Version No. 083

Landlord and Tenant Act 1958

Act No. 6285/1958

Version incorporating amendments as at 24 April 2002

table of provisions

Section Page

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Section Page

1. Short title and commencement 1

2. Repeals 1

PART 1—LEASES 3

3. Form and effect of words in schedules 3

4. What deed shall include 3

5. Validity of ineffectual deed 3

6. Interpretation for purposes of preceding sections 4

7. Action for rent may be brought against tenant for life 4

8. Rents how to be recovered where the demise is not by deed 4

9. Penalty for persons holding over lands etc. after the expiration of leases 5

10. Tenants holding of the property after giving notice 5

11. Rents recoverable from tenants for life 6

12. Distress for rent abolished 6

PART 2—PROVISIONS AS TO EXECUTION AND SEIZURE BY THIRD PARTY 7

13. No goods to be removed unless there has been full payment of rent 7

14. Sheriff to levy the rent 7

15. No sheriff or other officer shall sell or carry off any produce from the land 7

16. Tenant to give notice of existing covenants 8

17. The sheriff to give notice to the owner or landlord 8

18. Sheriff may dispose of produce 9

19. Sheriff to assign agreement to owner or landlord 9

20. Sheriff to inquire as to name and residence of landlord 10

21. Sheriff not to sell any grasses growing with corn 10

22. Straw and other produce which tenant may remove 10

23. Sheriff not liable for unwilful damages 10

24. Indemnity to sheriff and others 10

25. Official assignee not to take any crop 11

PART 3—EMBLEMENTS: FIXTURES 12

26. Lease to be held to the end of the year 12

27. Growing crops liable to rent which may accrue 13

28. Tenant may remove buildings and fixtures 13

PART 4—SUMMARY PROCEEDINGS TO RECOVER POSSESSION 15

29. Definitions 15

30. Provision for landlords where tenants desert the premises 16

31. Tenants may appeal to judge on circuit or Supreme Court 16

32. Serving of notice to quit 17

32AA. Acceptance of rent not to waive notice to quit 20

32A. Landlord to serve sub-lessees of dwelling-houses in certain cases 20

32B. Failure to include statements in notice to quit 21

33. Mode of proceeding and proof before justices 21

34. Warrants not to be issued on certain days 23

35. Persons who have not a right to possession obtaining warrant not to be protected from actions 23

36. Wrongfully procuring a warrant 23

37. Execution of warrant stayed on bond given to bring action 24

38. The bond to whom made and actions thereon 24

39. Protection of justices 25

40. Effect of irregularity 25

41. Costs where damages do not exceed Fifty cents 25

42. Death of party not to terminate proceedings etc. 26

PART 4A—REMOVAL AND DISPOSAL OF GOODS LEFT ON VACATED PREMISES 27

42A. Definitions 27

42B. Landlord may remove and store goods 27

42C. Sale of goods by landlord 27

42D. Landlord may deduct certain costs from proceeds of sale 29

42E. Buyer of goods sold pursuant to this Part to acquire a good title 30

42F. Rights of actual owner of goods 30

PART 5—CONTROL OF RENTS AND RECOVERY OF POSSESSION 31

Division 1—Introductory 31

Interpretation 31

43. Definitions 31

43A–43F. Repealed 40

Application of Act 41

44. Declarations as to application of Act 41

45. Declaration of special premises 41

45A. Lessor to be given opportunity to be heard 43

46. Certain contracts deemed to be leases 44

47. New leases not to be subject to this Part 45

48. Leases in writing for three years or more not to be subject to this Part 46

48A. Decontrol of premises comprising of business and private dwelling 47

49. Application of Divisions 2, 3 and 4 to any premises 47

50. Crown not bound 48

Division 2—Rent Control 48

Subdivision 1—Administration 48

51. Constitution of Fair Rents Boards 48

51A. Victorian Civil and Administrative Tribunal 50

52. Delegation of powers and functions 50

53. Powers of Minister, authorized officers and Boards 50

54. Repealed 51

55. Indemnity 51

Subdivision 2—Fair Rents 51

Statement of Fair Rents 51

56. Fair rents of premises to continue 51

Determination of Fair Rents by Board 53

57. Applications for fixing of fair rents 53

58. Notice of application 53

59. Determination of application 54

60. Date of operation of determination 54

61. Board may determine fair rent 55

62. Inspection and valuation of prescribed premises 56

63. Costs not to be allowed 56

64. Matters to be considered in determining fair rent 56

65, 66. Repealed 59

Fixing Fair Rents by Notice 59

67. Power to lessor to require money for repairs 59

67A. Repealed 62

Fixing Fair Rents by Agreement 63

68. Fixing fair rent by agreement 63

69. Fixing fair rent of premises following alterations 64

Period for Payment of Rent 64

70. Period for which fair rent may be fixed 64

Effect of Fixing Fair Rent 65

71. Effect of fixing fair rent 65

72. Recovery of overpaid rent 65

73. Time for applications to fix rent after determinations 66

Extension of Application of Division 67

74. Lease of premises together with goods 67

Subdivision 3—General 67

75. Penalty for demanding excess rent 67

76. Record of rents 68

77. Certain payments prohibited 68

78. Supply of particulars as to rent of premises 69

79. Effect on guarantee of fixing rent 69

80. Certificate as to rent 69

81. Proof of rent paid 70

Division 3—Recovery of Possession 71

Notices to Quit 71

82. Restrictions on eviction 71

83. Period of notice to quit 80

84. Notice to quit not to be given on certain grounds 80

85. Notice to quit where dwelling-house sold 81

86. Notice to specify grounds 82

87. Notice to quit to terminate lease 82

88. Notice to quit after failure of eviction proceedings 83

89. Repealed 83

Barring and Avoiding Notice to Quit 84

90. Power to court to bar notices to quit 84

91. Power to court to declare certain notices void 85

Proceedings for Recovery of Possession, &c. 86

92. Tribunal to consider hardship and alternative accommodation 86

93. Tribunal to disregard hardship and alternative accommodation in some cases 90

94. Repealed 96

95. Power to stay proceedings or orders 97

96. Certain applications to operate as stay of execution 98

97, 98. Repealed 98

99. Ejectment orders not enforceable 98

100. Tribunal may order compensation for misrepresentation 99

101. Premises not to be sold or re-let etc. in certain cases 99

102. Repealed 100

103. Acceptance of rent not to waive notice to quit 101

104. Persons not to interfere with use or enjoyment of premises 102

105. Protection of certain sub-lessees 102

106. Protection of certain persons in possession of premises 104

107. Costs in ejectment proceedings 105

Division 3A—Premises Ceasing to be Prescribed Premises 105

107A. Premises ceasing to be prescribed premises 105

Division 4—Miscellaneous 107

108. Threats and boycotts prohibited 107

109. Contract to avoid Part 108

110. Powers of entry and inspection 108

111. Rights of lessor in respect of prescribed premises 110

112. Dwelling-house not to be sold unless tenant given opportunity to purchase 111

113. Service of notices 113

114. Notice to lessor or lessee 114

115. Continued operation of notice 115

116. As to onus of proof that premises are prescribed premises 115

117. Offences and penalties 115

118. Regulations 115

__________________

SCHEDULES 117

SCHEDULE 1—Repeals 117

SCHEDULE 2 118

SCHEDULE 3—Direction as to the forms in this schedule 119

SCHEDULE 4—Complaint and summons thereon 124

SCHEDULE 5—Warrant to member of the police force to take and give possession 125

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ENDnotes 126

1. General Information 126

2. Table of Amendments 127

3. Explanatory Details 131

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Version No. 083

Landlord and Tenant Act 1958

Act No. 6285/1958

Version incorporating amendments as at 24 April 2002

An Act to consolidate the Law relating to Landlord and Tenant.

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Part IVA—Removal and Disposal of Goods Left on Vacated Premises

Landlord and Tenant Act 1958

Act No. 6285/1958

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):

S. 1 amended by Nos 8208 ss 5(2), 15(1)(b), 9019 s. 2(1)(Sch. item 114), 57/1989 s. 3(Sch. item 112.1).

1. Short title and commencement

This Act may be cited as the Landlord and Tenant Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2. Repeals

(1) The Acts mentioned in the First Schedule to the 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.

s. 2

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Part I—Leases

No. 3710 s. 3.

3. Form and effect of words in schedules

s. 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 expressed 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 number 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 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.

No. 3710 s. 4.

S. 4 amended by No. 7332 s. 2(Sch. 1 item 51).

4. What deed shall include

Every such deed (unless any exception is specially made therein) shall be held and construed to include all outhouses buildings barns stables yards gardens cellars ancient and other lights paths passages ways waters water-courses liberties privileges easements profits commodities emoluments hereditaments and appurtenances whatsoever to the lands and tenements therein comprised belonging or in anywise appertaining.

No. 3710 s. 5.

5. Validity of ineffectual deed

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.

No. 3710 s. 6.

6. Interpretation for purposes of preceding sections

s. 6

In the construction and for the purpose of the last three preceding sections of this Act and the Second and Third Schedules hereto (unless there is something in the subject or context 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.

No. 3710 s. 7.

7. Action for rent may be brought against tenant for life

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.

No. 3710 s. 8.

S. 8 amended by No. 6505 s. 2.

8. Rents how to be recovered where the demise is not by deed

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 parole 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 as an evidence of the quantum of the damages to be recovered.

No. 3710 s. 9.

9. Penalty for persons holding over lands etc. after the expiration of leases

s. 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 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.

No. 3710 s. 10.

10. Tenants holding of the property after giving notice

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.

No. 3710 s. 11.

11. Rents recoverable from tenants for life

s. 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.