with respect to the rent of the premises, and where such an agreement is made the amount specified in that behalf in the agreement shall for all purposes be the fair rent of the premises as from the date 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 sub-section (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. l'eriodior i ent'may be ^""Loo No s Period for Payment of Rent. 70. Any determination agreement or notice under this Part fixing the fair rent of any prescribed premises may fix the rent to be so payable at an amount payable for every week, month, or r <. r J J other period. Effect of Fixing Fair Rent. Meet of 71. (1) Where the fair rent of any prescribed premises has fixing fair k een Qr j s ^ ^ ^y or p Ursua nt to this Part then until it is again NO s. 3i. 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. ' '

33 1958. Landlord and Tenant. No Where any sum has been paid on account of any rent, Recovery of being a sum which by virtue of this Part would have been ^"^""'j irrecoverable by the lessor, the sum so paid shall be recoverable as a debt in any court of competent jurisdiction from the lessor who received the payment by the lessee by whom it was paid, and may, without prejudice to any other method of recovery, be deducted by that lessee from any rent payable by him to such lessor within six months after the date of the payment. 73. (1) If the fair rent of any prescribed premises has been Time for fixed by a determination (whether before or after the fofl I j C rem ns commencement of this Act) no further proceedings under this determination. Part for the determination of the rent of those premises by a Board NO S. 33. 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 decreased 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 sub-section 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 had not been so previously fixed. Extension of Application of Division. 74. (1) This Division shall extend and apply in relation to Lease of prescribed premises together with goods leased therewith and any Together reference in this Division to prescribed premises shall so far as with 8 ods - applicable, include a reference to prescribed premises together No s with goods leased therewith.

34 Landlord and Tenant. No (2) In the case of prescribed premises which are leased together with goods, a Board may fix the fair rent of the premises irrespective of the goods or may, in its discretion, fix the fair rent of the premises together with the goods leased therewith. Penally for demanding rent in excess of fair rent fixed. No s. 35. Sub-division 3. General. 75. (1) Any person who, whether as principal or agent or hi any other capacity, in any rent book or similar document wilfully makes any entry showing or purporting to show any lessee as being in arrear in respect of any sum which by virtue of this Division is irrecoverable, shall be guilty of an offence against this Part. (2) Any person who, whether as principal or agent or in any other capacity, wilfully demands or wilfully receives as rent in respect of any prescribed premises any sum which by virtue of this Division is irrecoverable, shall be guilty of an offence against this Part. (3) Any person who is knowingly a party to any contract or arrangement under which any sum is paid or agreed to be paid to that person as rent for any prescribed premises shall, if that sum is by virtue of this Division irrecoverable, be guilty of an offence against this Part. Kecordof 76. (1) Any lessor of any prescribed premises who fails, by No s. 36 himself or his agent, to keep or cause to be kept a record showing the rent received in respect of those premises shall be guilty of an offence against this Part. (2) Any lessor of any prescribed premises or any agent of any such lessor who wilfully makes or wilfully allows to be retained, in any record showing the rent of those premises, any entry which is false in a material particular shall be guilty of an offence against this Part. Certain payments prohibited. No s (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.

35 1958. Landlord and Tenant. No (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 (/) of sub-section (1) of section ninety-three of this Act. 78. Upon application in writing describing any premises, and upon payment of a fee of One shilling, the authorized officer shall give or send by post to the person so applying a statement in writing as to whether any determination fixing the fair rent of the premises is in force and the amount and other particulars of such rent. Supply of particulars as to rent of premises. No s If the payment of the rent of any prescribed premises is Effect on guaranteed and subsequently to the giving of the guarantee the fixing rent, fair rent of the premises is fixed under this Part, then, if the NO.6098S.39. rent so fixed is less than the amount so guaranteed, the guarantee shall be construed as if the amount guaranteed to be paid was the amount fixed as the fair rent under this Part; but in any other case the fixing of the fair rent under this Part shall not affect the guarantee. 80. (1) In any proceedings before any court, a certificate by the stipendiary magistrate constituting a Board that, in respect of a period specified in the certificate, the fair rent of any prescribed premises was fixed by a determination under this Part or the Acts previously in force, and specifying the amount thereof, shall be evidence of the matters certified to. (2) Judicial notice shall be taken of the signature of the person signing any such certificate and of the fact that he is, or has been, the stipendiary magistrate constituting the relevant Board. (3) A stipendiary magistrate constituting a Board may sign a certificate for the purposes of this section notwithstanding that the fair rent to which the certificate relates was fixed by the Commonwealth Rent Controller or by another magistrate constituting a Board. Certificate as to rent. No s. 40.

36 Landlord and Tenant. No Mode of proof of rent payable at 31st December, 1940, or earlier date. No s For the purposes of this Division a certificate, purporting to be signed by the town clerk or shire secretary or valuer of any municipality, to the effect that in the records of that municipality a rent specified in the certificate is shown as having been the rent of any specified premises at any specified date before or within one year after the thirty-first day of December One thousand nine hundred and forty shall be prima facie evidence (a) that the rent so specified was the rent payable in respect of the premises at the specified date; and (b) (where that date is within twelve months before or after the thirty-first day of December One thousand nine hundred and forty) that the rent so specified was also the rent payable in respect of the premises at the said thirty-first day of December. DIVISION 3. RECOVERY OF POSSESSION. Notices to Quit. Restrictions on eviction. No s (1) Notwithstanding anything in this Act, except as provided by this Division the lessor of any prescribed premises shall not give any notice to terminate the tenancy or take or continue any proceedings to recover possession of the premises from the lessee or for the ejectment of the lessee therefrom. (2) A notice to quit given in contravention of this section shall not operate so as to terminate the tenancy in respect of which the notice was given. (3) Subject to this Division, a lessor may take proceedings in any court of competent jurisdiction for an order for the recovery by him of any prescribed premises (or of any goods leased therewith) or for the ejectment of the lessee therefrom if the lessor, before taking the proceedings, has given to the lessee, upon one or more of the prescribed grounds but upon no other ground, notice to quit in writing for a period determined in accordance with the next succeeding section, and that period of notice has expired. Service of notice to quit. (4) Service of the notice to quit may, without prejudice to any other mode of service, be effected (a) by delivering the notice to some person apparently over the age of sixteen years and apparently residing in or in occupation of the premises; (b) by delivering the notice to the person by whom the rent of the premises is customarily paid; or

37 1958. Landlord and Tenant. No (c) by substituted service in accordance with rules made under section four of the Justices Act 1958 in relation to service of notices to quite for the purposes of this Part and service of the notice in any manner authorized by this sub-section shall, notwithstanding that the lessee has died and that probate of his will or letters of administration of his estate have not been granted, be effective for all the purposes of this Part. (5) Section two hundred and one of the Justices Act 1958 Application shall, without limiting the generality of the provisions thereof, Ac" i " :es apply to and with respect to the service of notices to quit for the $% $ purposes of this Part. (6) The prescribed grounds shall be Prescribed r grounds for (a) that the lessee has failed to pay the rent in respect qult" s of a period of not less than twenty-eight days; (b) that the lessee has failed to perform or observe some other term or condition of the lease and the performance or observance of that other term or condition has not been waived or excused by the lessor: Provided that notice in writing specifying the breach of such performance or observance has been served on the lessee and the lessee for a period of not less than fourteen clear days has failed to remedy such breach; (c) that the lessee has failed to take reasonable care of the premises or of any goods leased therewith or has committed waste; (d) that the lessee or any person residing in or visiting the premises has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers; (e) that the lessee or any other person has been convicted during the currency of the lease of any offence arising out of the use of the premises for any illegal purpose or that a court has found or declared that the premises have during the currency of the lease been used for some illegal purpose; (/) that the lessee has given notice of his intention to vacate the premises or has signified in writing his willingness to vacate the premises when required to do so and, in consequence of that notice or signification, the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he would be seriously prejudiced if he could not obtain possession;

38 1958. Landlord and Tenant. No (g) that the premises (i) being a dwelling-house are or within twelve months after service of the notice to quit will be reasonably required by the lessor for occupation by himself, or by his son, daughter, mother, father, brother or sister, or by some person who ordinarily resides with and is wholly or partly dependent upon him; or (ii) being business premises are or within twelve months after service of the notice to quit will be reasonably required for occupation by the lessor or by a person associated or connected with the lessor in his trade, profession, calling or occupation; (ft) that the premises are used as, or have been acquired for use as, a parsonage, vicarage, presbytery or other like premises and are reasonably required for the personal occupation of a minister of religion (including a person who, although not ordained, is performing all the duties of a minister of religion); (/) that the lessor is a trustee or personal representative and the premises are or within twelve months after service of the notice to quit will be reasonably required by a beneficiary under the trust or in the estate (as the case may be) for his personal occupation or the occupation of his son, daughter, mother, father, brother or sister, or for the occupation of some person who ordinarily resides with and is wholly or partly dependent upon him; (/) that the lessor is a personal representative or trustee of a deceased's estate, that the gross value of the premises constitutes not less than half the gross value of the estate of which it forms part and that vacant possession of the premises is required m order that a trust for sale may be properly carried out; (k) that the lessor is a person, body or authority carrying on (i) an institution, being a hospital, after-caie home, home for the aged or infirm, creche or kindergarten; or (ii) a school, college or other educational establishment or a trustee for such a person, body or authority, and the use of the premises is reasonably required

39 1958. Landlord and Tenant. No for the purposes of the institution or establishment (including the accommodation of the staff of the institution or establishment); (/) that the premises, being a dwelling-house, have been occupied, or are occupied, in consequence of his employment by some person in the employ of the lessor and are reasonably required for the personal occupation for residential purposes in consequence of his employment of some other person employed by, or about to become employed by, the lessor; (m) that the premises, being a dwelling-house situated on or in close proximity to any grazing area, farm, orchard, market garden, dairy farm, poultry farm, pig farm or bee farm belonging to or carried on by the lessor are reasonably required for the personal occupation for residential purposes of a person who is employed by, or about to be employed by, or who has entered into or is about to enter into a share-farming agreement with, the lessor in connexion with the carrying out of operations on the said area, farm, orchard or garden; (n) that the lessor has agreed to sell the premises by an agreement which requires the purchaser to pay not less than one-fourth of the whole purchase money within twelve months from the date thereof and by which the purchaser is entitled to vacant possession of the premises and the premises (i) being a dwelling-house are or within the said period of twelve months will be reasonably required by the purchaser for occupation by himself or by his son, daughter, father, mother, brother or sister, or by some person who ordinarily resides with and is wholly or partly dependent upon him; or (ii) being business premises are or within the said period of twelve months will be reasonably required for occupation by the purchaser or by a person associated or connected with the purchaser in his trade, profession, calling or occupation; (o) that the premises are reasonably required by the lessor for reconstruction, demolition or removal; (p) that the lessee has become the lessee of the premises by virtue of an assignment or transfer which has not either expressly or by implication been consented to or approved by the lessor;

40 1958. Landlord and Tenant. No (q) that the lessee has sub-let the premises or some part thereof by a sub-lease which has not either expressly or by implication been consented to or approved by the lessor; (r) that the premises, being shared accommodation, are required by the lessor and (i) at the time of giving the notice to quit and during the period of twelve months immediately prior thereto the lessor has resided in the dwelling-house of which the shared accommodation forms part; and (ii) at the time of giving such notice and during the said period of twelve months not more than one lease of shared accommodation in that dwelling-house has been in force at any one time; (s) where the premises are a dwelling-house, that the lessee without just cause or excuse and without the consent of the lessor (which consent has not been unreasonably withheld) at the date of the giving of notice to quit is not residing and during the period of three months or more immediately before that date has not resided in the premises or any part thereof; (0 where the premises are a dwelling-house (not including premises leased to the lessee as an apartment-house) that the lessee by the sub-letting of the premises or parts of the premises is receiving from the sub-lessee or sub-lessees a rent of or rents aggregating an amount which exceeds the rent paid by the lessee to the lessor by more than One hundred per centum; (M) that the premises are a garage (not ordinarily used for residence) within the curtilage of a dwelling-house not leased to the lessee, and that the lessor requires possession of the garage in order that the dwelling-house together with the garage may be occupied by him or leased to a lessee or sold with vacant possession; (v) that the premises being a dwelling-house, are owned by the lessor, being a man of or over the age of sixty-five years or a woman of or over the age of sixty years, that the lessor's income if he is living alone does not exceed a rate of Three hundred and ninety pounds per annum or if he is living with his spouse does not together with that of his spouse

41 1958. Landlord and Tenant. No exceed a rate of Seven hundred and eighty pounds per annum, that neither the lessor nor his spouse, if living with him, owns any other dwelling-house in Victoria (exclusive of the dwelling-house in which he resides), and that the premises are required for sale with vacant possession; (w) that the lessee of the premises (being premises which immediately before the commencement of the Landlord and Tenant (Control) Act 1957 were business premises) has since the said commencement without the express or implied consent of the lessor used the premises or some part thereof for the purpose of residence or caused permitted or suffered the premises or some part thereof to be used by any person for the purpose of residence; (x) where the premises are a dwelling-house, that the financial circumstances of the lessee are such that he could without undue financial hardship purchase or lease other adequate and suitable premises for the purpose of residence at a purchase price or rent based on current property values; or (y) where the premises are a dwelling-house, that the lessee has other adequate and suitable premises presently available for his occupation for residential purposes. (7) In the last preceding sub-section, unless the contrary intention appears, " lessor " includes, where there is more than one lessor, any one or more of the lessors, and " lessee " includes, where there is more than one lessee, any one or more of the lessees (8) Notice to quit on a ground specified in paragraph (p) As to notices or (g) of sub-section (6) of this section shall not be given c'lesof" (a) unless the assignment transfer or sub-lease was in sub-ieases &c. breach of a covenant or condition of the lease; 01 lessor's consent. (b) (where it was not in breach of such a covenant or condition) unless the assignment or transfer was made or the sub-lease granted on or after the fourteenth day of March One thousand nine hundred and forty-seven; and (i) (in the case of a lease for a fixed term) the term of the lease; or (ii) (in the case of a periodic lease) the period current at the date of the assignment transfer or sub-lease has expired.

42 Landlord and Tenant. No Period of notice to quit. No s. 43. Notice to quit not to be given on certain grounds within six months after determination. No s. 44. Notice to quit where dwellinghouse sold &c. No s (1) Except as is otherwise expressly provided, the period for which notice to quit shall be given shall be not less than seven days, together with an additional seven days for each completed period of six months of occupation. (2) Nothing in the last preceding sub-section shall (a) require the giving of notice to quit for (i) a period exceeding fourteen days if the notice is given on any ground specified in paragraphs (c), (d), (e) or (/) of sub-section (6) of the last preceding section and not on any other ground; (ii) a period exceeding thirty days if the notice is given on any other ground; or (iii) in the case of shared accommodation a period exceeding fourteen days; or (b) allow the giving of notice to quit for a period shorter than the period which, but for this section, would be required. (3) Notwithstanding anything in the foregoing provisions of this section the period for which notice to quit shall be given shall be two months where the notice is given on the ground specified in paragraph (r) of sub-section (6) of the last preceding section 84. A lessor shall not, after the lessee has made an application for a determination, or after he has received from a Board notice of its intention to determine the fair rent of its own motion, except with the consent of the Board, give a notice to quit on any ground specified in paragraph (g), (h), (i), (/'), (k), (I), (m), (n), (o), (r), or (x) of sub-section (6) of section eighty-two of this Act until after the expiration of six months after the making of a determination on the application or in pursuance of the notice, but if a determination has not been made within a period of six months after the date of the application, or (if no application has been made) within a period of six months after receipt of the notice of intention, as the case may be, such a notice to quit may be given after the expiration of that period. 85. (1) A person who becomes the lessor of prescribed premises, being a dwelling-house, by purchase transfer or assignment thereof or of a lease thereof or by the grant of a lease thereof concurrent with the existing lease or a person claiming or deriving title under or through a person who becomes the lessor in any such manner shall not, within a period of twelve months after the date of the agreement for the purchase transfer or assignment thereof or of the lease thereof or of the grant of the concurrent lease (as the case requires), give a notice to quit on

43 1958. Landlord and Tenant. No the ground specified in paragraph (g) of sub-section (6) of section eighty-two of this Act to any person who was a lessee of the prescribed premises at the date of the agreement for the purchase transfer or assignment thereof or the lease thereof or of the grant of the concurrent lease (as the case requires). (2) A lessor of prescribed premises, being a dwelling-house, shall not give a notice to quit on the ground specified in paragraph (n) of sub-section (6) of section eighty-two of this Act to any person who was a lessee of the prescribed premises at the date of the agreement referred to in that paragraph within a period of twelve months after the date of the agreement. 86. (1) A notice to quit shall specify the ground relied upon Notice to and shall give the particulars thereof and, except as is provided I^SSis. in sub-section (2) of this section, in the proceedings the lessor N s.46. shall not be entitled to rely upon any ground not so specified or of which particulars are not so given. (2) The court may, if it thinks it proper in the circumstances of any case, allow the lessor to rely on any prescribed ground which was not specified or particulars of which were not given in the notice to quit, and in any such case the court may order the lessor to pay any costs of the lessee which in the opinion of the court have been or may be occasioned to the lessee by the failure so to specify the ground or give particulars thereof in the notice to quit. 87. (1) A notice to quit given in accordance with the Notice to quit provisions of section eighty-two of this Act shall, if the tenancy lease """ 6 in respect of which the notice was given has not otherwise NO S.47. terminated, operate so as to terminate the tenancy of the premises at the expiration of the period specified in the notice, but nothing in the foregoing provisions of this section shall operate so as to determine any tenancy before the date on which it would have terminated if this section had not been enacted. (2) If in any proceedings the lessor is allowed to rely on any AS to ground which was not specified or particulars of which were not!l r ate w a he r" of given in the notice to quit and the court makes an order for re'ujnce'on" recovery of possession of the premises on that ground, the order fn n u 0 f c ot shall operate to terminate the tenancy of the lessee on that ground as from the date specified in that behalf in the order. 88. (1) Where a lessor has taken proceedings in any couit Notice to quit to recover possession of any prescribed premises from the lessee of eviction or for the ejectment of the lessee therefrom and the court has N C 6098 n8s 48 (whether before or after the commencement of this Act) refused to make an order in favour of the lessor, the lessor shall not give to the lessee any notice to quit (whether on the same ground as a previous notice to quit or on any other ground) within twelve months after the decision of the court unless he has first obtained the leave of a court of competent jurisdiction under this Division.

44 Landlord and Tenant. No (2) Where a court refuses to make an order in favour of a lessor it may, at the same time, grant leave for the purposes of this section. competent courts. cour,s ' No s. 49. Competent Courts. 89. For the purposes of section eighty-two of this Act only r courts of petty "sessions - consisting - - of. a " stipendiary >... magistrate sitting alone shall be courts of competent jurisdiction. Barring and Avoiding Notices to Quit. costoto ' * ^ court of petty sessions consisting of a stipendiary SoSces to quit magistrate sitting alone may, in respect of any prescribed premises consents to being business premises or being a dwelling-house used in whole Ic^umeaSon- or in part by the lessee with the express or implied consent of the NTSWS"* lessor for sub-letting for residential purposes, exercise all or any 'of the following powers, namely: (a) On application made by the lessee who has become the lessee of the premises by virtue of a transfer or assignment, the court may order that a notice to quit upon the ground specified in paragraph (p) of sub-section (6) of section eighty-two of this Act shall not be given in relation to that transfer or assignment; (b) On application made by the lessee of the premises who has sub-let the premises, the court may order that a notice to quit on the ground specified in paragraph (q) of sub-section (6) of section eighty-two of this Act shall not be given in relation to the sub-lease; (c) On application made by the lessee of the premises who proposes to sub-let the premises or to transfer or assign the lease of the premises, the court may order that a notice to quit on the ground specified in paragraph (p) or paragraph (q) of sub-section (6) of section eighty-two of this Act shall not, if the proposed sub-lease transfer or assignment is subsequently made or effected, be given in relation to the sub-lease transfer or assignment if the court is satisfied (i) that the lessor, having been requested to consent to or approve that transfer assignment or sub-lease or proposed transfer assignment or sub-lease, unreasonably refused or unreasonably withheld that consent or approval; and

45 1958. Landlord and Tenant. No (ii) that the lessor has not offered to pay to the lessee making the application a fair and reasonable price for the lease (including the goodwill of any business carried on by the lessee upon the premises) and any notice to quit given in contravention of an order made under this section shall be void and of no effect. 91. In any proceedings arising out of Power to (a) an application by a lessor, consequent upon a notice certain to quit served upon the lessee, for the ejectment ; «MSt0C ' uit of any person from or the recovery of possession N S. SI. of any prescribed premises being business premises or being a dwelling-house used in whole or in part by the lessee with the express or implied consent of the lessor for sub-letting for residential purposes; or (b) an application pursuant to this section by a lessee of any such premises on whom a notice to quit has been served a court of petty sessions consisting of a stipendiary magistrate sitting alone may, if satisfied (i) that the ground upon which the notice to quit purported to be served is not supported by the facts; or (ii) that the notice was served for the purpose of depriving the tenant of any rights of assignment transfer or sub-letting which he possessed before the service thereof and without any reasonable expectation of ejecting the lessee or recovering possession of the premises order that the notice to quit be void and of no effect, and upon the making of any such order the rights and obligations of the parties shall be as if the notice to quit had never been served. Proceedings for Recovery of Possession, &c. 92. (1) On the hearing of any proceedings by a lessor for court to an order for the recovery of possession of any prescribed premises Siwp and or for the ejectment of the lessee therefrom the court shall, subject SSraatiw of to the following provisions of this Division, take into consideration, JU } 2,' 0I1 in addition to all other relevant matters No.awss (a) any hardship which would be caused to the lessee or any other person by the making of the order; (b) any hardship which would be caused to the lessor or any other person by the refusal of the court to make the order; and VOL. rv. 35 '

46 Landlord and Tenant. No As to consideration of hardship and determination of suitability of alternative accommodation. (c) where the application is made on any one or more of the grounds specified in paragraphs (g), (/i), (/), (k), (/), (m), (n), (o) or (r) of sub-section (6) of section eighty-two of this Act whether reasonably suitable alternative accommodation in lieu of the prescribed premises is, or has been since the date upon which notice to quit was given, available for the occupation of the person occupying the prescribed premises or for the occupation of the lessor or other person by whom the prescribed premises would be occupied if the order were made and may, in its discretion, make the order or may, on such conditions (if any) as it thinks fit, refuse to make the order notwithstanding that one or more of the prescribed grounds has been established: Provided that, where the lessee is a person in receipt of a total permanent incapacity pension or a blinded person's pension under the Commonwealth Act known as the Repatriation Act , an order shall not be made unless the court is satisfied that reasonably suitable alternative accommodation in lieu of the prescribed premises is so available as aforesaid. (2) For the purposes of this section (a) in the consideration of the hardship which may be caused to a lessor or a lessee the court shall have special regard to any disabilities (whether physical, mental or financial) under which the lessor or lessee (as the case may be) suffers and which were caused by or as a result of or are consequent upon his war service; (b) " war service " in the last preceding paragraph means service as a member of the Naval Military or Air Forces of the Commonwealth of Australia during any war, hostilities or assignment in which the Commonwealth or any unit or detachment or member of the said Forces with the sanction of the Commonwealth was or is engaged; and (c) in determining whether alternative accommodation which is available to a lessee is reasonably suitable the court shall have regard to the nature of the tenure upon which the alternative accommodation is available, including the term of any proposed lease; and, without prejudice to the power of the court to regard a lease for a lesser term as reasonably suitable, in any case where a lease in writing for a term of not less than three years is available the alternative accommodation, so far as relates to tenure, shall be regarded as reasonably suitable:

47 1958. Landlord and Tenant. No Provided that, where the lessee is a person in receipt of a total permanent incapacity pension or a blinded person's pension under the Commonwealth Act known as the Repatriation Act , any alternative accommodation which is available for his occupation shall not, so far as relates to tenure, be regarded as reasonably suitable unless a lease in writing thereof for a term of not less than five years is available to the lessee. (3) Where the court has on any condition or conditions, Re-hearing of refused to make an order, and upon application by the lessor the on breach of court is satisfied that the lessee has in some material way failed i ^e! ionby to observe any such condition, the court may in its discretion re-hear the original application having regard to that failure and to any other changed circumstances and if it thinks fit may make an order and such order shall for all purposes be deemed to be made pursuant to the original application. (4) Where the application is made on either of the grounds specified in paragraphs (p) and (q) of sub-section (6) of section eighty-two of this Act, the court shall not refuse in the exercise of the discretion vested in it by sub-section (1) of this section, to make the order unless the court is satisfied (a) that special circumstances exist by reason of which the order should not be made; or (b) without limiting the generality of the last preceding paragraph, in a case where the ground specified in the said paragraph (q) applies, that the sub-letting was in the course of a business of sub-letting carried on by the lessee and that the business was commenced or is carried on with the express or implied consent of the lessor. (5) On the hearing of an application specified in the last preceding sub-section, any assignee, sub-lessee or person in occupation of the prescribed premises or any part thereof, shall be entitled to be heard. (6) Where the application is made on the ground specified in paragraph (o) of sub-section (6) of section eighty-two of this Act in respect of premises being a dwelling-house the court, whether the notice to quit was served before or after the commencement of this Act, shall inquire into the purposes for which the re-constructed or re-built premises are intended to be used and unless the court is satisfied (a) that the re-constructed or re-built premises are intended to be used for residential purposes to at least the same extent as the premises in respect of which the application is made; or

48 Landlord and Tenant. No Court to disregard relative hardship and alternative accommodation in certain cases. No s. 53. Illegally using premises; notice of intention to quit &c; trust for sale; poor lessor requiring house for sale; altering character of business premises. Premises essential for occupation by employ^ &c. in relation to employment. Lessor requiring shared accommodation created since 1st February, Certain lessors requiring house for i esidence. (b) that special circumstances exist by reason of which the order ought to be made the court shall refuse to make the order. (7) Where the application is made on the ground specified in paragraph (t) of sub-section (6) of section eighty-two of this Act the court in the consideration of any hardship that may be caused to the lessee by the making of an order shall disregard the loss to the lessee of such part of the rents received by him from sub-lessees as in the opinion of the court represents an inequitable profit. 93. (1) The court shall not refuse to make an order under sub-section (1) of the last preceding section by reason only of any of the matters referred to in paragraph (a) or paragraph (c) of or the proviso to that sub-section in any of the following cases: (a) Where the application is made on the ground specified in paragraph (e), (/), (/'), (v) or (w) of sub-section (6) of section eighty-two of this Act; (b) Where the application is made on the ground specified in paragraph (/) or (m) of sub-section (6) of section eighty-two of this Act and the court is satisfied that it is essential that the person for whose personal occupation the premises are sought should reside in those premises (being premises on or in close proximity to the premises where he is or will be employed or engaged) for the proper performance of the duties of his employment or the proper carrying out of the share-farming agreement; (c) Where the application is made on the ground specified in paragraph (r) of sub-section (6) of section eighty-two of this Act and the court is satisfied that the lease of the shared accommodation to which the application relates was made after the first day of February One thousand nine hundred and fifty-four; (d) Where the application is made on the ground that the premises, being a dwelling-house, are reasonably required for occupation by the lessor, and the court is satisfied (i) that the lessor is a person of one of the following classes: a married person who and whose spouse desire to live together in

49 1958^ Landlord and Tenant. No the dwelling-house in any case where either the lessor or his or her spouse is receiving or, if they were living in the dwelling-house, would be entitled to receive an age pension under the Commonwealth Act known as the Social Services Act or a service pension under section eighty-four of the Commonwealth Act known as the Repatriation Act ; a married person who and whose spouse desire to live together in the dwelling-house in any case where the joint income of the lessor and his or her spouse does not exceed a rate of Seven hundred and eighty pounds per annum; a widow or widower or a married person living apart from his or her spouse or a single person who is receiving or if he or she were living in the dwelling-house would be entitled to receive an age pension or a service pension as aforesaid; a widow or widower or a married person living apart from his or her spouse or a single person, whose age in the case of a man is not less than sixty-five years and in the case of a woman is not less than sixty years, and whose income does not exceed a rate of Three hundred and ninety pounds per annum; a person in receipt of an invalid pension under the Commonwealth Act known as the Social Services Act or a service pension under section eighty-five of the Commonwealth Act known as the Repatriation Act ; or a person in receipt of a total permanent incapacity pension under the Commonwealth Act

50 Landlord and Tenant. No otherlenon residence- known as the Repatriation Act whose income, together with the income (if any) of his or her spouse, if living with him or her, from sources other than pensions or allowances under the said Act, does not exceed a rate of Three hundred and ninety pounds per annum; and (ii) that neither the lessor nor his or her spouse, if living with him or her, owns any other dwelling-house in Victoria or has within the period of twelve months immediately prior to the giving of notice to quit owned any such dwelling-house; (e) Where the application is made on the ground that the premises, being a dwelling-house or shared accommodation in a dwelling-house, are reasonably required by the lessor for occupation by himself, notwithstanding that the premises or any part or parts of the premises have been sublet by the lessee, and the court is satisfied (i) that neither the lessor nor his or her spouse, if living with him or her owns any other dwelhng-nouse in Victoria which is presentlv available for his or her occupation; or has within the period of twelve months immediately prior to the date of giving notice to quit owned such a dwelling-house; (ii) that the lessor has been the owner of the dwelling-house for not less than five years immediately prior to the date of giving notice to quit; (iii) that the lessee is not a protected person as hereinafter defined; and (iv) that the lessor has given to the lessee notice to quit in accordance with the following scale, that is to say where the lessor has at the date of giving the said notice been the owner of the dwelling-house for more than five years but not more than ten years nine months' notice;

51 1958. Landlord and Tenant. No where the lessor has at the date of giving the said notice been the owner of the dwelling-house for more than ten years six months' notice; (/) Where the application is made on the ground that the Lessor premises, being business premises, are reasonably Sb5$!ior to required by the lessor for reconstruction bset" demolition or removal and the court is satisfied premises. (i) that the lessor bona fide intends to demolish or remove the existing premises and to build new premises on the site; or to reconstruct the premises by structural alterations involving the expenditure of a sum of not less than One hundred per centum of the capital value of the existing premises at the date of the application and has made or will be able to make suitable financial arrangements for that purpose; and (ii) that the lessor either has gjyen to the lessee not less than six months' notice to quit and has executed or will execute under seal an undertaking to lease to the lessee, in the premises when built or reconstructed as aforesaid, premises not less suitable, in nature and extent, for the lessee's purposes than those occupied by the lessee at the date of the notice to quit, and within such time and at such rent and on such terms as the court thinks reasonable; or has given to the lessee not less than two years' notice to quit and has paid or will pay to the lessee a sum, determined by the court, equalling the aggregate of the amounts of rent paid in respect

52 Landlord and Tenant. No of the premises during the period of two years immediately before the date of application and any order made in a case to which this paragraph applies may be conditioned upon execution of such an undertaking or payment of the sum so determined (as the case may be). interpretation (2) For the purposes of paragraph (e) of the last preceding v of "protected. '.. r. r, r r v r ' ' person. sub-section protected person means (a) a person (i) who is receiving from the Commonwealth of Australia a pension of an amount ofnot less than Three pounds a week under the Commonwealth Act known as the Repatriation Act ; or (ii) who is receiving from the Commonwealth of Australia under regulations made under the said Commonwealth Act medical attention or treatment of such a kind as wholly or to a major degree to prevent him from engaging in his occupation; (b) a woman who is wholly or mainly dependent upon a person referred to in paragraph (a); or (c) a woman who is wholly or mainly dependent for her support upon a pension payable to her under the said Commonwealth Act as the widow of a person who was a member of the Naval Military or Air Forces of the Commonwealth of Australia during any war, hostilities or assignment in which the Commonwealth or any unit or detachment or member of the said Forces with the sanction of the Commonwealth was or is engaged. Provision in (3) Any person who, having obtained an order for recovery Sreto pay of possession of or ejectment from any premises by virtue of the «?iy ost provisions of paragraph (/) of sub-section (1) of this section fails, undertaking, without just cause or excuse (the proof whereof shall lie on him), to pay any sum of money undertaken or directed to be paid by him pursuant to the said paragraph or to carry out any undertaking executed or directed to be executed by him pursuant to the said paragraph shall, without affecting or abating any civil liability ' which may arise from such failure, be guilty of an offence against this Part.

53 1958. Landlord and Tenant. No Where application is made for an order for recovery of Provision tor possession of or ejectment from any prescribed premises on any tration of of the grounds specified in paragraphs (p), (<?), (s), (t), (x) or IS'ceS 0 "" (y) of sub-section (6) of section eighty-two of this Act or where ^" 09Ss 54 application is so made on the ground specified in sub-paragraph (i) of paragraph (g) of the said sub-section (6) and the lessor intends to rely on the provisions of paragraph (e) of sub-section (1) of section ninety-three of this Act the lessor may, pursuant and subject to rules made under section four of the Justices Act 1958 for the purposes of this section, administer interrogatories to the lessee in relation to any matter which is directly relevant to the ground or matter in issue, and in any such case the said rules shall apply according to their tenor and a court of petty sessions consisting of a stipendiary magistrate sitting alone may make all necessary orders therein including, where the court is of opinion that a lessor or lessee has vexatiously or unnecessarily administered interrogatories, an order for costs against that lessor or lessee. 95. In respect of any proceedings referred to in section Power to stay, r.., J r proceedings ninety two of this Act, the court may or orders. (a) from time to time, subject to such conditions (if any) and for such period as it thinks fit (i) adjourn the proceedings; (ii) stay or suspend the execution of any judgment or order which has been made or given in the proceedings ; or (iii) postpone the date for recovery of possession or for ejectment specified in any such judgment or order ; or (b) subject to such conditions (if any) as it thinks tit vary discharge or rescind any such judgment or order ; or (c) where a warrant of execution has been issued, and whether the warrant has expired or not, from time to time extend the period stated in the warrant for the execution thereof (i) if the court is satisfied that, because of the illness of the lessee or for other sufficient cause, it is or has been impracticable for the officer to whom the warrant is directed to execute the warrant within the period stated therein for such period as it thinks fit; or (ii) if the court is not so satisfied for a period not exceeding seven days from the date on which the extension is granted.

54 Landlord and Tenant. No Certain applications to operate as stay of execution. No s. 56. Hearing in chambers. No s (1) An application to stay or suspend the execution of or to vary discharge or rescind any judgment or order referred to in the last preceding section, or to postpone the date for recovery of possession or for ejectment specified in any such judgment or order, shall, when filed with the proper officer of the court, stay the execution of any warrant and operate to postpone the date for recovery of possession of the prescribed premises or for the ejectment of the lessee until the court has heard the application. (2) Notwithstanding anything contained in paragraph (c) of the last preceding section, the court may, on the hearing of any such application, extend for such period as it thinks fit the period stated in any warrant for the execution thereof (whether the warrant has expired or not). (3) Where, in respect of any proceedings referred to in section ninety-two of this Act, the court has refused to grant an application of any of the kinds referred to in sub-section (1) of this section no further application of any of those kinds shall be made in respect of those proceedings except with the leave of the court. 97. Proceedings for the recovery of possession of prescribed premises or for the ejectment of a lessee therefrom may, with the consent of all parties, be disposed of in chambers ; but nothing in this section shall affect the power of any court to dispose of any such proceedings in chambers otherwise than under this section. Appeals. 98. (1) Except as provided in this section, there shall be no NO s. 58. appeal, in proceedings under this Division, from a judgment or order of a court of competent jurisdiction referred to in section eighty-nine of this Act. (2) There shall be an appeal, as to questions of law only, to the Supreme Court from any judgment or order of a court in proceedings under this Division. Ejectment orders not enforceable unless made under this Division, No s. 59. Court may order conipcr".atlon for misrepresentation. No s , Notwithstanding anything in any Act no order (other than an order made under this Division or the corresponding provisions of the Acts previously in force) made by any court for the recovery by the lessor of possession of any prescribed premises (or of any goods leased therewith) or for the ejectment of the lessee therefrom shall be enforceable Where a lessor has obtained an order for the recovery of possession of any prescribed premises or for the ejectment therefrom of a lessee and it is subsequently proved that the order was obtained by a fraudulent representation or the concealment of material facts, the court which made the order may order the lessor to pay to the former lessee such sum as appears to the comt