Part 3 Recovery of possession of prescribed premises

62   Restriction on eviction

(1)  Except as provided by this Part, 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.

(1A)  Where any premises consist partly of prescribed premises and partly of other premises, the provisions of this Part apply to such part of the premises as consists of prescribed premises.

(1B)  Subject to subsection (1C), where there are two or more lessees of any prescribed premises and they are not lessees under the same lease:

(a)  a notice, given before or after the date upon which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified, to terminate the tenancy of any one of the lessees shall not have any force or operation against the other lessee or any of the other lessees, whether or not the other lessee or any of the other lessees has attorned tenant to the lessee to whom the notice was given, and

(b)  an order, made under this Part after that day, for the recovery of possession of the premises shall not have any force or operation against any such lessee unless such a notice had been validly given to him or her, whether or not he or she has attorned tenant to another of the lessees against whom such an order has been made.

(1C)  Nothing in subsection (1B) prevents a notice to terminate the tenancy of, or an order for the recovery of possession of premises from, or for the ejectment from premises of, a sub-lessor having force or operation against a sub-lessee to whom that sub-lessor has sub-let the premises.

(1D)  Where before the date upon which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified an order for the recovery of possession of any prescribed premises had been made on the application of a person who became the lessor by virtue of a concurrent lease and the order had not, before that day, been executed, the order shall not be executed against any lessee of the premises other than that person.

(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 Part, a lessor may take proceedings in any court of competent jurisdiction for an order for the recovery by him or her of any prescribed premises (or of any goods leased therewith) 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 section 63, and that period of notice has expired.

(4)  Service of the notice to quit may, without prejudice to any other mode of service, be effected:

(i)  by delivering the notice to:

(a)  some person apparently over the age of sixteen years and apparently residing in or in occupation of the premises, or

(b)  the person by whom the rent of the premises is customarily paid,

(ii)  with the leave of the court, by affixing the same to the premises and by sending copies thereof by prepaid post addressed to the lessee at the premises and at his or her address last known to the lessor.

(4A) 

(a)  Where a lessee of prescribed premises has died and probate or letters of administration of his or her estate have not been granted, any notice to quit which might have been given to the legal personal representative of the deceased lessee had probate or letters of administration of his or her estate been granted may be given by affixing the same to the premises and:

(i)  where any person or persons are apparently residing in or in occupation of the premises—by delivering the notice to any of such persons apparently over the age of sixteen years,

(ii)  in any other case—by giving notice of the same twice in a daily newspaper circulating in the district in which the premises are situated.

(b)  Where any proceedings for an order for the recovery of possession of any prescribed premises are taken in reliance on any notice to quit given in the manner provided in paragraph (a), any occupant of the premises or other person claiming an interest therein shall be entitled to be heard in the proceedings. The contesting of any such proceedings shall not of itself be regarded as an act of administration or as intermeddling in the estate of the deceased lessee or as constituting the person so contesting any such proceedings executor de son tort of the deceased lessee.

(c)  Nothing in this subsection shall affect the right of a lessor to give notice to quit otherwise than as provided in this subsection.

(5)  The prescribed grounds shall be:

(a)  that the lessee has failed to pay the rent in respect of a period:

(i)  where the lessee’s period of occupation does not exceed twelve months—of not less than fourteen days, and

(ii)  in any other case—of not less than twenty-eight days,

(b)  

(i)  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,

(ii)  that the lessee has become the lessee by reason of an assignment or transfer made after the fourteenth day of March, one thousand nine hundred and forty-seven, in breach of a term or condition of the lease and the transfer or assignment has not been consented to or approved by the lessor,

(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 has been guilty of conduct which is a nuisance or annoyance to adjoining or neighbouring occupiers,

(d1)  that the premises are being used for the purpose of prostitution or of soliciting for prostitution,

(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,

(f)  that the lessee has given notice in writing of his or her intention to vacate the premises and, in consequence of that notice, the lessor has agreed to sell or let the premises or has taken any other steps as a result of which he or she would be seriously prejudiced if he or she could not obtain possession,

(g)  that the premises:

(i)  being a dwelling-house—are reasonably required by the lessor for personal occupation as a residence by himself or herself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him or her, or

(ii)  not being a dwelling-house—are reasonably required for occupation by the lessor or by a person associated or connected with the lessor in his or her trade, profession, calling or occupation,

(h)  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 as a residence of a minister of religion (including a person who, although not ordained, is performing all the duties of a minister of religion),

(i)  that the lessor is a trustee and the premises are reasonably required by a beneficiary under the trust for his or her personal occupation as a residence or for the occupation as a residence of some person who ordinarily resides with, and is wholly or partly dependent upon, him or her,

(j)  that the lessor is a person, body or authority carrying on a hospital or nursing service, or a trustee for such a person, body or authority, and the use of the premises is reasonably required for the purposes of the hospital or nursing service (including the accommodation of the staff of the hospital or nursing service),

(k)  that the premises have been occupied, or are occupied, in consequence of his or her employment by some person in the employ of the lessor and are reasonably required for the personal occupation as a residence in consequence of that employment of some other person employed by, or about to become employed by, the lessor,

(l)  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 reasonably required by the purchaser for personal occupation as a residence by himself or herself or by some person who ordinarily resides with, and is wholly or partly dependent upon, him or her, or

(ii)  not being a dwelling-house—are reasonably required for occupation by the purchaser or by a person associated or connected with the purchaser in his or her trade, profession, calling or occupation,

(m)  that the premises are reasonably required by the lessor for reconstruction or demolition,

(n)  that the lessee has become the lessee of the premises being a dwelling-house by virtue of an assignment or transfer which the lessor has not consented to or approved,

(o)  that the lessee has sub-let the premises being a dwelling-house or some part of the dwelling-house by a sub-lease which has not been consented to or approved by the lessor, or

(p)  

(i)  that the lessee has parted with the possession of premises being a dwelling-house without the consent or approval of the lessor, or

(ii)  that the lessee, not having parted with possession of the premises being a dwelling-house, has, without the consent or approval of the lessor, ceased for a period exceeding six months to be a bona fide occupant of the premises,

(q)  that the lessee by sub-letting or parting with possession of the premises or any part thereof or by permitting use of the premises or any part thereof by any other person for reward is receiving rents or profits equal to or in excess of an amount equivalent to one hundred and twenty per centum of the rent paid by him or her,

(r)  that the premises being a garage (not ordinarily used as a dwelling) situated within the curtilage of a dwelling-house are reasonably required for letting to a lessee of that dwelling-house or part thereof, and that the lessee of the garage is not a lessee of the dwelling-house or any part thereof (other than the garage),

(s)  that the lessor is a person, body or authority carrying on a school or educational establishment, or a trustee for such a person, body or authority, and the use of the premises is reasonably required for the purposes of the school or educational establishment (including the accommodation of the staff or students of the school or educational establishment),

(t)  that the premises, being a dwelling-house, are owned by the lessor who, being a male, is of or over the age of sixty-five years or, being a female, is of or over the age of sixty years, that not more than two other dwelling-houses (exclusive of the dwelling-house in which he or she resides) are owned by the lessor if he or she is living alone or, if the lessor is living with his or her spouse, not more than two other dwelling-houses (exclusive of the dwelling-house in which they reside) are owned by them, that the income of the lessor if he or she is living alone, or, if the lessor is living with his or her spouse, his or her income together with that of his or her spouse, does not exceed the Sydney basic wage, and that the premises are required for sale with vacant possession,

(u)  that, where the premises are a dwelling-house, the lessee has reasonably suitable alternative accommodation available for his or her occupation for residential purposes and has an estate in the land on which that accommodation is situated,

(v)  that the premises, being shared accommodation, are required by the lessor, being a person of or over the age of sixty-five years, and that at the date on which the notice to quit was given and during the three years immediately preceding that date only one lease of shared accommodation in the dwelling-house of which the shared accommodation forms part was in force at any one time,

(w)  that, where the premises are a dwelling-house, the means of the lessee (together with the means of any person ordinarily residing in the premises other than a child under the age of sixteen years, a sub-lessee or a boarder who is not a relative, as defined in subsection (1) of section 31MAA, of the lessee or a lodger who is not such a relative) are such that it is reasonable that the lessee or the lessee and any such person should acquire or lease other premises,

(x)  that the lessor is a personal representative or trustee of the estate of a deceased person, that the value of the premises determined for the purposes of the Stamp Duties Act 1920, as subsequently amended, constitutes not less than one-half the dutiable estate under that Act of which they form or formed part and that the lessor, as such personal representative or trustee, holds the premises subject to a trust for sale, or

(y)  that, where the premises are a dwelling-house, the lessor has available for the lessee’s occupation as a residence reasonably suitable alternative accommodation which has been erected with assistance provided under the Aged Persons Homes Act 1954 (as amended by subsequent Acts) of the Parliament of the Commonwealth at a rental which does not exceed the rental being paid by the lessee of the prescribed premises and which accommodation is available without payment of any premium or other money by the lessee.

(6) 

(a)  In subsection (5), 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.

(b)  In paragraphs (g) and (l) of subsection (5), dwelling-house does not include any premises referred to in subparagraph (i) or (ii) of paragraph (b) of subsection (1B) of section 8 that is a dwelling-house for the purposes of the definition of prescribed premises in subsection (1) of that section, by reason of paragraph (a) of the said subsection (1B).

(b1)  A notice to terminate the tenancy of a lessee of a lodging-house or boarding-house shall not be given on a ground specified in paragraph (n) or (o), or subparagraph (i) of paragraph (p), of subsection (5) where the assignment, transfer, sub-letting or parting with possession of the premises took place before the date on which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified, or on the ground specified in subparagraph (ii) of paragraph (p) of that subsection unless the lessee has, since that date, ceased for a period exceeding six months to be a bona fide occupant of the premises.

(c)  In paragraph (t) of subsection (5), Sydney basic wage means the basic wage for adult males in force within the meaning of Part 5 of the Industrial Arbitration Act 1940, as amended by subsequent Acts, immediately before the notice to quit concerned was given.

(d)  For the purposes of paragraph (t) of subsection (5) if the lessor resides with his or her spouse a dwelling-house owned by them jointly or by either of them severally shall be taken to be owned by them.

(7)  Notice to quit on a ground specified in paragraph (n) or paragraph (o) of subsection (5):

(a)  shall not be given:

(i)  where the lessee became the lessee by virtue of an assignment or transfer made before the fourteenth day of March, one thousand nine hundred and forty-seven, or the sub-lease was granted before that date,

(ii)  where the lease is for a fixed term—unless that term has expired, or

(iii)  in the case of a periodic lease—unless the period which was current at the date on which the assignment, transfer or sub-lease took effect has expired, and

(b)  may be given only where the lease contains no covenant, whether absolute or conditional, against assigning, transferring or sub-letting by the lessee.

(8)  Notice to quit on the ground specified in subparagraph (i) of paragraph (p) of subsection (5) shall not be given:

(a)  where the lessee parted with the possession of the premises before the twenty-first day of July, one thousand nine hundred and forty-eight,

(b)  where the lease is for a fixed term—unless that term has expired,

(c)  in the case of a periodic lease—unless the period which was current at the date on which the parting with possession took place has expired, or

(d)  (Repealed)

Any such notice may be given only where the lease contains no covenant, whether absolute or conditional, against parting with possession by the lessee.

(8A)  Notice to quit on the ground specified in subparagraph (ii) of paragraph (p) of subsection (5) shall not be given:

(a)  where the lessee ceased to be a bona fide occupant of the premises before the commencement of the Landlord and Tenant (Amendment) Act 1952,

(b)  where the lease is for a fixed term—unless that term has expired, or

(c)  in the case of a periodic lease—unless the period which was current at the date on which the lessee ceased to be a bona fide occupant of the premises has expired.

Any such notice may be given only where the lease contains no covenant, whether absolute or conditional, requiring the lessee to be a bona fide occupant of the premises.

(9)  Notice to quit on the ground specified in paragraph (q) of subsection (5):

(a)  may be given whether or not the sub-letting, parting with possession or permission to use was in breach of any covenant, and

(b)  shall not be given:

(i)  where the lease is for a fixed term—unless that term has expired,

(ii)  in the case of a periodic lease—unless the period which was current at the date on which the sub-letting took effect or the parting with possession took place or the permission to use was given has expired.

(iii)  (Repealed)

(9A)  (Repealed)

(10)  Nothing in subsection (7), (8) (8A) or (9) shall prejudice the right of a lessor to give notice to quit on the ground specified in paragraph (b) of subsection (5).

(11)  Where notice to quit is given on the ground specified in paragraph (m) of subsection (5), the court shall not be precluded from making an order on the ground that the lessor intends to occupy the whole or part of the premises as reconstructed or the whole or part of any premises proposed to be erected in the place of the premises after their demolition.

(12)  For the purposes of paragraph (u) of subsection (5) reasonably suitable alternative accommodation shall be deemed to be available for the lessee’s occupation for residential purposes where he or she is the lessor of reasonably suitable alternative accommodation that is not subject to Parts 2, 3, 4 and 5 and he or she could, within a reasonable time, obtain vacant possession thereof.

62A   Court may bar lessor’s right to take proceedings where refusal of consent to assignment etc unreasonable

(1)  The Local Court may, in relation to prescribed premises (not being premises used solely as a dwelling-house):

(a)  on application in that behalf made by the lessee who has become the lessee of the premises by virtue of a transfer or assignment, order that a notice to quit upon the ground specified in paragraph (b), or paragraph (n) of subsection (5) of section 62 shall not be given in relation to the transfer or assignment and also, if any such notice to quit has been given in relation to the transfer or assignment before the making of the order, that the notice to quit so given shall be void and of no effect,

(b)  on application in that behalf made by the lessee of the premises, who has sub-let the premises, order that a notice to quit on the ground specified in paragraph (b) or paragraph (o) of the said subsection shall not be given in relation to the sub-lease and also, if any such notice to quit has been given in relation to the sub-lease before the making of the order, that the notice to quit so given shall be void and of no effect,

(c)  on application in that behalf made by the lessee of the premises who proposes to sub-let the premises or to transfer or assign the lease of the premises, order that a notice to quit on the ground specified in paragraph (b), paragraph (n) or paragraph (o) of the said subsection 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 or assignment or sub-lease or proposed sub-lease or proposed transfer or assignment of the lease, unreasonably refused or unreasonably withheld that consent or approval, and

(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).

(1A)  In any proceedings by a lessee before the Local Court pursuant to paragraph (c) of subsection (1), the Court may, in addition to granting the order referred to in that paragraph, order that any notice to quit given before the making of the order to the lessee in relation to the premises concerned in the proceedings shall be void and of no effect, if the Court is not satisfied that the ground specified in the notice is true in fact.

(1B)  Where an order has been granted under paragraph (c) of subsection (1) the lessor of the premises the subject of the order shall not give to the lessee any notice to quit within one month after the making of the order.

Nothing in this subsection affects the operation of paragraph (a) of subsection (3).

(2) 

(a)  Any party to any proceedings in the Local Court under subsection (1) may appeal to the District Court against the decision of the Local Court given in those proceedings granting or refusing an order of the nature referred to in that subsection.

(b)  The appeal shall be by way of rehearing and shall be made in accordance with rules of court.

(3) 

(a)  A notice to quit given in contravention of an order made under this section and subsisting at the date upon which the notice to quit is given shall be void and of no effect.

(b)  An order under this section that any notice to quit shall be void and of no effect shall have effect according to its tenor.

(4)  In this section the expression “premises used solely as a dwelling-house” does not include premises which are sub-let in whole or in part by the lessee, with the express or implied consent of the lessor, in the course of the lessee’s business of sub-letting for residential purposes.

62B   Power to assign certain tenancies at will

(1) 

(a)  The Local Court may, in relation to prescribed premises (not being premises used solely as a dwelling-house), on application in that behalf made by a person who is, and has been since the commencement of the Landlord and Tenant (Amendment) Act 1952, a lessee at will of the premises, authorise the applicant to transfer his or her lease at will to a person named in the application, if the court is satisfied:

(i)  that the lessee has offered to surrender his or her lease at will on the condition that the lessor grant a lease of the premises on reasonable terms and conditions to the person named in the application and that the lessor has unreasonably refused to grant such a lease, and

(ii)  that the lessor has not offered to pay to the lessee a fair and reasonable price for his or her lease (including the goodwill of any business carried on by the lessee upon the premises).

(b)  The transferee under any transfer of a lease at will of prescribed premises made pursuant to an authority granted under paragraph (a) shall, as from the date upon which the transfer takes effect, be deemed to have become the lessee at will of the premises from the person who immediately before that date was the lessor under the lease at will so transferred upon the same terms and conditions as the terms and conditions (as in force immediately before the transfer took effect) of the lease at will so transferred.

(2) 

(a)  Any party to any proceedings in the Local Court under subsection (1) may appeal to the District Court against the decision of the Local Court given in those proceedings granting or refusing an authority of the nature referred to in that subsection.

(b)  The appeal shall be by way of rehearing and shall be made in accordance with rules of court.

(3)  In this section the expression “premises used solely as a dwelling-house” does not include premises which are sub-let in whole or in part by the lessee, with the express or implied consent of the lessor, in the course of the lessee’s business of sub-letting for residential purposes.

63   Period of notice to quit

(1)  The period for which notice to quit shall be given shall be not less than a period of seven days, together with an additional seven days for each completed period of six months of occupation.

(2)  Nothing in subsection (1) 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 paragraph (c), (d), (e) or (f) of subsection (5) of section 62 and not on any other ground,

(ii)  a period exceeding thirty days if the notice is given on any other ground,

(iii)  in the case of shared accommodation—a period exceeding fourteen days, or

(iv)  a period exceeding seven days if the notice is given on the ground specified in section 62 (5) (d1), or

(b)  allow the giving of notice to quit for a period shorter than the period which, but for this section, would be required.

64   Notice to quit not to be given within six months after determination

A lessor shall not, after the lessee has made an application to a Board or to the Director-General for a determination and notice of that application has been served on the lessor or the lessor has become aware that the application has been made, or after he or she has received notice of the intention of a Board or the Director-General to determine the fair rent of the premises of its or his or her own motion, except with the consent of the Board or the Director-General, as the case may be, give a notice to quit on any ground specified in paragraph (f), (g), (h), (i), (j), (k), (l), (s) or (w) of subsection (5) of section 62 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.

65   Notice to quit where dwelling-house sold

(1)  A person who has, either before or after the commencement of this Act, become the lessor of prescribed premises being a dwelling-house or part of a dwelling-house, by purchase thereof or any person claiming under or through such lessor otherwise than by virtue of a concurrent lease granted after the commencement of the Landlord and Tenant (Amendment) Act 1958 by such lessor to the person so claiming (whether such claim arises before or after the commencement of the Landlord and Tenant (Amendment) Act 1951), shall not, within a period of twelve months after the date of the agreement for the purchase, give a notice to quit on the ground specified in paragraph (g) or (m) of subsection (5) of section 62 to any person who was a lessee of the prescribed premises at the date of the agreement for the purchase unless in the case of a notice to quit given on the ground specified in the said paragraph (m) he or she has first obtained the leave of a court having jurisdiction under this Part so to do.

(1A)  A person who has become the lessor of prescribed premises, being a dwelling-house or part of a dwelling-house, by virtue of the assignment or transfer to him or her, after the commencement of the Landlord and Tenant (Amendment) Act 1958, of a lease of the prescribed premises or the granting to him or her, after that commencement, of a concurrent lease of the prescribed premises or any person claiming under or through such lessor shall not, within a period of twelve months after the date of the assignment or transfer of the lease or the grant of the concurrent lease, as the case may be, give a notice to quit on the ground specified in paragraph (g) or (m) of subsection (5) of section 62 to any person who was a lessee of the prescribed premises at the date of the assignment or transfer of the lease or the grant of the concurrent lease, as the case may be, unless in the case of a notice to quit given on the ground specified in the said paragraph (m) he or she has first obtained the leave of a court having jurisdiction under this Part so to do.

(2)  A lessor of prescribed premises, being a dwelling-house or part thereof, shall not give a notice to quit on the ground specified in paragraph (l) of subsection (5) of section 62 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 six months after the date of the agreement.

66   Notice to specify grounds

A notice to quit shall specify the ground relied upon and shall give the particulars thereof and, in the proceedings, the lessor shall not except by leave of court be entitled to rely upon any ground not so specified or upon any matter particulars of which have not been given.

67   Notice to quit to terminate lease

A notice to quit given in accordance with the provisions of section 62 shall, if the tenancy in respect of which the notice was given has not otherwise terminated, operate so as to terminate the tenancy of the premises at the expiration of the period specified in the notice, but nothing in 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.

68   Notice to quit after failure of eviction proceedings

(1)  Where a lessor has taken proceedings in any court to recover possession of any prescribed premises from the lessee and the court has (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 some other ground) within twelve months after the decision of the court unless he or she has first obtained the leave of a court having jurisdiction under this Part so to do.

(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.

69   Competent courts

(1)  For the purposes of section 62, only the Local Court is a court of competent jurisdiction.

(2)  (Repealed)

(3)  The provisions of sections 26 and 27 of the Landlord and Tenant Act of 1899 shall not apply in any case where an order for the recovery of possession of any prescribed premises has been made under this Part.

69A   (Repealed)

70   Court to consider hardship

(1)  On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises, the court shall take into consideration, in addition to all other relevant matters:

(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

(c)  where the application is made on any one or more of the grounds specified in paragraphs (g), (h), (i), (j), (l), (m), (s), (t) and (v) of subsection (5) of section 62—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.

(2)  (Repealed)

(2A)  Notwithstanding anything contained in this section, an order for the recovery of possession of any prescribed premises, being a dwelling-house, on the ground specified in paragraph (m) of subsection (5) of section 62 shall not be made unless the court is satisfied:

(a)  (Repealed)

(b)  that, where it is necessary to obtain the approval under any Act of any body to the carrying out of the work referred to in the notice to quit, that approval has been obtained, and

(c)  that the work referred to in the notice to quit cannot reasonably be carried out without unduly interfering with the lessee’s use and occupation of the premises:

Provided that this subsection shall not apply in any case where:

(d)  the court is satisfied that the lessor is required by law to reconstruct or demolish the dwelling-house and possession thereof is sought by him or her for that purpose, or

(e)  the court is satisfied that the lessee has sub-let or has parted with the possession of the dwelling-house and that he or she was not, at the date of the service of the notice to quit, a bona fide occupant of the dwelling-house or any part thereof.

(2B)–(3)  (Repealed)

(4)  On the hearing of an application made on a ground specified in subparagraph (ii) of paragraph (b), or paragraph (n), (o), (p) or (q), of subsection (5) of section 62 any assignee, sub-lessee or person in occupation of the prescribed premises or any part thereof shall be entitled to be heard.

(4A)  Notwithstanding anything contained in this section, an order for the recovery of possession of any prescribed premises from any person on the ground specified in paragraph (t) or (x) of subsection (5) of section 62 shall not be made unless the court is satisfied that the premises have been offered for sale to the tenant upon terms and conditions which, having regard to all relevant circumstances, are fair and reasonable.

(5)  (Repealed)

(6)  In determining for the purposes of this Act whether alternative accommodation which is available for the occupation of persons who are occupying the prescribed premises for the recovery of possession of which the proceedings have been taken is reasonably suitable, the court shall have regard to the terms and conditions of any proposed lease of the alternative accommodation and to the ability of the lessee of the prescribed premises to pay the rent reserved by that proposed lease.

70A   (Repealed)

71   Power to stay proceedings or orders

(1)  In respect of any proceedings referred to in section 70, the court may:

(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 order which has been made or given in the proceedings, or

(iii)  postpone the date for recovery of possession specified in any such order, or

(b)  subject to such conditions (if any) as it thinks fit, vary, discharge or rescind any such 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.

(2)  In this section:

(a)  a reference to an order shall include a reference to an order made or purporting to have been made before the commencement of this Act under Regulation sixty-three of the Commonwealth Regulations,

(b)  a reference to a warrant shall include a reference to a warrant issued or purporting to have been issued before the commencement of this Act under the Commonwealth Regulations for the execution of an order made or purporting to have been made under Regulation sixty-three of those Regulations.

72   Certain applications to operate as stay of execution

(1)  An application to stay or suspend the execution of, or to vary, discharge or rescind, any order referred to in section 71, or to postpone the date for recovery of possession specified in any such 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 until the court has heard the application.

(2)  Notwithstanding anything contained in paragraph (c) of section 71, 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 70, the court has refused to grant an application of any of the kinds referred to in subsection (1), no further application of any of those kinds shall be made in respect of those proceedings except with the leave of the court.

73   Hearing in chambers

Proceedings for the recovery of possession of prescribed premises 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.

74   Appeals

(1)  Except as provided in this section, there shall be no appeal in proceedings under this Part, from an order of a court of competent jurisdiction referred to in section 69.

(2)  There shall be an appeal, as to questions of law only, to the Supreme Court from any order of such a court in proceedings under this Part.

75   Ejectment orders not enforceable unless made under this Act

No order (other than an order made under this Part or made or purporting to be made under the Commonwealth Regulations) made or purporting to have been made by any court for the recovery by the lessor of possession of any prescribed premises (or of any prescribed premises together with goods leased therewith) or for the ejectment of the lessee shall be enforceable.

76   Court may order compensation for misrepresentation

(1)  Where a lessor has obtained an order for the recovery of possession of any prescribed premises 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 court to be sufficient as compensation for damage or loss sustained by the lessee as the result of the order, and the provisions of subsection (3) of section 61, shall apply, mutatis mutandis, to and in respect of any order for the payment of any sum under this section.

(2)  The costs of any proceedings under this section shall be in the discretion of the court.

(3)  The court, when allowing any costs to any party in proceedings under this section, may assess the amount thereof, and the provisions of subsection (3) of section 61 shall apply, mutatis mutandis, to and in respect of any order allowing costs under this section.

77   Premises not to be sold or re-let in certain cases

(1) 

(a)  If a notice to quit has been given on the ground specified in paragraph (h), (i), (j), (k) or (s) of subsection (5) of section 62 and the premises in respect of which the notice was given have been vacated in accordance with the notice or if an order for the recovery of possession of the premises has been made on any such ground, the premises shall not, without the consent of the court, be again leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy) or agreed to be leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy), until after the expiration of the period of twelve months immediately succeeding the date on which the premises were vacated or possession of the premises was recovered.

(a1)  If a notice to quit has been given on the ground specified in paragraph (t) or (x) of subsection (5) of section 62, and the premises in respect of which the notice to quit was given have been vacated in accordance with the notice, or if an order for the recovery of possession of the premises has been made on either such ground, the premises shall not without the consent of the court be again leased, or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof, or agreed to be leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof, by the lessor who obtained vacant possession in accordance with the notice or order for the recovery of possession of the premises.

(b)  If a notice to quit has been given on the ground specified in paragraph (g) of subsection (5) of section 62, and the premises in respect of which the notice was given have been vacated in accordance with the notice, or if an order for the recovery of possession of the premises has been made on such ground, the premises shall not, without the consent of the court, be again leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy) or agreed to be leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy), until after the expiration of the period of three years immediately succeeding the date on which the premises were vacated or possession of the premises was recovered.

(c)  If a notice to quit has been given on the ground specified in paragraph (m) of subsection (5) of section 62, and the premises in respect of which the notice was given have been vacated in accordance with the notice, or if an order for recovery of possession of the premises has been made on such ground, the premises shall not, without the consent of the court, be again leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy) or agreed to be leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of (except by will or on intestacy), until the reconstruction or demolition referred to in the said paragraph (m) has been carried out.

(c1)  Where a notice to quit has been given and the premises in respect of which the notice was given have been vacated within a period of six months after the giving of the notice, the premises shall, unless the contrary is proved or an order for the recovery of possession of the premises has been made within that period, be deemed for the purposes of this section to have been vacated in accordance with the notice.

(d)  In this subsection, except paragraph (a1):

(i)  a reference to a notice to quit shall include a reference to a notice to quit given before the commencement of this Act,

(ii)  a reference to a vacation of premises shall include a reference to a vacation of premises before the commencement of this Act, and

(iii)  a reference to an order for the recovery of possession of premises shall include a reference to any such order made under the Commonwealth Regulations before the commencement of this Act.

(e)  In paragraph (a1):

(i)  a reference to a notice to quit given on the ground specified in paragraph (t) of subsection (5) of section 62 shall include a reference to a notice to quit given on that ground before the date on which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified,

(ii)  a reference to a vacation of premises in accordance with such a notice shall include a reference to a vacation of premises in accordance with such a notice before that date, and

(iii)  a reference to an order for the recovery of possession of premises made on such a ground shall include a reference to any such order made before that date.

(2)  Nothing in subsection (1) shall prevent, where notice to quit has been given on the ground specified in paragraph (h), (i), (j), (k) or (s) of subsection (5) of section 62, the letting of the premises:

(a)  to a minister of religion,

(b)  to a beneficiary under the trust,

(c)  to a person for whom the use of the premises was reasonably required for the purposes of the hospital or nursing service (including the accommodation of the staff of the hospital or nursing service),

(d)  to some person in the employ of, or about to become an employee of, the lessor, in consequence of his or her employment by the lessor, or

(e)  to a person for whom the use of the premises was reasonably required for the purposes of the school or educational establishment (including the accommodation of the staff or students of the school or educational establishment),

      respectively.

(3)  A transaction entered into in contravention of subsection (1) shall not thereby be invalidated, but nothing in this subsection shall affect the liability of any person to any penalty in respect of any contravention of that subsection.

(4)  If subsection (1) is contravened the lessor, licensor or vendor or the person who, where the premises are agreed to be leased or made the subject of an agreement or arrangement whether oral or in writing of leave and licence for the use thereof or sold or otherwise disposed of, would if the agreement were carried into effect, be the lessor, licensor or vendor shall be guilty of an offence against this Act.

(5)  The fact that a person has been convicted of an offence against this Act arising under this section in respect of any premises does not prevent the Governor from exercising his or her powers under subsection (1) of section 6, or under section 6A, in respect of those premises or a class of premises that includes those premises.

(6)  The fact that the Governor has exercised his or her powers under subsection (1) of section 6, or under section 6A, in respect of any premises or a class of premises that includes those premises shall not be taken into account by any court in imposing a penalty on any person who has been convicted of an offence against this Act arising under this section in respect of those premises.

78   Application to limited class of premises

Where an order is in force declaring that it is desirable that the powers and functions of the Director-General and of Fair Rents Boards shall be exercisable with respect to certain prescribed premises only, or with respect to a limited class of prescribed premises only, the provisions of this Part shall apply only with respect to the prescribed premises, or limited class of prescribed premises, referred to in the order.

79   Enforcement of orders

An order for the recovery of possession of any prescribed premises (or of any prescribed premises together with goods leased therewith) made by a court under this Act may be enforced in the same manner as a like order if made by that court otherwise than under this Act, might be enforced.

80   Acceptance of rent not to waive notice to quit

Where notice to quit any prescribed premises has been given, whether before or after the commencement of this Act:

(a)  any demand by the lessor for payment of rent, or of any sum of money as rent, in respect of any period within six months after the giving of the notice,

(b)  the commencement of proceedings by the lessor to recover rent, or any sum of money as rent, in respect of any such period, or

(c)  the acceptance of rent, or of any sum of money as rent, by the lessor in respect of any such period,

shall not of itself constitute evidence of a new tenancy or operate as a waiver of the notice.

81   Persons not to interfere with use or enjoyment of premises

(1)  A person shall not, whether as principal or agent or in any other capacity, without the consent of the lessee of prescribed premises, or without reasonable cause (proof whereof shall lie upon the defendant), do, or cause to be done, any act, or omit, or cause to be omitted, any act whereby the ordinary use or enjoyment by the lessee of the premises or of any goods leased therewith, or of any conveniences usually available to the lessee, or of any service supplied to, or provided in connection with, the premises is interfered with or restricted.

(2)  Where the lessor, or any agent or servant of the lessor, has been convicted of an offence arising under subsection (1), the court may order the lessor to do such things as are necessary to enable the lessee to resume the ordinary use or enjoyment of the premises, goods, conveniences or service, and the lessor shall comply with the provisions of the order.

Where the lessor fails to comply with the provisions of the order he or she shall be guilty of an offence against this Act and in addition to any other penalty prescribed by this Act he or she shall be liable to a penalty not exceeding 0.1 penalty unit for each day during which such non-compliance continues.

(3)  For the purposes of this section, conveniences shall be deemed to be usually available to the lessee where prior to the use of the conveniences having been interfered with or restricted without his or her consent, he or she has been allowed, at all times during the tenancy to use those conveniences as he or she desired or he or she has been allowed to use those conveniences at times agreed to by the lessor and lessee or at times equivalent to those times.

(3A)  Where the lessor of any prescribed premises, being a dwelling-house, or any agent or servant of the lessor, has been convicted of an offence arising under subsection (1), the court before which the lessor, agent or servant, as the case may be, was convicted, if it is of opinion that the acts or omissions constituting the offence were done or omitted with intent that the person who was lessee at the time when those acts or omissions were done or omitted to be done vacate the premises and that person has vacated the premises, may, in addition to the penalty prescribed by this Act for the offence, order the lessor to pay to that person such sum as appears to the court to be sufficient as compensation for damage or loss sustained by that person as the result of his or her vacating the premises, and the provisions of subsection (3) of section 61 shall apply, mutatis mutandis, to and in respect of any order for the payment of any sum under this subsection.

(4) 

(a)  Where any service in connection with prescribed premises charged for and supplied or provided by some person other than the lessor of such premises has before the commencement of the Landlord and Tenant (Amendment) Act 1949 ceased to be supplied or provided or after such commencement ceases to be supplied or provided, then unless that service or a service corresponding thereto and no less beneficial to the lessee is supplied or provided within fourteen days after the lessee has served upon the lessor a written requisition therefor, the fair rent of the premises or of the premises together with goods leased therewith may be reduced on the lessee’s application made in accordance with the provisions of Part 2, notwithstanding the provisions of sections 20, 21 and 32, by such amount not exceeding one-half thereof as a Fair Rents Board or the Director-General in its or his or her discretion, as the case may be, thinks fit.

(b)  A reduction of the fair rent of prescribed premises, or of prescribed premises together with goods leased therewith, shall not be made pursuant to the provisions of paragraph (a) in any case where the Fair Rents Board or the Director-General, as the case may be, is satisfied that the lessor or any person or body of persons corporate or unincorporate under the control or influence of the lessor is not in any way responsible for the cessation of the service and that it is not within the power of the lessor to restore the service or to have the service restored or to supply or provide, or to have supplied or provided, a corresponding and no less beneficial service.

81A   Court may order that certain dwelling-houses remain subject to this Act

(1)  A court for the district in which prescribed premises, being a dwelling-house that is not exempt by section 5AA or 5A from the provisions of Parts 2, 3, 4 and 5 to the extent provided by that section, are situated, shall, on application in that behalf made by the lessee of the premises, order that the premises, if vacated by the lessee, shall remain subject to the provisions of this Act in all respects as though section 5AA or 5A, as the case may be, had not been enacted, if the court is satisfied that:

(a)  the lessor has done, or caused to be done, any act, or omitted, or caused to be omitted, any act whereby the ordinary use or enjoyment by the lessee of the premises or of any goods leased therewith, or of any conveniences usually available to the lessee, or of any service supplied to, or provided in connection with, the premises is interfered with or restricted,

(b)  that the lessor has by his or her conduct endeavoured to improperly induce the lessee to vacate the premises,

(c)  that the lessor has unreasonably caused expense and inconvenience to the lessee by requiring him or her to defend proceedings under this Act for the recovery of the premises from the lessee and that those proceedings were vexatious,

(d)  the lessor has allowed the premises to fall into a dilapidated or dangerous condition.

(2)  Notwithstanding anything contained in subsection (1), the court, although satisfied of any one or more of the matters specified in paragraphs (a), (c) and (d) of subsection (1), may refuse to make the order if the lessor satisfies the court that his or her conduct in relation to that matter or those matters was not intended to induce the lessee to vacate the premises.

(3)  An order under this section:

(a)  shall remain in force for such period as is specified in the order or until the court otherwise orders, and

(b)  shall have effect according to its tenor.

(4)  Where an order is made under this section, the registrar of the court shall forthwith forward a copy of the order to the Director-General who shall enter particulars of the order in a register kept for the purpose.

(5)  For the purposes of this section, conveniences shall be deemed to be usually available to the lessee where prior to the use of the conveniences having been interfered with or restricted without his or her consent, he or she has been allowed, at all times during the tenancy, to use those conveniences as he or she desired or he or she has been allowed to use those conveniences at times agreed to by the lessor and lessee or at times equivalent to those times.

(6)  In this section court means the Local Court.

82   Protection of sub-lessees

(1)  Where:

(a)  a lessor has either before or after the commencement of this Act consented to or approved a sub-lease of any prescribed premises or any part thereof by the lessee, or a lessee has either before or after such commencement sub-let any prescribed premises or any part thereof in the course of a business of sub-letting carried on by the lessee, and

(b)  the lessee has ceased, either before or after such commencement, to be in possession of the premises, following upon:

(i)  the obtaining of an order by the lessor for the recovery of possession of the premises from the lessee on any of the grounds specified in paragraphs (a) to (f) of subsection (5) of section 62, or

(ii)  the surrender of his or her lease by the lessee,

      the sub-lessee shall (if he or she is in possession of the whole or portion of the prescribed premises sub-let to him or her) be deemed to have become the lessee thereof from the lessor upon the same terms and conditions as the terms and conditions of the sub-lease, as in force immediately prior to:

(c)  the date on which the lessor gave notice to quit to the lessee, or

(d)  the date on which the lessee notified the lessor of his or her intention to surrender the lease (or, if he or she did not so notify the lessor, the date on which the lessee surrendered the lease),

      as the case may be.

(2)  In a case to which subparagraph (i) of paragraph (b) of subsection (1) applies, the order shall not be enforced against the sub-lessee.

(3)  Where, prior to the lessor of any prescribed premises giving notice to quit to the lessee upon any of the grounds specified in subsection (5) of section 62, the lessee of the prescribed premises has sub-let the whole or any part thereof:

(a)  the lessee shall, upon service of the notice to quit, forthwith notify the lessor in writing of the name and address of each person to whom he or she has so sub-let and who is a sub-lessee of the prescribed premises or any part thereof at the date of service of the notice to quit,

(b)  the lessor shall, upon taking proceedings for the recovery of possession of the prescribed premises, file the notice given to him or her under this section with the Local Court, and

(c)  the relevant registrar of the Local Court is to give notice by registered post to each person specified in the notice, at the address so specified, of the date of hearing of the proceedings by the Court.

(4)  On the hearing of any proceedings by a lessor for an order for the recovery of possession of any prescribed premises, every person who is a sub-lessee of such premises or any part thereof shall be entitled to be heard.

(5)  Where a lessor obtains an order for the recovery of possession of any prescribed premises from a lessee on the ground specified in paragraph (n), (o), (p) or (q) of subsection (5) of section 62:

(a)  the order shall not be enforced against

(i)  any sub-lessee, or

(ii)  (Repealed)

(b)  any sub-lessee actually in possession and occupation of the whole or portion of the premises shall, as from the date of the order, be deemed to have become the lessee thereof from the lessor upon the same terms and conditions as the terms and conditions of the sub-lease as in force immediately prior to the date on which the lessor gave notice to quit to the lessee,

(c)  (Repealed)

83   Protection of certain persons in possession of premises

(1)  Where:

(a)  the tenancy of any prescribed premises is terminated by virtue of the provisions of this Act or of the Commonwealth Regulations,

(b)  the person who was the lessee immediately prior to the termination of the tenancy (in this section referred to as the former lessee) dies after the termination of the tenancy, and

(c)  immediately before the death of the lessee:

(i)  the spouse of the lessee resided with the lessee and is actually in possession of the premises immediately after the death of the lessee,

(ii)  where the spouse of the lessee was not so residing or is not so in possession or the lessee did not have a spouse at the date of his or her death, a child of the lessee (being a child of or over the age of twenty-one years who, at the date of the lessee’s death, was a protected person or was in receipt of a pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth) so resided and is so in possession, or

(iii)  where no person referred to in subparagraph (i) or (ii) was so residing or is so in possession, the father or mother of the lessee so resided and is so in possession,

(iv)  (Repealed)

      the spouse, or such child, or the father or mother, as the case may be, shall have the like right to continue in possession of the premises as the former lessee would have if he or she had not died, but proceedings may be taken against the person having the right under this subsection to continue in possession of the premises for the recovery of possession of the premises from that person in accordance with the provisions of this Act as if he or she were a lessee of the premises.

(2)  Where but for this subsection more than one person would, under subparagraph (ii) or (iii) of paragraph (c) of subsection (1), have had a right to continue in possession of any premises, the elder or eldest of the persons so entitled under such subparagraph shall have that right to the exclusion of any other of those persons.

83A   Protection of member of the family of deceased lessee

(1)  Where a lessee of prescribed premises dies, and:

(a)  the spouse of the lessee resided with the lessee immediately before the death of the lessee and is actually in possession of the premises immediately after the death of the lessee,

(b)  where the spouse of the lessee was not so residing or is not so in possession or the lessee did not have a spouse at the date of his or her death, a child of the lessee (being a child of or over the age of twenty-one years who, at the date of the lessee’s death, was a protected person or was in receipt of a pension under the Social Services Consolidation Act 1947 (as amended by subsequent Acts) of the Parliament of the Commonwealth) so resided and is so in possession, or

(c)  where no person referred to in paragraph (a) or (b) was so residing or is so in possession, the father or mother of the lessee so resided and is so in possession,

(d)  (Repealed)

      the spouse, or such child, or the father or mother as the case may be, shall, subject to subsection (2) and until probate or letters of administration of the estate of the deceased lessee are granted, have the like right to continue in possession of the premises as the deceased lessee would have had if he or she had not died.

(1A)  Where but for this subsection more than one person would, under paragraph (b) or (c), of subsection (1), have had a right to continue in possession of any premises, the elder or eldest of the persons so entitled under such paragraph shall have that right to the exclusion of any other of those persons.

(2)  Proceedings may be taken against the person having the right under subsection (1) to continue in possession of the premises for the recovery of possession of the premises from him or her in accordance with the provisions of this Act as if he or she were a lessee of the premises.

(3)  Nothing in this section affects any right which the person having the right under subsection (1) to continue in possession of the premises may have upon the grant of probate or letters of administration to continue in possession of the premises.

83B   NSW Trustee and Guardian’s title not a defence to recovery of possession of prescribed premises after death of lessee in certain cases

Where a lessee of prescribed premises dies and during the period after his or her death and before probate or letters of administration of the estate of the deceased lessee are granted, a person is actually in possession of the premises, and an action of ejectment is during that period brought against such person in the Supreme Court or a District Court, or proceedings are during that period commenced under section 17 or 23 of the Landlord and Tenant Act of 1899, as amended by subsequent Acts, for the recovery of the premises, such person shall not be entitled to raise as a defence to that action or those proceedings the fact that the deceased lessee’s interest in the premises is deemed by section 61 of the Probate and Administration Act 1898, as amended by subsequent Acts, to be vested in the NSW Trustee and Guardian.

83C   Periodic leases may not be disposed of by will or pass on intestacy

Where a lessee under a periodic lease of prescribed premises dies on or after the date on which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified, the lease shall not be capable of being disposed of by the will, or of passing on the intestacy, of the lessee, except as to the balance of the periodic term current at the date of death, but nothing in this section affects the operation of section 83A of this Act or of section 61 of the Probate and Administration Act 1898, as subsequently amended.

84   Costs to be allowed

In any proceedings in relation to which this Part applies, not being proceedings in respect of an offence arising under this Part, the court may in its discretion order payment by the lessor to the lessee of such sum as it deems proper to meet his or her reasonable costs and the provisions of subsection (3) of section 61 shall apply mutatis mutandis to and in respect of any order allowing costs under this section.

85   Intervention of Minister

The Minister may, at any stage of any proceedings in relation to which this Part applies, intervene by counsel, solicitor or agent and may examine witnesses and address the court.

85A   Application of certain sections in Part 2

The provisions of sections 44 to 49, both inclusive, and section 51 shall apply to and in respect of any matter coming before a Fair Rents Board or the Director-General under this Part.

85B   Application by solicitor or agent

Any application to the Director-General under section 86, 86A, 87 or 87B may be made by the lessor, proposed lessor, owner or lessee, as the case may be, or by his or her solicitor, or by his or her agent thereunto authorised in writing.

86   Exclusion of premises from operation of Part 3 and Part 5

(1)  The lessor under a lease, or the proposed lessor under a proposed lease, of any prescribed premises for a fixed term may, at any time during the currency of the lease while the lessee is in occupation of the premises, or prior to the commencement of the term of the proposed lease, make application in writing to the Director-General to exclude the premises from the operation of this Part and Part 5.

(2)  The applicant shall furnish such information in relation to the application as the Director-General requires.

(3)  The Director-General may, in his or her discretion, issue a certificate excluding the premises, for such period as is specified in the certificate, from the operation of the provisions of this Part and Part 5 and the premises shall be excluded accordingly.

The period specified in the certificate shall not exceed seven years unless the lessor and lessee or proposed lessor and proposed lessee under the lease or proposed lease are employer and employee.

(4) 

(a)  The Director-General may at any time revoke or vary any certificate issued under subsection (3).

(b)  The Director-General may grant one or more extensions of any certificate issued under subsection (3) excluding the premises from the operation of the provisions of this Part and Part 5 for a further period or periods but the aggregate of:

(a)  the period of the original exemption, and

(b)  the period of any extension so granted or, where more than one extension is granted, the total of the periods of extension so granted

      shall not exceed seven years, unless the lessor and lessee are employer and employee.

(5)  Where any certificate:

(a)  is issued under this section for a period in excess of seven years, or

(b)  is extended so that the aggregate of:

(i)  the period of the original exemption, and

(ii)  the period of any extension granted or, where more than one extension is granted, the total of the periods of extension so granted,

      is in excess of seven years,

      the certificate shall become void and of no effect if the premises the subject thereof are leased to any person other than an employee of the lessor.

(6)  Where the fair rent of any prescribed premises is fixed or determined by or under Part 2 in respect of those premises without goods and no determination has been made either before or after the commencement of the Landlord and Tenant (Amendment) Act 1954 in respect of those premises together with goods, the Director-General may in any certificate issued under this section excluding those premises from the operation of this Part and Part 5 specify the rent to be paid for those premises together with goods.

The rent so specified shall:

(a)  be deemed to have been determined by a determination made under and in accordance with Part 2, and

(b)  as on and from a date to be specified in the certificate (which date shall be not earlier than the date upon which the application for the exclusion of the premises from this Part and Part 5 was received in the office of the Director-General) and notwithstanding anything contained in Part 2, be the fair rent of those premises together with goods until it is varied under and in accordance with that Part.

Application to vary the rent so specified may,
notwithstanding the provisions of subsection (2) of section 32, be made at any time after the issue of the certificate:

Provided that where no determination of the fair rent of those premises is made during the currency of the certificate either increasing, decreasing or confirming the rent so specified, the fair rent of those premises shall, after the certificate ceases to have force or effect, be the same as if this subsection had not been enacted.

86A   Exclusion of premises from operation of Part 3 and Part 5 where lessor and lessee are employer and employee

(1)  The owner of any prescribed premises who wishes to make the premises available for leasing to his or her employees (whether or not the premises are then let to one of his or her employees) may make application in writing to the Director-General to exclude the premises from the operation of this Part and Part 5.

(2)  The applicant shall furnish such information in relation to the application as the Director-General requires.

(3) 

(a)  The Director-General may, in his or her discretion, issue a certificate under this section excluding the premises from the operation of this Part and Part 5 during:

(i)  any period during which the premises are let to any person who is an employee of the applicant, and

(ii)  where any such person ceases to be an employee of the applicant while the premises are let to that person, the period of two months immediately succeeding the date on which that person so ceases to be an employee,

      and the premises shall be excluded accordingly.

(b)  Nothing in subparagraph (ii) of paragraph (a) shall be construed as affecting or limiting the operation of subparagraph (i) of that paragraph.

(4)  The Director-General may at any time revoke or vary any certificate issued under subsection (3).

87   Exclusion of certain subdivided premises etc from operation of Part 3 and Part 5

(1) 

(a)  The provisions of this Part and Part 5 shall not apply to or in relation to any prescribed premises in respect of which a certificate under this section is in force.

(b)  (Repealed)

(2)  Where the owner of any prescribed premises is desirous of making the whole or any part of those premises available for accommodation, he or she may apply to the Director-General for a certificate that the premises are premises to which this Part and Part 5 do not apply.

(3)  The Director-General may:

(a)  grant the application and issue the certificate, either unconditionally or subject to such conditions as he or she thinks fit and for such period as he or she thinks fit, or

(b)  refuse the application.

(3A)  (Repealed)

(4)  A certificate issued under this section in respect of prescribed premises being any part of a dwelling-house or of a residential unit in any building shall not have any force or effect in respect of any person who immediately prior to the date of receipt in the office of the Director-General of the application for the certificate was the lessee of the dwelling-house or of any part of the dwelling-house or of the residential unit or of any other residential unit in the building unless immediately prior to that date a prior certificate issued under this section had force or effect in respect of that person as such lessee.

(5)  A certificate shall not issue under this section in respect of any prescribed premises comprising the whole of any building.

(6)  This section shall apply only in relation to prescribed premises being:

(a)  a dwelling-house which is not in whole or in part leased to any person,

(b)  a dwelling-house which the owner or lessee has converted, or intends to convert, into two or three, but not more, residential units,

(c)  a dwelling-house or part of a dwelling-house which is leased to any person and which is about to become vacant,

(d)  a part of a dwelling-house which has been leased by the owner but is not for the time being leased to any person, or

(e)  a residential unit in a building which the owner of the building proposes to lease or to permit to be leased for residential purposes separately from the remainder of the building and which has not previously been so separately leased,

      but shall not apply in relation to any building containing more than three residential units or in relation to any residential unit in any such building.

(7)  In this section, residential unit means any part of a building which is or has been designed, whether originally or otherwise, for occupation as a residence independently of any other part of the building.

87A   Part 3 not to apply to a dwelling-house let on behalf of an insane patient

Where the Master in Lunacy has, before or after the commencement of the Landlord and Tenant (Amendment) Act 1952, leased a dwelling-house:

(a)  forming part of the estate of a person who at the time when the lease was granted was an insane patient within the meaning of the Lunacy Act 1898–1949, and

(b)  which was the residence of such person before he or she became an insane patient within the meaning of that Act,

the provisions of this Part and Part 5 shall not, in respect of that lease, apply to the dwelling-house.

87B   Exclusion of certain premises from operation of Part 3 and Part 5

(1)  While a certificate under this section is in force in relation to part of any prescribed premises, the provisions of this Part and Part 5 shall not, as between the person upon whose application the certificate was granted and any sub-lessee of that part under a sub-lease granted by that person after the date of receipt in the office of the Director-General of the application for the certificate, apply to or in relation to that part.

(2)  Where the lessee of any prescribed premises being a dwelling-house is desirous of sub-letting part of those premises to one sub-lessee only and he or she has not sub-let any other part of those premises he or she may, with the consent in writing of the lessor of those premises, apply to the Director-General for a certificate that the part of the premises to be so sub-let is premises to which this Part and Part 5 do not apply.

(3)  The Director-General may:

(a)  grant the application and issue the certificate, either unconditionally or subject to such conditions as he or she thinks fit and for such period not exceeding seven years as he or she thinks fit, or

(b)  refuse the application.

(4)  The Director-General may grant one or more extensions of any certificate issued under subsection (3) excluding the premises so sub-let or to be so sub-let from the operation of the provisions of this Part and Part 5 for a further period or periods but the aggregate of:

(a)  the period of the original exemption, and

(b)  the period of any extension so granted or, where more than one extension is granted, the total of the periods of extension so granted,

      shall not exceed seven years.

(5)  A certificate issued under this section in respect of part of any prescribed premises shall become void and of no effect if more than one sub-lease granted by the person to whom the certificate was issued is in force in respect of those premises at any one time.

(6)  Notice to quit on the ground specified in paragraph (q) of subsection (5) of section 62 shall not be given to the person to whom a certificate is issued under this section in respect of rents received by him or her from the sub-lessee of that part of any prescribed premises which is the subject of that certificate.

(7)  Where a certificate has been issued under this section excluding part of prescribed premises from the operation of this Part and Part 5, any person who after the date of receipt in the office of the Director-General of the application for the certificate became a sub-lessee of that part from the person (hereinafter in this sub-section referred to as the lessee) upon whose application the certificate was issued shall not have, as against the lessor of the lessee, any right under this Act or otherwise to possession or to remain in possession of that part after the lease of the prescribed premises to the lessee has been terminated whether by surrender or otherwise and, in such circumstances, proceedings to recover possession of that part from the sub-lessee or for the ejectment of the sub-lessee therefrom may be taken by the lessor as if this Part and Part 5 had not been enacted.