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
v
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
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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
v
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.
28
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
_______________
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.