1 Name of Act and commencement
2 Repeal of Act No 37, 1939
3 (Repealed)
4 Savings
5 Crown not bound
5AA No new protected tenancies to be created from 1 January 1986
5AB Evidence of vacant possession
5A Parts 2, 3, 4 and 5 not to apply to certain premises
6 Declarations as to application of Act
6A Special premises
7 Holiday premises
8 Definitions
9 Constitution and abolition of Fair Rents Board
10 Procedure of Fair Rents Boards
11 (Repealed)
12 Powers of Director-General and Fair Rents Boards
13 Clerk of Fair Rents Board
14 Officers and employees
15–17 (Repealed)
Division 2A Rent of prescribed premises by agreement
17A Fixing of rent of prescribed premises by agreement
Division 2B Rent of certain prescribed premises subject to fixed term leases
17B Rent under certain fixed term leases
Division 3 Rent of prescribed premises other than shared accommodation
18 Application to have fair rent fixed
19 Notice of application
20 Determination of application
21 Matters to be considered
22 Date of operation of determination
23 Effect of determination
23A Premises not leased
24 Fair Rents Board may determine fair rent of its own motion
24A Determination based on increased out-goings
25 Lease of prescribed premises together with goods
25A Reference of application to Director-General
25B Certain decisions final
26 Inspection of prescribed premises
Division 3A Rent of shared accommodation outside the Metropolitan Area
26A Application of Division
26B Determination of rent of shared accommodation
26C Variation in arrangement of shared accommodation to be notified
26D Rent of shared accommodation and goods leased therewith
Division 4 Rent of shared accommodation within the Metropolitan Area
26E Application of Division
27 Determination of rent of shared accommodation
28 Variation in arrangement of shared accommodation to be notified
29 Rent of shared accommodation and goods leased therewith
29A Reference of application to Fair Rents Board
30 Appeal from determination
31 Procedure on appeal
31A–31M (Repealed)
Division 4AA Determination of rents on current values
31MAA Definitions
31MBA Lessor may require information as to net income of lessee and residents of prescribed premises
31MCA Application for determination of fair rent under this Division
31MDA Power of Fair Rents Board to determine fair rent at current value rental
31MEA Fair Rents Board may order costs
31MFA Variation of determinations
31MGA Board to which application may be made
31MHA Notice of application
31MIA Determination of application
31MJA Date of operation of determination
31MKA Lease of prescribed premises together with goods
31MLA Non-application of certain provisions of this Act
31MMA Determination includes variation of determination
31MA Interim determination
31MB Amendment of applications
31N Application by lessor for fair rent determination to indicate amount of rent sought
31O Application by lessor or owner contemplating repairs etc
32 Variation of determination
32A (Repealed)
32B Rent of premises partly decontrolled
33 Effect of determination
34 Lessor to notify change in services supplied or in nature of occupancy
35 Premises not to be let at rent exceeding fair rent
36 Certain payments prohibited
36A Particulars of certain advertisements to be furnished to the Director-General
37 Certain representations etc prohibited
38 Refusal to let dwelling-house to applicant with family prohibited
39 Dwelling-house not to be let unless in good repair
40 Premises leased for holiday purposes only
41 Appeals
42 Costs not to be allowed
43 Fair Rents Board or Director-General not bound to conduct oral hearing
44 Summoning of witnesses and production of documents
45 Failure to attend or produce documents
46 Refusal to be sworn or give evidence
47 False testimony
48 Protection to and liability of witness
49 Protection of reports and proceedings
50 Contempt of Board
51 Protection of Board
52 Information as to fair rent
53 Intervention by Minister
54 Representation by agent
55 Records of rent
56 Receipts to be given
57 Lessor to ascertain fair rent
58 Certificate as to fair rent
59 Service of notices
60 Service upon agent sufficient
61 Courts may order refund of amounts overpaid
Part 3 Recovery of possession of prescribed premises
62 Restriction on eviction
62A Court may bar lessor’s right to take proceedings where refusal of consent to assignment etc unreasonable
62B Power to assign certain tenancies at will
63 Period of notice to quit
64 Notice to quit not to be given within six months after determination
65 Notice to quit where dwelling-house sold
66 Notice to specify grounds
67 Notice to quit to terminate lease
68 Notice to quit after failure of eviction proceedings
69 Competent courts
69A (Repealed)
70 Court to consider hardship
70A (Repealed)
71 Power to stay proceedings or orders
72 Certain applications to operate as stay of execution
73 Hearing in chambers
74 Appeals
75 Ejectment orders not enforceable unless made under this Act
76 Court may order compensation for misrepresentation
77 Premises not to be sold or re-let in certain cases
78 Application to limited class of premises
79 Enforcement of orders
80 Acceptance of rent not to waive notice to quit
81 Persons not to interfere with use or enjoyment of premises
81A Court may order that certain dwelling-houses remain subject to this Act
82 Protection of sub-lessees
83 Protection of certain persons in possession of premises
83A Protection of member of the family of deceased lessee
83B NSW Trustee and Guardian’s title not a defence to recovery of possession of prescribed premises after death of lessee in certain cases
83C Periodic leases may not be disposed of by will or pass on intestacy
84 Costs to be allowed
85 Intervention of Minister
85A Application of certain sections in Part 2
85B Application by solicitor or agent
86 Exclusion of premises from operation of Part 3 and Part 5
86A Exclusion of premises from operation of Part 3 and Part 5 where lessor and lessee are employer and employee
87 Exclusion of certain subdivided premises etc from operation of Part 3 and Part 5
87A Part 3 not to apply to a dwelling-house let on behalf of an insane patient
87B Exclusion of certain premises from operation of Part 3 and Part 5
88 Threats and boycotts prohibited
88A Dwelling-house not to be sold unless tenant given opportunity to purchase
88B Premises not to be sold in certain circumstances
88C Penalty for publishing certain statements
88D Implied powers in lessor
89 Contracting out prohibited
90 Contracts to evade Act prohibited
90A Certain contracts to be void
91 Transactions not invalidated
92 Information to be furnished on request
93 Powers of entry and inspection
94 Proof of instruments
95 Offences and penalties
95A Liability of directors etc for offences by corporation—accessory to the commission of the offences
96 Regulations
97 Regulations may transfer powers of Director-General to Fair Rents Board
98 Proceedings for offences
98A Premises to be deemed prescribed premises etc unless the contrary is shown
99 Definitions
100 Limitation on power of court to make order for recovery of possession
101 Protection of protected person claiming under lessee where tenancy determined
102 Sections 100 and 101 not to apply where lessor is a protected person or age pensioner
103–110 (Repealed)
111 Rental of farms by members of the Forces etc
112 Prohibition of eviction of dependants of members of the Forces in certain cases
113 This Part not to apply in certain cases